The European Commission’s evaluation of EU tobacco and nicotine legislation fails to meet Better Regulation standards and risks producing a regulatory framework that harms public health, EU competitiveness and public security, according to the European tobacco sector’s umbrella body.
Tobacco Europe, which represents three of the largest tobacco and nicotine manufacturers in the EU, said the report published today contains significant gaps in its treatment of real-world evidence and independent science, assessment of socioeconomic impacts and engagement with stakeholders.
The evaluation follows a review which took more than three years and is expected to inform the upcoming revision of the Tobacco Products Directive. Its conclusions will have far-reaching consequences for the more than 100 million European adult nicotine consumers, 1.4 million people employed across the EU tobacco and nicotine value chain, and for the more than €107 billion in annual tax revenues generated across the bloc.
“This evaluation was an opportunity to take an honest, evidence-based look at what is working and what is falling short in EU tobacco regulation. Despite taking more than three years, this opportunity has been completely missed,” said Nathalie Darge, Secretary General of Tobacco Europe.
“The report fails to recognise the real-world progress made in reducing smoking rates in Sweden, Czechia and Greece, and the large and growing body of independent science demonstrating that smokeless nicotine products are reducing harm and offer alternatives to adult consumers, while overlooking the contribution of SMEs and the wider supply chain to the EU economy. At the same time, in 2024 illegal tobacco costs EU governments €14.9 billion in lost revenue, in addition to lost tax receipts from vapour and other smokeless products, and threatens the blocs security. As highlighted by the Commission’s Regulatory Scrutiny Board comments in the Report, the significant enforcement challenges being faced by customs, border, police and health authorities in Member States have been overlooked.
“There is a direct link between extreme regulation and taxation and the size of illegal markets,” Darge said.
“Where member states have imposed extreme regulation and bans, as in Belgium and the Netherlands, the government has lost control to criminal gangs and irresponsible retailers, who don’t care about consumer safeguards or age checks, and profit at the expense of taxpayers.”
Tobacco Europe also questioned the inclusiveness of the evaluation process. During the Commission’s 2023 public consultation, 77% of 24,000 respondents agreed that smokeless products help adults move away from cigarettes. Tobacco Europe says this consensus, along with its own detailed submissions throughout the process, is not meaningfully reflected in the final report.
“We are committed to constructive engagement in the legislative process ahead,” Darge said.
