129 organizations call on Spain not to become a "tobacco trafficking state"

129 organizations from 42 European countries sent a letter to the President of Spain with the aim of reversing the decision to establish 203 new tobacco shops in Spain, some of which will be concentrated on the Franco-Spanish border. The signatories denounce the objective of such a measure to turn Spain into a "tobacco trafficking state" and to go against the country's commitments, particularly in terms of public health.

In June 2022, the Spanish Ministry of Finance announced that more than 200 new tobacco retail licenses will be added to the existing 13,000.[1]Some of them aim to attract French border consumers, since 30 new tobacco shops will be placed along the Franco-Spanish border.[2].

A concentration level of tobacco retailers already too high

In Spain, the average concentration of tobacconists is approximately 3.4 tobacconists per 10,000 inhabitants. In areas bordering France, this concentration reaches 50 tobacconists per 10,000 inhabitants, more than 14 times higher than the national average. As the authors of the letter point out, this measure would lead to the creation of tobacconists less than 25 meters from other tobacconists or even schools, whereas the minimum distance imposed in Spain is 150 meters.

Capturing tax revenues and French consumers

The objective of this measure is to try to capture some of the French border consumption: in France, most cigarette packs cost over ten euros, compared to less than five in Spain. If a significant and regular increase in tobacco prices is the most effective and profitable lever for reducing tobacco consumption, the announcement by the Ministry of Finance should lead to encouraging cross-border tobacco trade, as well as smuggling. For this reason, the signatories of the letter denounce Spain's desire to become a "tobacco trafficking state." The establishment of numerous new outlets would thus reduce some of the effectiveness of public health measures implemented in France, by facilitating access to cheap tobacco products, while penalizing France's tax revenues. This decision thus appears doubly unfair, since it allows Spain to encourage smoking in French border regions, without bearing the financial cost in terms of public health.

A decision contrary to many of Spain's commitments

As the letter points out, these 203 new tobacconists will also have health consequences for the Spanish people, while the right to protect the health of citizens is recognized by Article 43 of the Hispanic Constitution. It has been shown that increasing the number of tobacconists leads to the promotion and normalization of smoking. Such a decision is also contrary to the national, European, and international commitments made by Spain, such as the WHO Framework Convention on Tobacco Control (FCTC), the UN Sustainable Development Goals (SDGs), and the International Covenant on Economic, Social, and Cultural Rights.

Spain's fiscal imperative reconcilable with public health interests

The 129 signatories of the open letter regret that the Spanish government has "bowed to the interests of the tobacco industry" and call on the government to reverse its decision and to gradually phase out tobacco product outlets. Incorporating Spain's need to generate new tax revenue, the authors of the letter also call on the Spanish public authorities to implement a strong tax policy on all tobacco and nicotine products, with the aim of harmonizing with France. Finally, the various European organizations recommend that the Spanish government launch the Comprehensive Tobacco Control Plan (2021-2025), with a view to a tobacco-free next generation.

FT

[1] National Committee against Smoking (CNCT), The CNCT and 127 international organizations denounce the opening of 200 tobacco shops in Spain, 08/09/2022, (accessed 12/09/2022)

[2] Tobacco Control,129 organizations send letter to Spanish President denouncing Spain's intention to become a “tobacco dealer state” along French Border, 09/11/2022, (accessed 12/09/2022)