European Commission slow to act on tobacco and nicotine issues

The European Commission's publication of proposals on exposure to e-cigarette and heated tobacco emissions has been delayed. Two other important directives on tobacco products and their taxation are also on extended hold, suggesting strong interference from the tobacco industry.

The European recommendation of 30 November 2009 on smoke-free environments only took into account exposure to smoke from tobacco products[1]It was to be updated to include aerosols from e-cigarettes and heated tobacco devices, as part of the European Plan to Beat Cancer.

The European Commission (EC) has however just announced that it is postponing the publication of these new proposals, expected for the third quarter of 2023.[2] This postponement is in addition to those already affecting the revision of two other directives, namely the Tobacco Products Directive (TPD) and the Tobacco Taxation Directive (TTD).

Blocking tobacco directives

The revision of the TTD was thus expected for December 2022 and has since been postponed. sine die. The revision of the TPD has been blocked since 2019, when Ursula Von der Leyen took over as head of the European Commission and promised to carry out this revision. Commitments that have so far not been followed up and compromise the European Union's objective of a tobacco-free generation by 2040, i.e. to achieve a prevalence of 5,% smokers.[3].

The Smoke Free Partnership (SFP) coalition, which brings together stakeholders in the fight against tobacco in Europe, draws a parallel between this inertia of the EC on these various issues related to tobacco and the increase in lobbying expenditure by the tobacco industry.[4]According to an analysis carried out by SFP, the tobacco industry's investments in lobbying in Europe amounted to 15 million euros in 2021, a peak never reached before.[5]. Tobacco industry interference is known to be the main obstacle to tobacco control policies worldwide.[6], SFP questions the real independence of the European Commission vis-à-vis this industry. The European Ombudsman, Emily O'Reilly, had herself, in December 2023, called on the EC to be more transparency in his interactions with representatives of the tobacco industry.

Keywords: European Commission, tobacco products, taxation, lobbying, tobacco industry

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[1] Council Recommendation of 30 November 2009 on smoke-free environments (2009/C 296/02), Official Journal of the European Union, 5 December 2009.

[2] Martuscelli C, Commission delays smoking file as Belgian presidency calls foul, Politico, published January 31, 2024, accessed the same day.

[3] Europe's Beating Cancer Plan: A new EU approach to prevention, treatment and care, European Commission, published on 3 February 2021, accessed on 31 January 2024.

[4] Smoke-free Environments: The Commission turns the clock back 30 years, Smoke Free Partnership, press release, published January 30, 2024, accessed January 31, 2024.

[5] SFP Infographic 2022: Declared Tobacco industry presence in the EU policy-making environment, Smoke Free Partnership, published December 21, 2022, accessed January 31, 2024.

[6] Assunta M, Global Tobacco Industry Interference Index 2023, Global Center for Good Governance in Tobacco Control. Bangkok, Thailand, November 2023, 84 p.