Brussels 20 February 2026
Since its entry into force in 2005, the WHO Framework Convention on Tobacco Control (FCTC) has provided the global framework for tobacco control policies.
In recent years, Article 5.3 has sparked increasing debate in the European policy environment going beyond its original intent. Some interpretations suggest that it requires the systematic exclusion of the tobacco industry from any interaction with policymakers, regardless of the policy area.
Tobacco Europe believes that this trend warrants clarification.
Article 5.3 was designed “[…] to protect [public health] policies from commercial or vested interests of the tobacco industry […]”. It is not intended to justify the blanket exclusion of lawful economic operators from regulatory discussions that directly affect them. Nor does it extend to unrelated policy areas such as environmental legislation, customs enforcement, taxation, financial regulation or other non-health matters This interpretation was further clarified by the Court of Justice of the European Union in February 2022, in its judgment in Case C-160/20 concerning emission measurement methods. The Court stated:
“It is clear from the very wording of that provision that it does not prohibit all participation of the tobacco industry in the establishment and implementation of rules on tobacco control but is intended solely to prevent the tobacco control policies of the parties to the convention from being influenced by that industry’s interests.”
This confirms that Article 5.3 aims to prevent undue influence in public health policies, not to prohibit engagement, information exchange or dialogue , and especially not to extend its scope to unrelated areas of policymaking.
Tobacco Europe believes that a correct interpretation of Article 5.3 provides an opportunity to strengthen transparency, accountability and integrity in decision-making. These objectives are fully aligned with EU and OECD principles of Better Regulation, which emphasise openness, stakeholder consultation and evidence-based policymaking.
Ensuring transparency does not require exclusion. On the contrary, structured and accountable dialogue with all affected stakeholders supports more robust, balanced and legally sound policymaking.
Tobacco Europe and its members operate legally within the European Union. They are subject to extensive regulation and are directly impacted by legislative and regulatory initiatives across multiple policy fields. As such, they are legitimate, transparent and accountable stakeholders in European policymaking and should be able to engage with the European institutions.
