2 April 2026
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. "A proportionate regulatory framework that differentiates between products based on their risk profile can protect minors, support adult smokers who want to choose alternative products, safeguard jobs and tax revenue and keep the market in the hands of regulators rather than criminals. That is the approach the evidence supports, and it is what we will continue to advocate for."
ENDS
About Tobacco Europe
Tobacco Europe is the European association representing three of Europe’s largest producers of cigarettes, e-cigarettes, tobacco heated products and modern oral products. The Association’s aim is to put forward the industry’s common views on regulation and policy and promote scientific and evidence-based policies that respect the choice of consumers.
Contact details
Nathalie Darge, Secretary General
info@tobacco-europe.eu
Tobacco Europe is thrilled to invite you to our hybrid session “Eyes on Brussels”* at EVO NXT on Friday 4 April between 12:00 and 12:30.
Our association represents the leading tobacco and nicotine products manufacturers within the EU. During this interactive session, we will provide an update on the latest key policy developments in Brussels and across the EU, and their impact on the tobacco and nicotine industry.
Our presentation will tackle the most relevant regulatory discussions. Join us to learn how the latest updates from Brussels and the wider European landscape may influence our industry and engage in a discussion on what’s next for stakeholders.
Tobacco Europe is thrilled to be part of this edition of Evo Nxt, an insightful innovative business fair, during which the major industry associations will provide visitors with the latest insights. Listen to representatives from the Independent European Vape Alliance (IEVA), the UK Vaping Industry Association (UKVIA), the Alliance for Tobacco-Free Enjoyment (BfTG), the German Tobacco and Novel Products Association (BVTE), the European Confederation of Tobacco Retailers (C. E.D.T.), the Nordic Nicotine Pouches Alliance (NNPA.EU), the European Cannabis Association (ECA) and the Electronic Cigarette Professional Committee of the China Electronics Chamber of Commerce (ECCC).
>>> The entire EVO NXT programme is available here.
>>> Tickets for EVO NXT are available in the online shop.
* The Eyes on Brussels is a live platform for information that exists for 2 years now.
Once a month, on a Friday and from 12:00 to 12:30, Tobacco Europe convenes a 30 minute live online session to provide participants with the latest updates on policies and regulations impacting the industry at the EU level.
Typically, we cover topics such as the revisions of the Tobacco Products Directive and the Tobacco Excise Directive, but also impacting milestones such as COP and MOP, which are directly related to our industry.
Brussels, December 3rd, 2024
Today, the EPSCO Council adopted the Smoke and Aerosols Free Environments Recommendation.
Tobacco Europe regrets the Council's decision to include emerging products within the scope of this Recommendation. This inclusion, in our view, lacks a solid scientific foundation and fails to account for the specificities of these products.
Moreover, we find the extension of restrictions to open and semi-open spaces, such as hospitality terraces, to be disproportionate and unsupported by evidence of public harm.
It is important to remember that this Recommendation remains non-binding for Member States, allowing each to determine the measures best suited to their national contexts.
We encourage policymakers to continue engaging in a balanced dialogue and to base their decisions on thorough scientific analysis and proportionality.
