The European Commission has announced that revisions to its tobacco control laws will be fast tracked, with a proposal now expected next year.
A leaked draft of its Cardiovascular plan – now renamed the Safe Hearts Plan – obtained by EurActiv and Politico, shows that the Commission plans to “propose, in 2026, a revision of the legislative framework on tobacco control”. The Commission says it wants smoking rates to be less than 5% in 2040.
An earlier draft seen by Clearing the Air suggested that the proposal would come in 2027. Any Proposal by the European Commission will be amended and signed off by both the European Parliament and EU Member States.
Regaining the initiative
Sources close to the political process say that the Commission was under pressure to bring forward the revision after having failed to achieve its objectives at the WHO’s tobacco control convention, where a bloc of Member States refused to agree to condoning bans on safer nicotine products against the wishes of the EU Executive.
“Active smoking and second-hand smoke exposure cause around 20% of coronary heart diseases”, according to the Safe Hearts Plan, but “novel tobacco and nicotine products, such as heated tobacco products, e-cigarettes and nicotine pouches, have become increasingly popular in recent years, especially among young people. Emerging evidence highlights the health risks associated with these products and suggests that they may serve as a gateway to nicotine addiction and traditional tobacco consumption”.
The plan does not mention potential benefits for smokers, despite the European Parliament twice having voted to classify vapes as devices that can help smokers quit.
More tax please…but not on processed foods
The Plan also highlights the Commission’s desire to increase taxes on safer nicotine products, having proposed a huge increase on safer nicotine products through a revised EU Tobacco Taxation Directive, revealed first on Clearing the Air.
The Danish Presidency of the European Council has since sought to more than double the tax that would be levied on heated tobacco products, but this has not been met with much enthusiasm in Council, according to sources spoken to by Clearing the Air.
However, the Commission has dialled back its ambitions to levy taxes on processed foods. The initial leaked plan says that the EU will “work towards” a tax on such foods, a u-turn from the earlier draft that pledged to unveil the plans next year.
A long way to go
The new deadline marks the start of a frantic race to get the proposal out, as the bureaucratic processes that need to be cleared ahead of any proposal are considerable.
The Commission will first need to publish what’s known as an “evaluation report”, assessing the progress made under existing tobacco control laws. It will then need to draft and conduct a public consultation and go through multiple layers of approvals within the EU executive before any new Directive is passed to the Member States and the European Parliament.
One source close to the file told Clearing the Air: “procedurally, this looks impossible…I mean, an impact assessment alone usually takes 12 months”. “They must already have the proposal ready to go”, said another, “and this is just a box checking exercise”.
Finally acting on the TPD revision is welcome. We need risk-based rules and taxes, plus real support for less harmful alternatives. Hopefully, the Commission listens to consumers and scientific evidence in this process, though past experience gives little reason for hope – Michael Landl, Director at World Vapers’ Alliance
