By Martin Banks

Critics of upcoming legislation claim that the EU is trying to “expand” regulatory control over tobacco and nicotine products.

This effort, it is also alleged by some, is being advanced through both the planned new legislation and what has been called “active engagement” with global negotiations at the World Health Organization.

Campaigners who are strongly against further controls on such tobacco and nicotine items argue that the recent COP11 meeting in Geneva, along with the upcoming revision to the Tobacco Excise Directive (TED) and possible introduction of the Tobacco Excise Duty on Other Related (TEDOR) products, suggests the EU is pursuing a “multiple layer” approach.

Within the EU, the European Commission is preparing significant changes to TED and possibly introducing TEDOR. The overall goal is to support the EU’s target of a tobacco-free generation by 2040, recognizing taxation as a key tool for reducing tobacco use. These measures, it has been reported, would raise minimum excise rates on cigarettes, heated tobacco, vaping products, nicotine pouches and raw tobacco.

But some governments have cautioned that the proposals could shift tax authority away from EU capitals and reduce national flexibility in areas that traditionally fall under domestic competence. Some concerns have also been raised about possible economic effects on tobacco-growing regions in Italy, Greece, Spain and Poland, and on small and medium sized businesses involved in manufacturing and distribution.

The COP11 event brought together parties to the WHO Framework Convention on Tobacco Control and discussions took place about the regulation of emerging nicotine products. The event, last month, focused on global tobacco control, making progress on issues like sustainable financing and environmental protections related to tobacco, but failed to reach a consensus on regulating new nicotine products like e-cigarettes.

WHO officials and some NGOs reportedly argued for stricter controls on vaping devices, heated tobacco and nicotine pouches. These included flavour restrictions and environmental rules related to filters and device components.

It is important to stress that COP decisions have no direct impact on the EU legislation and are not directly applicable in the EU.

Some countries, however, argue that the Union should follow a more science-based and flexible path, noting domestic strategies that have successfully reduced smoking. Sweden’s reduction of smoking to below five percent through widespread use of smokeless products was frequently cited during the COP11 week. Czechia and Greece point to declines in smoking after integrating harm reduction into national plans. Other member states are thought to support a more restrictive direction aligned with WHO guidance, emphasising youth protection and environmental concerns.

COP11 concluded with decisions focused on environmental matters, sustainable funding for tobacco control programmes. Broader regulatory issues were deferred to COP12, scheduled for 2027 in Armenia.

But the debate continues on how decisions are being “shaped,” with critics restating their concerns about strengthening central control over nicotine policy. The role of some health NGOs has also drawn renewed scrutiny. Supporters of stricter regulation describe their input as essential for public health, while others see it as part of a “closed policy loop” that amplifies the most restrictive positions.

As the EU continues its work on TED, TEDOR and future revisions of tobacco legislation, the burning question for critics seems to be: how far the Union should go in using all available mechanisms to shape nicotine policy across Europe?

Some, meantime, have warmly welcomed the outcome of the COP11 discussions in Geneva, including the Smoke-Free Partnership, which aims to promote tobacco control advocacy.

An online SFP statement reads, “European public health organizations welcome significant progress on several agenda items, including forward-looking measures, strengthening the environmental framework and strengthening the industry’s legal accountability mechanisms. This progress has been achieved in a context of persistent interference by the tobacco industry and coordinated attempts to weaken key decisions.”

It goes on, “Smokefree Partnership, alongside its member organisations in Geneva – including the National Committee Against Smoking (CNCT) and Contre-feu – considers that the outcomes of COP11 provide a much-needed basis for strengthening action at European and national levels, while highlighting the need for increased vigilance in the face of industry influence.”

A European Commission spokesman told this website: “The Commission takes note of the outcome of the FCTC COP11 negotiations in Geneva at the end of November.

It reflects efforts to advance tobacco control and protect public health for future generations.  Throughout the negotiations, the EU was working towards reducing tobacco consumption and nicotine addiction worldwide. The EU will continue this work in partnership with all partners and stakeholders.

“EU Member States were closely involved in shaping the EU position, which respected the health policy responsibilities and competence of individual EU Member States. Throughout the negotiations, the Commission followed the positions agreed in COREPER and acted to protect Union and Member States’ interests throughout the COP.”

The spokesman continued, “The Commission has always been clear that smoking is a serious health risk that must be tackled decisively. 

It is the most significant cause of premature death in the EU, with nearly 700 000 lives lost in the EU every year.  We are currently carrying out a comprehensive evaluation on EU legislation on tobacco control. The findings of this evaluation will inform the next steps concerning EU legislation.”