Towards a revision of European tobacco directives?

Long-awaited by European governments and anti-tobacco associations, the revision of the European directive on tobacco taxation could soon be a reality. The pressure exerted by EU member states on the Commission presidency seems to have borne fruit, even though Ursula von der Leyen is sometimes suspected of wanting to protect the interests of cigarette manufacturers.

Is white smoke finally appearing on the roof of the European Commission? According to the trade press, the European executive is about to open a procedure to revise the Tobacco Tax Directive (TTD). Several Brussels sources have confirmed this rumor to the Euractiv news site. The European Commissioner for Taxation, Wopke Hoekstra, reportedly met with experts from the Directorate-General for Taxation and Customs Union (DG TAXUD) on June 11 to validate a draft revised directive.

Foot change

Should this information be verified, it would represent a major change of foot at the top of the European Union (EU). Unchanged since 2011, the TTD has for some months been the subject of a bitter battle between, on the one hand, the President of the European Commission, Ursula von der Leyen, who has until now blocked any revision and had not put the text on the Commission's agenda for 2025; and, on the other, some 15 EU member states - including France - who are urging Ursula von der Leyen to update a text that has long since become obsolete.

On May 26, fifteen European economy and finance ministers wrote a joint letter to the President of the Commission, asking her to "take the necessary steps without delay to update" the DTT. Claiming an "almost unanimous agreement" within the Council, the ministers wrote of the "urgent need" to revise the directive. Excise duty rates, set almost fifteen years ago, have not since been indexed to inflation. Above all, numerous nicotine products (vaporizers, nicotine sachets) have been "invented" and marketed in the meantime, necessitating a complete overhaul of tobacco taxation.

Revision of the DTT paves the way for revision of the TPD

Ursula von der Leyen appears to have bowed to intense pressure from member states. In office since 2019, the Commission President had been blocking any attempt to revise the TPD for several years, contrary to her commitment. This attitude raised recurrent questions about the alleged links between the European executive and the tobacco industry, which lobbies aggressively in Brussels, where it has several hundred lobbyists dedicated to defending its interests.

Should the rumblings from Brussels be confirmed, the long-awaited revision of the DTT could pave the way for the equally strategic revision of the Tobacco Products Directive (TPD). Here too, the EU would have to include in its legislation new tobacco products (such as heated tobacco or electronic cigarettes), which were introduced onto the market after the initial adoption of the two directives, and correct the much-criticized traceability system to make it independent of tobacco manufacturers. These products are all the rage among young people, with whom they represent a real gateway to cigarettes and nicotine addiction. The revision of the TPD could be launched from July 2026, under the European presidency of Ireland, which has " a tradition of strong leadership in tobacco control ", according to the NGO Génération Sans Tabac. By then, the Tax Directive will have been completely revised. So, after years of passivity, Europe could finally regain the means to fight the scourge of smoking.