Fighting the tobacco epidemic to protect public health by reducing preventable cancer cases
Tobacco consumption is both the single largest avoidable health risk and the most significant cause of premature death in the EU, responsible for nearly 700,000 deaths every year. Around 50% of smokers die prematurely (on average 14 years earlier). Despite considerable progress made in recent years, the number of smokers in the EU is still high - 26% of the overall population and 29% of young Europeans aged 15-24 smoke.
The EU tobacco legislation consists of the following acts:
- Tobacco Products Directive (2014/40/EU)
- Tobacco Advertising Directive (2003/33/EC)
- Tobacco Tax Directive ( 2010/12/EU)
A strong European commitment has been established through Europe’s Beating Cancer Plan (EBCP) and its goal of achieving a tobacco-free Europe via:
- Reducing tobacco use by 30% by 2025 to reach the WHO target;
- Achieving a 5% tobacco prevalence level by 2040.
As envisaged in the Beating Cancer Plan’s Implementation Roadmap, the European Commission (EC) is currently assessing EU tobacco legislation and conducted a public consultation (closed on 16 May 2023) to collect views on the performance of the current EU legislative framework for tobacco control, notably the Tobacco Product Directive (TPD) and Tobacco Advertising Directive (TAD), with reference to the WHO Framework Convention on Tobacco Control.
The main aim of the public consultation was to collect comments on whether current EU legislation is effectively protecting public health and how legislation could be improved, and includes the following issues:
- Emerging novel tobacco products;
- Regulatory challenges posed by heated tobacco products (HTPs), e-cigarettes and new herbal products;
- The use of emerging products among youth and the health risks associated with these products;
- Cross-border distance sales and the legal age limit verification for purchasing tobacco products;
- The rules on tobacco advertising, promotion and sponsorship (TAPS).
Back in April 2024 the EC paused its plans to publish an evaluation and a legislative proposal – originally meant to come in 2022 followed by a legislative proposal in 2024 - of the TPD from its EBCP’s Implementation Roadmap and no clear timeline has been proposed to date. A legislative proposal from the EC to revise the Tobacco Tax Directive (TTD) was expected in 2022 and the updated Implementation Roadmap does not indicate any timeline for 2024/25.
ESMO responded to the aforementioned public consultation advising that the following issues be addressed in the upcoming revision:
- Introduction of mandatory plain-packaging with 80% front and back pictorial health warnings for all tobacco products;
- Harmonisation of the definitions of tobacco and related products across EU legislation;
- Strengthening of rules on tobacco advertising, promotion and sponsorship (TAPS), with a particular focus on e-cigarettes and heated tobacco products (HTPs);
- Introduction of a definition for HTPs. Subject them to the full effect of the TPD. Revise the definition and regulatory pathway of ‘novel’ tobacco products;
- Impose a ban cross-border distance (online) sales of tobacco products and e-cigarettes;
- Referencing the WHO Framework Convention on Tobacco Control (FCTC) Article 5.3 (protecting public health policy from tobacco industry interference) in the TPD;
- Removal of the TPD Article 7(12) which exempts tobacco products other than cigarettes and roll-your-own tobacco from the ban on characterising flavours;
- Maintenance of the ban on tobacco products for oral use (‘snus’) on the EU market and introduce a distinct definition for ‘snus’ and ‘chewing tobacco’.
As part of the EBCP, the EC has been also revising the 2009 Council Recommendation on smoke-free environments, with the aim of publishing an updated version on 31 January 2024. However the publication has since also been delayed by the EC.
Noting the aforementioned delays, ESMO published a statement condemning the EC’s decision to not bring forward the proposed Council Recommendation on smoke-free environments and expressed its disappointment regarding the further delay of the EU’s tobacco legislation revision.
ESMO is committed to working with the EU and national governments to secure the implementation of comprehensive tobacco control measures to tackle the bane of cancer.