The events following the results of the EU elections held this month and the various political appointments and allegiances in the European Parliament will present a crucial juncture for many EU legislative frameworks, which were aimed at harmonising legislation across the Member states.
This also includes tobacco regulation in Europe. The revision of the Tobacco Products Directive (TPD) – a key piece of legislation governing the sale and marketing of tobacco products across the EU – is nearing completion but awaits finalisation by the newly elected European Parliament.
The Current Landscape: Balancing Public Health and Harmonisation efforts to achieve consistency
The Tobacco Products Directive (2014/40/EU) seeks to improve the functioning of the internal market for tobacco and related products. It entered into force in 2014 and became obligatory for member states two years later.
Malta transposed the EU Tobacco Directive into national law through the “Manufacture, Presentation and Sale of Tobacco and Related Products Regulations 2016”.
The Tobacco Product Directive includes regulations on nicotine products, setting the rules for EU member-states. Manufacturers and importers must submit detailed reports regarding the ingredients used in their products and provide notifications of new products before they enter the market.
Although the Tobacco Product Directive secured a harmonised regulatory framework across the EU, it’s also necessary to regulate the new trends emerging since the last revision.
The Revision Process: Public Input Shapes Policy
The revision process is nearing completion, but its progress was stalled due to the run-up to the recent EU Parliament elections and the newly elected parliament must discuss and potentially amend the revised TPD before it becomes law within the coming period.
The process towards revising the TPD is a collaborative effort involving several public consultations, including those open to the public. These consultations are instrumental in shaping the direction of the revision, focusing on the effectiveness of the TPD in achieving public health outcomes; the impact of new and emerging products; measures to reduce tobacco consumption, especially among young people and strategies to combat illicit trade.
Workshops and public hearings were conducted to gather feedback, while two online questionnaires sought feedback from the individual citizens.
The Importance of a Unified TPD for the EU
Harmonisation is the main objective of the TPD, meaning to avoid a patchwork of regulations across the EU member states. Different legislation increases the danger of cross-border purchasing, where consumers buy from more lenient countries, undermining stricter controls in other member states.
Different regulations implemented in various countries can also lead to opportunities for illicit trade, and more challenges in enforcement. Consumers can also be confused due to different product availability and health and safety warnings.
Safeguarding Public Health: Member States to Strengthen Enforcement of Tobacco Laws
Meanwhile, Member States are encouraged to focus their efforts on a multi-pronged approach to promote responsible consumer choices and public health.
This includes educational campaigns to raise awareness alongside robust enforcement measures to ensure compliance with regulations.
A key focus is empowering retailers through additional training for employees who sell new tobacco products. This could ensure they can accurately verify age and confidently refuse sales to anyone underage.
Clear and informative signage could also be displayed at point-of-sale, reminding customers of age restrictions. Additionally, strong deterrents like harsher penalties could be implemented for unauthorised or illegal products.
These collaborative efforts contribute to a broader national effort to safeguard young people from accessing age-restricted substances, including tobacco, gambling, alcohol, and psychoactive substances.
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