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EU prepares for showdown over tobacco rules and taxation

A significant confrontation is brewing in Brussels as the European Commission prepares to unveil its first comprehensive assessment of the health impact of alternative nicotine products, including e-cigarettes, heated tobacco and nicotine pouches, according to Euractiv.

The findings will feed directly into the forthcoming overhaul of the Tobacco Products Directive. A reform could redefine how these newer products are regulated across the bloc and determine whether they should face restrictions comparable to those applied to conventional cigarettes.

Although the legislative revision formally concerns public health rules, it unfolds against the backdrop of a parallel and politically sensitive dispute over tobacco taxation. Discussions on the Tobacco Excise Tax Directive and the proposed Tobacco Excise Duty Own Resource are closely intertwined with the regulatory debate.

Under current plans, Brussels aims to secure €11.2 billion annually from tobacco-related revenues as part of its system of “own resources” to finance the EU’s long-term budget, making the fiscal dimension impossible to ignore.

The Commission has already signalled a firm line. EU Health Commissioner Olivér Várhelyi stated last December that alternative tobacco products are as harmful as conventional cigarettes.

The Regulatory Scrutiny Board has reportedly warned that the draft evaluation includes elements that go beyond a neutral assessment and contain “forward-looking measures”, suggesting that groundwork for tighter controls may already be embedded in the analysis.

Officials involved in the process insist the study will rest on robust scientific evidence, conscious that the tobacco industry is likely to challenge its methodology and conclusions in detail.

Yet the debate among member states remains divided. A coalition led by France and the Netherlands has advocated stricter limits on alternative products. By contrast, countries such as Italy and Greece argue that any decision must be anchored firmly in data rather than precautionary assumptions.

Simultaneously, negotiations over excise reform have stalled. The proposed TEDOR mechanism would require member states to transfer 15% of their national tobacco tax revenues to the EU budget. Diplomats argue that the higher the harmonised minimum rates across the bloc, the less acute the impact of this transfer will be for national treasuries.

Attention has shifted to Wopke Hoekstra, the Commissioner responsible for taxation, who is expected to play a central role ahead of the forthcoming ECOFIN meeting.

Industry sources suggest that if no compromise is reached and calculations revert to the existing framework, annual revenues could be limited to roughly €5 billion rather than the near €11 billion envisaged under the current proposal. The Commission has indicated that any shortfall would ultimately require either higher national contributions or reductions in overall EU spending.

Further uncertainty looms as Ireland, one of the member states with the highest tobacco tax levels, prepares to assume the rotating Council presidency. Observers note that Dublin may be reluctant to endorse minimum EU rates below its domestic standards, potentially prolonging negotiations.

Taken together, the regulatory and fiscal debates reveal a broader contest over how the EU balances public health objectives, internal market coherence and budgetary ambitions.

With scientific evidence contested and political interests diverging, the coming months are likely to determine not only the future of alternative nicotine products in Europe but also the scale of tobacco’s contribution to the Union’s finances.

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