Brussels – The European Commission’s review of the Tobacco Products Directive (TPD) is faced with a fact that is hard to ignore. Over 90 per cent of the more than 82,000 responses responses received during the public consultation on the reform of the legislation expressed at least one substantial criticism of the regulatory approach proposed by Brussels. This is the finding of an analysis published by We Are Innovation, an independent network of experts studying the relationship between innovation, regulation, and economic growth, entitled “The TPD Revision and Europe’s Innovation Economy: A Review of the Evidence”. The study examined the entire body of the European consultation, classifying the contributions received by content and the positions expressed.
According to the analysis, only around two per cent of the responses would have openly supported a more restrictive approach. Furthermore, these criticisms do not appear to come from a single interest group: 96 per cent of contributions from the academic and research communities were found to be opposed to the proposed direction, as were 94 per cent of those submitted by businesses, NGOs and other organisations, and 93 per cent of responses from members of the public.
CEO Fernández: “Opposition grows with expertise”
Federico Fernández, CEO of We Are Innovation, emphasises that the most significant aspect is the broad-based nature of the criticism. “The scale of the response points to something that deserves to be taken into consideration,” says Fernández. “Of over 82,000 contributions from 138 countries, more than 90 per cent raised at least one substantial objection, while around two per cent expressed support. Consistency is key: objections appear in 96 per cent of academic responses, 94 per cent of those from companies, NGOs and other organisations, and 93 per cent of those from members of the public.”
According to the CEO, this phenomenon shows that it is not merely a clash between economic interests and public authorities. “When concern is so widespread across different groups and disciplines, it points to a shared problem rather than the influence of a single interest,” he argues. Among the priorities identified by We Are Innovation for the revision of the TPD, risk differentiation is a key focus.
“Risk differentiation must form the basis of the regulatory framework,” says Fernández. “Once regulation reflects relative risk, the other elements can find their balance.” According to the organisation, treating combustible and non-combustible products in the same way would risk ignoring significant differences and hindering innovation in the sector.
Retailers: “The legal network must be strengthened”
Specialist retailers have also expressed concerns about future regulation. The European Confederation of Tobacco Retailers (CEDT) represents over 140,000 small family-run businesses and specialist retailers in eight Member States and took part in the consultation alongside thousands of other operators. The president of the CEDT, Miguel Ángel Martínez, highlights the role of the legal distribution network in combating illegal activities.
“Effective regulation should not weaken the legal local retail network, but should recognise and strengthen it as an institutional partner in achieving the European Union’s objectives in the areas of control, prevention, and public safety,” says Martínez. The fear expressed by retailers is that overly restrictive measures could create scope for the illegal market, reducing the authorities’ ability to monitor it.
OLAF: the illicit market remains a real threat
The issue of smuggling and counterfeiting is also central to the activities of the OLAF, the European Anti-Fraud Office. In a recent operation coordinated with the authorities in Spain, Poland, Portugal, Lithuania, and Europol, the agency has helped dismantle two international organisations involved in the production and distribution of counterfeit tobacco products. Over 20 million cigarettes and 38.4 tonnes of manufactured tobacco and tobacco leaves were seized, with an estimated value of over €10 million. “Smoking is dangerous, but smoking counterfeit cigarettes is even worse”, said OLAF’s Director-General, Petr Klement. “As well as the harm to health, every illegal cigarette deprives taxpayers of resources and funds organised crime.”
Smoke Free Partnership: “It’s the quality of the evidence that counts, not the number of responses”
A different view is put forward by Smoke Free Partnership, an organisation working on European tobacco control policies. According to the association, the number of responses received during a consultation cannot be regarded as a sufficient indicator for guiding a legislative decision. “Public consultations are an essential part of the European Union’s legislative process, and citizens must have the opportunity to express their views,” states the Smoke Free Partnership. However, “they serve to inform policy, not to determine it on the basis of the volume of responses received.” The organisation highlights the need to assess “the quality, independence, transparency, and scientific rigour of the evidence presented,” while also emphasising potential conflicts of interest within the tobacco industry.
English version by the Translation Service of Withub
