Sixteen European Union (EU) countries have urged the European Commission to propose a new law that would update the EU’s tobacco taxation rules to include products like electronic cigarettes (vapes), which are not currently covered under existing legislation.
The initiative, led by the Netherlands, is supported by Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Latvia, Slovakia, Spain, Belgium, Bulgaria, Ireland, Slovenia, and Portugal.
In a letter to the Commission, finance ministers from these countries argued that an update to the EU’s 2011 tobacco taxation law is necessary. Without EU-wide regulations on vaping, individual countries have applied different rules and tax rates, distorting the single market. The letter states, “Based on the current directive, most of these products cannot be taxed like traditional tobacco products. The provisions of the current directive are insufficient or too narrow to meet the challenges faced by Member States, given the ever-evolving offerings of the tobacco industry.”
The ministers pointed out that national regulations have created a fragmented market, leading to an uneven playing field. An update to the EU tobacco taxation law was originally due by the end of 2022 but has been delayed. The governments are urging the new Commission, which took office on December 1, to address this issue urgently.
While the European Commission has set regulatory standards for e-cigarettes—such as nicotine content limits and labeling requirements for non-smokers—rules vary widely across EU countries. For example, in France, individuals under 18 are prohibited from buying vapes, and their use is banned in certain public spaces, including universities and public transport. In Italy, a ban on e-cigarette use in public was lifted in 2013, though their use near schools remains forbidden.
Disposable vapes have become a particular point of contention, drawing concern over environmental and health issues. France is considering a complete ban on disposable vapes, while the German Federal Council has called for a similar ban across the EU.
