Smokers in the EU’s sights! Cigarettes and the like – is the EU now banning everything?

Brussels is now targeting all smokers! Far-reaching new bans are now looming across Europe.

What exactly is this about? The EU wants to create a “
tobacco-free generation” by 2040. That means a smoking rate of less than 5 per cent! The rationale given is the health risks posed by second-hand smoke and aerosols, particularly for children, pregnant women and the elderly.

In future, smoking should be banned from public spaces.

The proposal, which is now due to be voted on in the European Parliament – likely on Thursday, 28 November 2024 – aims to extend the smoking ban to almost all public spaces, such as parks, Christmas markets, outdoor areas of restaurants and bars, café terraces, the surroundings of public buildings, and beaches – the list of possible locations is long.

Protecting public health or giving smokers ‘free rein’?
As always, the European Commission’s aims are well-founded; after all, public health is at stake. It’s hard to argue with that, isn’t it? Yes, says the European Taxpayers’ Association (TAE)! For there is neither an impact assessment of the legislation regarding the financial implications for affected businesses and institutions, nor an assessment of the proportionality of the ban. There is also no concrete proposal for the practical implementation of this comprehensive ban, as this has been left open.

However important health protection may be, the legitimate question remains as to whether a blanket ban is the right approach. After all, a ban without penalties is pointless! For example, will restaurant owners in future have to ensure that nobody smokes outside their premises – neither guests nor passers-by? Who is liable for breaches? Would the owner then have to inform the police or the relevant public order authority? Or would it make more sense to set up national or regional reporting centres for smoking-related issues, where those affected could report such incidents anonymously? Would the local authority then impose fines for smoking cigarettes or e-cigarettes on park benches?

I’m imagining the worst-case scenarios. First we protect people from smoking, then from alcohol, from sugary foods, from unhealthy, greasy foods such as burgers, kebabs, currywurst, ice cream and all the other things that could be harmful to health. The surveillance state sends its regards! What could happen now is a godsend for the EU’s critics!

From a German perspective, this may sound strange or bizarre, but the ‘ban ultimately applies to anything that smokes’ – that is, cigarettes, e-cigarettes, etc. – and consequently also to cannabis, which has only just been legalised in Germany.

As far as we are aware, the Parliament in Strasbourg intends to decide on this next week, probably this coming Thursday. It is entirely possible that further proposals will be tabled.

Better regulation and cutting red tape?
The theme of several meetings we attended as the European Taxpayers’ Association in Brussels from 18 to 20 November was ‘Better regulation and cutting red tape’. However, this proposal seems a long way from that.

Education and prevention, as well as greater consistency in phasing out subsidies.
If the EU wishes to tackle the problem of smoking in a targeted manner, then, in our view, the first step should be to provide more and better information, particularly for children and young people.

We should also ensure that tobacco cultivation is no longer subsidised in European regions (see the 2023 WHO report).

According to Statista, Germany generated tobacco tax revenue of 14.7 billion euros in 2023 alone. Added to this are VAT revenues on tobacco products. Generally speaking, tobacco tax revenues account for the largest share of excise duty revenues in almost all EU countries. This should therefore be taken into account in the impact assessment! Yet this is not happening!

Another problem is the loss of tobacco tax revenue within the EU. The European Commission should devote more attention to this issue (see the KPMG report, September 2024). The EU loses around 11.6 billion euros in tax revenue every year!

Illegal trade and tax losses have been a problem for years, but so far nothing substantial has been done to tackle them!

Conclusion:
The bureaucratic machine in Brussels keeps turning relentlessly!

Now smokers are being targeted too! Protecting children and young people, yes, but please with a sense of proportion! After all, a Europe-wide ban would also have to be monitored and breaches penalised, which will never work.

The EU must finally stop trying to regulate every aspect of our lives and feeling responsible for everything, everywhere!

Because we, the citizens, are paying the price in the form of a loss of our freedom.

What’s next? After all, there are plenty of other things that are harmful to health.

This policy is, moreover, downright hypocritical, as the billions in tobacco tax revenue are still readily used to fund public budgets; therefore, this revenue should be used in full for prevention and harm reduction, as well as for structural reforms!

Brussels/Munich, 25 November 2024,
Michael Jaeger