In 2022, the Directorate-General for Health and Food Safety (SANTE) of the European Commission conducts an evaluation of the implementation of the EU's legislative framework for tobacco products, which is scheduled to start in the first quarter of 2022 and continue until the second quarter of 2023. Recently, SANTE launched a public consultation on this, calling on the target audience to provide evidence for the evaluation. The evaluation will help understand how well the legislative framework has worked in the past, whether it has achieved its goals and how it supports future commitments.

In this issue, you will interpret the relevant points of the EU tobacco product legislative framework evaluation and consultation, and help you understand the revision progress of the EU's new tobacco product regulations in advance.

Evaluation purpose

The Tobacco Products Directive (TPD) Implementation Report published in May 2021 indicates that the scope of the current TPD may not cover all novel tobacco and related products, nor does it provide flexibility to respond to rapid product development. In response to these changes, legislative functions related to product toxicity, addictiveness, and attractiveness should be evaluated, as well as an evaluation of how these products are presented and promoted to the public.

Scope of evaluation

Legislative framework for tobacco control: It mainly includes the Tobacco Products Directive (2014/40/EU), the Tobacco Advertising Directive (2003/33/EC) and other relevant tobacco control policies in the EU. Product regulation and regulation of advertising, promotion and sponsorship are the two pillars of tobacco control policy, along with other initiatives such as taxation, smoke-free environments and smoking cessation measures.

Consulting strategy

The consultation and consultation for this evaluation will focus on three aspects:

a. Request to provide evidence;

b. Open a 12-week public consultation, accepting a call for evidence and public consultation in any of the 24 official EU languages;

c. The Committee may use various consultation methods, such as conferences, seminars and events, as well as Committee Expert Groups, to consult with stakeholders in a targeted manner.

  Target Audience

The following tobacco control stakeholders are targeted:

a. Representatives of national public authorities, public health and internal market regulators, law enforcement and customs agencies;

b. EU Decentralized Bodies and other bodies;

c. International, transnational, national, regional and local municipal bodies and other public authorities or organizations actively involved in tobacco control;

d. Scientific experts, academic and research institutions, and the public health community;

e. Standards-setting bodies and organizations, such as the International Organization for Standardization (ISO) and the European Standards Organization (CEN);

f. NGOs, consumer organizations and civil society;

g. social partners, such as chambers of commerce, employers' organizations, business organizations, trade unions and professional or industry representatives;

f. Tobacco and related products industry, including SMEs, manufacturers, distributors and retailers, and upstream suppliers to the tobacco and related products industry.

In addition to the above target groups, contributions from the general public (such as non-experts or experts responding in their personal capacity) and organizations are also accepted.

  data collection

In addition to various consultative activities, an evidence map will be produced to identify information gaps and knowledge/evidence requirements for evaluation work, incorporating credibility and transparency into the policy process. This includes:

a. TPD implementation report;

b. Supporting research of TPD implementation report;

c. Tobacco and related products smoke-free environment and advertising research;

d. Report on the implementation of the EU Tobacco Advertising Directive;

e. Research on "consumer preferences and perceptions of specific categories of tobacco and related products";

f. Scientific Committee on Health, Environment and Emerging Risks (SCHEER) opinion on e-cigarettes;

g. Eurobarometer 506 (on European attitudes towards tobacco and e-cigarettes);

h. Deliverables for joint tobacco control initiatives to support the implementation of the Tobacco Products Directive (TPD) in EU countries;

i. Data and evidence collected as part of previous Tobacco Products Directive evaluations and impact evaluations (2012 proposal to amend the Tobacco Products Directive);

j. Provide monitoring data on sales of tobacco and related products, online sales and promotion, and product consumption through commercial data platforms.

According to the evaluation timetable published this time, the EU TPD Directive may be revised as early as the third quarter of 2023. According to the existing information, the revised new TPD law may clarify more details on the control, sales and display of new tobacco products. It is recommended that relevant companies pay close attention to the revision of the EU TPD to ensure product compliance.

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