Finnish commerce federation’s revision of the tobacco products directive and the tobacco advertising directive

The Finnish Commerce Federation welcomes the opportunity to share its views on the upcoming revision of the Tobacco Products Directive (Directive 2014/40/EU) and the Tobacco Advertising Directive (Directive 2003/33/EC).

We share the Commission’s view that divergent national rules — on the regulation of flavours in e-cigarettes, plain packaging requirements, disposable e-cigarettes, tobacco heating devices, nicotine products other than e-cigarettes and refill containers (such as nicotine pouches), and electronic non-nicotine delivery systems — create barriers to the smooth functioning of the internal market and distort competition. In our view, the regulation of these products, and of tobacco products in general, should be as uniform as possible across Member States. We also support the promotion of non-smoking in legislation, and the Federation supports effective measures to prevent access by minors; retailers already apply robust age verification at the point of sale and are committed partners in keeping these products away from young people.

Very large differences in taxation between Member States should be avoided, as they drive tax-free traveller imports from lower-taxation countries into higher-taxation ones, which undermines legitimate domestic retailers. In this respect, sufficiently high baseline tax levels across all Member States are a relevant tool for narrowing these differentials and thereby reducing tax-free traveller imports between countries. This is particularly relevant for Finland, where tax levels on these products are already very high.

At the same time, we are in favour of simplifying certain provisions of the directives in order to reduce complexity, ease the administrative burden on businesses and save resources.

As an association representing the commerce and retail sector, we wish to emphasise that EU-level regulatory choices will shape the operating environment for retailers in the years to come. We therefore ask that any new restrictions be based on a thorough impact assessment that explicitly takes into account the effects on the retail sector, on cross-border trade and on the administrative burden borne by businesses. Regulation must remain proportionate and must always safeguard legitimate activities. Where new requirements are introduced — for example regarding packaging or labelling — sufficient transition periods should be provided so that retailers can adapt their operations and stock in an orderly way.