Jul 20
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EU’s system for implementing FCTC track and trace requirements seriously flawed

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On 28 June, the conditions for the entry into force of the WHO’s Protocol on fighting illegal tobacco smuggling were met following ratification by a sufficient number of parties to the FCTC. As of May 2019, each tobacco pack will have at least five identification marks, placed in a variety of ways based on each country’s choice, such as tax stamps, barcodes, QR codes or holograms. The information within will be stored in a centralised database that governments can use to track the movement of tobacco. Read More

Jul 06
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CJEU Advocate General confirms discrimination for niche products

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The Court of Justice of the European Union issued an opinion yesterday on a case referred by a German court regarding the EU Tobacco Products Directive of 2014. ESTA member and family-owned company Planta Tabak sells, among other products, flavoured roll-your-own tobacco. Planta took a case to dispute provisions of the German law transposing the provision from the Directive restricting the sale of tobacco products that have a ‘characterising flavour’, arguing that the Directive violates the principle of proportionality, as there was no transitional period and therefore they were left with no time to comply with the new rules for labelling and packaging. Read More

Jun 06
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Plain packaging fails to show efficiency in reducing smoking rates

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A recent study published by independent polling company Kantar TNS shows that plain packaging has not had a measurable effect on smoking prevalence in the United Kingdom. Less than a year after its introduction, the government must now acknowledge the failure of this widely unpopular measure. The study reveals that a clear majority of UK citizens (65%) believe that plain-packaging has failed to deliver results and constitutes a poor allocation of budgetary resources. Initially introduced in Australia in 2012, the policy has never been shown to have any impact on smoking rates. Read More

May 31
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UK retail association calls for clarity on tobacco track and trace rules

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The Association of Convenience Stores (ACS) has called on the UK government to provide clarity on the new EU track and trace requirements for tobacco products. The government has said that there will be no fees associated with the application process for the codes, but there is still a lack of clarity over the time that retailers will be given to apply for the codes, and there are still “unanswered questions” about the operation of the regulations. Read More

May 28
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Plain packaging driving illegal trade in Britain

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Talking Retail reports on a new study highlighting the impact of plain packaging regulation in the UK on the one year anniversary of its introduction. The study shows that 58% of retailers are aware of fake (counterfeit) plain packaged tobacco products being sold in their local area, while 72% believe that there is more illegal or very cheap tobacco sold in their local area than before plain packaging was introduced. Read More

May 18
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Nanny State ‘sin taxes’ criticised by think tank

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A new report from the Institute of Economic Affairs attacks the disastrous practice of governments using sin taxes to change the behaviour of their citizens. The report follows a joint call from Michael Bloomberg and the WHO to use “intelligent taxation” to raise the price of products such as tobacco. Such taxation, the IEA argues, is regressive and far overreaches the proper competencies of the State. Read More

ESTA members manufacture fine‑cut tobacco, pipe tobacco, traditional European nasal snuff and chewing tobaccos in 10 Member States and export their products across the entire world. Skilled craftspeople expertly apply age old techniques, perfecting the mixture of dozens of varieties, tastes, smells and flavours, continuing a centuries‑old tradition of fine European heritage. Up to the end of the last century, the manufacture of tobacco in Europe encompassed hundreds of small producers creating thousands of signature products. Over the past 30 years, smaller firms have been acquired by larger multinational companies or have ceased activities altogether, leading to employment reductions and the disappearance of traditional brands. In the manufacturing countries, tobacco production is often rooted in less advantaged regions and plays locally a key economic and social role. It deserves protection and at the minimum should be considered when developing regulation.

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Between 2008 and 2012, consumption of  fine-cut tobacco in the EU28 increased by 37%, even though the increase varies heavily per Member State. Because of the severe economic crisis, consumer disposable income was under pressure, impacting the growth of  fine-cut tobacco consumption. This increase demonstrates the price sensitivity of  fine-cut tobacco smokers. 
 
As the economic crisis subsided between 2012 and 2015, fine-cut tobacco consumption declined in the EU and the market adjusted, returning to its pre-crisis normal order. 
 
In 2016, sales of  fine-cut tobacco kept declining by 1.09% in the EU28. This long=term downward trend follows to an extent industry consolidation. 
 
Seemingly out of step, several eastern countries still experience percentage increases in fine-cut tobacco sales whilst starting at very low sales levels. This demonstrates the buffer function of fine-cut tobacco: cigarette consumers who can no longer afford this product find in  fine-cut tobacco a legal alternative to illegal cigarettes that are often smuggled from neighbouring countries outside the EU (see London Economics Study, June 2015). 
Sometimes fine-cut tobacco is mistakenly presented as a “hook” to smoking because of its relatively higher affordability when compared to cigarettes. 
The reality of the market shows a very different picture. In most European countries,  fine-cut tobacco was and still is a niche tobacco product enjoyed by “specialist” consumers and traditional tobacco enthusiasts who enjoy fine European craftsmanship. 
 
Few exceptions exist with high market shares in countries where fine-cut tobacco has a long history and forms part of the cultural heritage. In these specialised tobacco markets, the significance of fine-cut tobacco stems from its century-old local manufacturing. 
 
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Every year, taxes on tobacco products raise more than €100 billion for EU governments. Tobacco tax policy must be delicately balanced to safeguard government revenues, protect fair competition, jobs and public health, whilst also deterring trade in illegal tobacco. Tobacco smuggling and sales of illegal tobacco products threaten this income and society at large. The fight against illegally traded tobacco is part of a wider effort to protect EU citizens. 
 
A successful implementation of Track & Trace will be of crucial importance, and requires workable standards that fit business and trading practices, making them likely to be internationally shared.
 
Read more about tobacco track & trace
 

The EU is characterised by a very diverse and flexible excise structure, which allows each Member State to set a balanced taxation of tobacco products respecting its national circumstances, interests and objectives.  Last year, excise revenues from smoking tobacco increased across the EU, even though sales declined. This clearly demonstrates the efficiency of the current flexibility left to national governments and that a “one size fits all” approach should not be considered. The few Member States (e.g. France, Netherlands) casting economic theory and the tax-bearing capacity of smoking tobacco aside had adverse effects with declining revenues whilst sales increased.

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An obvious correlation exists between the highest levels of illegal and non-­domestic consumption (e.g. France, UK, Ireland, Poland and Finland) and the highest taxation rates applied to fine-cut toconsbacco, in comparison with cigarettes.  The figures clearly show that any alignment of tobacco taxation, regardless of the products’ specificities, will prevent  fine-cut tobacco from fulfilling its buffer function, leading to increased illegal trade of cigarettes and driving down government revenues.

Read more about the relationship between tax and illegal trade