EU tobacco law revision stalls as Commission board issues second negative opinion

The European Commission’s Regulatory Scrutiny Board has issued a second negative opinion on the tobacco legislative package, blocking the impact assessment that must clear before the Commission can publish its revisions to the Tobacco Products Directive (TPD3) and the Tobacco Advertising Directive. The delay makes publication of the proposals before the end of 2026 unlikely, according to Tobacco Reporter.

The board questioned proportionality, tax analysis and socioeconomic modelling

The RSB raised three specific concerns with the draft assessment: whether the proposed measures were proportionate, whether their tax implications had been analysed, and how their socioeconomic consequences had been assessed. The Directorate-General for Health and Food Safety must now revise and resubmit the assessment.

A Commission spokesperson said the agency was working to advance the proposals but could not give a timeline. That leaves the next step undated: no revised submission date and no new publication target have been stated.

Finance ministers failed to agree a tobacco tax revision two days before the Parliament vote

On Nov. 9, EU finance ministers did not reach the unanimity needed to revise the Tobacco Taxation Directive after Malta withheld its support. The tax file and the TPD3 file therefore stalled in the same week, in different institutions and for different reasons.

Parliament urged faster legislation on e-cigarettes, heated tobacco and nicotine pouches

On Nov. 12, the European Parliament voted to press for an urgent update of tobacco legislation covering e-cigarettes, heated tobacco products and nicotine pouches. The vote puts Parliament’s position in favour of faster action at odds with the procedural hold-up inside the Commission.

The same week, eight member states called for tighter restrictions on emerging nicotine products, while more than 200 industry associations warned against disproportionate regulation. The article does not name the eight member states or the associations, and it does not identify which measures each group targeted.

The delay moves the compliance calendar, not just the publication date

For manufacturers, exporters and distributors working to TPD rules, the practical effect is timing risk rather than a change in the current rules. Because no revised impact assessment date has been announced, supply-chain planning beyond 2026 rests on a proposal text that does not yet exist.

VapeBrief’s analysis: firms preparing product portfolios and label changes should treat any TPD3 timetable as unconfirmed until the Commission publishes a new date. The tax file adds a second unknown, since a revised Tobacco Taxation Directive would alter duty structures rather than product requirements. Neither file has a stated next step in this report.

Who is affected, and what is still unknown

Retailers, importers and manufacturers of e-cigarettes, heated tobacco and nicotine pouches face no rule change from this opinion; the existing directives remain in place. The affected group is companies that had timed product registrations, packaging revisions or shipments around an expected 2026 proposal.

The remaining gap is procedural: the report does not say when the RSB issued its opinion, what changes DG SANTE must make, or whether a third assessment round would follow. Without those details, the length of the delay cannot be calculated from the available facts.

Questions readers ask

Does the RSB opinion change current EU vape rules?

No. The opinion concerns the Commission's impact assessment for proposed revisions to the Tobacco Products Directive and the Tobacco Advertising Directive. The existing directives remain in force until any revision is adopted and takes effect.

When will the revised TPD be published?

Publication before the end of 2026 is unlikely, according to the report. The Commission spokesperson could not provide a timeline, and no resubmission date for the impact assessment has been announced.