On Tuesday 17 September the European Commission published the Council’s updated recommendation on smoke-free environments. The update comes after a Call for Evidence Consultation, which was open to the public, and a Targeted Stakeholder Consultation which was invite only. ETHRA participated in both consultations which you can read here.
In our submissions we pointed out that the purpose of the Recommendation on Smoke-Free Environments is to protect people in the EU from exposure to second-hand smoke, as well as to encourage current smokers to quit. Since second-hand vape aerosol is of negligible risk to bystanders, as pointed out by the Royal College of Physicians and Public Health England, there is no scientific or public health basis to extend the recommendation to include vape aerosol.
Unfortunately, the Commission disregarded the views of consumers and also the most up to date scientific evidence on the subject. The new initiative recommends including vape aerosol in smoke-free environment legislation and also extending the rule to include key outdoor areas.
These areas include outdoor recreational areas where children are likely to congregate such as public playgrounds, amusement parks and swimming pools; outdoor areas connected to healthcare and education premises; public buildings; service establishments; and transport stops and stations.
As an association representing 27 million European consumers of safer nicotine products we are deeply disappointed in the Council’s decision but not entirely surprised. The recommendation is not being driven by science or what is best for public health. In fact, by conflating second-hand aerosol with second-hand smoke it will harm public health by increasing misperceptions of the relative risk of vaping compared to smoking and will likely increase smoking.
We are not alone in expressing our concern about the updated recommendation. Peter Liese, German MEP and Health Policy Spokesperson for the European People's Party (the largest political grouping in the EU) wrote in a statement:
“For heavy smokers who otherwise cannot quit, e-cigarettes are an important tool to reduce harm and risks. E-cigarettes do contain nicotine, which is addictive, but they do not contain all the other substances in cigarette smoke that cause damages such as cancer and stroke. And even though not all risks are known yet, even experts from the World Health Organization say that there is no theoretical scenario where e-cigarettes are as harmful. Therefore, I do not think it is effective to equate them with tobacco smoke in the proposal for the Council recommendation. I hope the member states will correct this point”
It’s important to keep in mind that this is a recommendation and not part of a Directive. Which means it is not compulsory but rather up to national governments to incorporate the recommendations into their smoke-free environment or tobacco control policies. Let’s hope that member states use some common sense and leave decisions on vape policy to those best able to take them: the owners and operators of properties to which the vaping policy applies, not European institutions.
Updated Council Recommendation:
https://health.ec.europa.eu/document/download/5e633404-2dbc-42dd-96ec-9efe8a499edf_en?filename=com_2024_55_act_en.pdf
EU Updated Council Recommendation press release: https://ec.europa.eu/commission/presscorner/detail/en/IP_24_4682
ETHRA submission to targeted consultation - Survey for Smoke-Free Environments:
https://ethra.co/submissions/129-ethra-submission-to-targeted-consultation-survey-for-smoke-free-environments
Peter Liese MEP statement:
https://peter-liese.de/en/32-english/press-releases-en/4239-the-commission-presents-a-draft-for-council-recommendations-on-smoke-free-environments