Sweden has lodged a formal protest against Poland’s planned regulations on nicotine pouches. The Polish government wants white snus to be permitted only with an artificial tobacco flavour, and in a statement to the European Commission, the government describes the proposal as a de facto ban on large parts of the market. According to the government, the regulations contravene the EU’s principle of free movement and also risk undermining public health.
The Swedish Government has decided to submit a so-called detailed opinion to the European Commission and the Polish Government regarding Poland’s planned legislation on tobacco-free nicotine products.
Such a statement is used when a Member State considers that a draft law risks infringing EU rules on the single market. The Government has therefore instructed the National Board of Trade to formally submit Sweden’s objections in accordance with the so-called TRIS procedure.
Among other things, the proposal means that new nicotine products not covered by existing legislation will be banned. At the same time, nicotine pouches (white snus) may only be sold with a tobacco flavour in Poland.
According to the Government, the combination of these rules means that, in practice, the proposal risks becoming a de facto ban on large parts of the current market.
”In view of the way the ban is formulated and the proposed exemptions, the Swedish Government considers that, in practice, the regulation could lead to a de facto ban on the sale of new nicotine products,” writes the Swedish Government.
”Far-reaching restriction”
The Government has levelled particular criticism at the ban on flavourings.
As most tobacco-free nicotine products do not have a tobacco flavour, the regulations would have far-reaching consequences for which products can actually be sold.
”A nicotine pouch must not contain any ingredients that impart any aroma or flavour other than that of tobacco. This constitutes a far-reaching restriction, as it is unusual for tobacco-free nicotine products to have a tobacco flavour.”
Linked to Sweden’s low smoking rates
At present, 26 per cent of the Polish population smokes, which is significantly higher than in Sweden (where the figure is below 5 per cent). And according to the government’s findings, cigarette smoking poses significantly greater health risks than tobacco-free nicotine products, and it highlights Sweden’s low smoking rates and low lung cancer mortality compared with the EU average.
The Government states that if tobacco-free nicotine products replace cigarettes, this is a positive development from a public health perspective.
”To the extent that tobacco-free nicotine products replace cigarette consumption, the Swedish Government regards this as a positive development from a public health perspective.”
The Government therefore considers that the Polish rules risk having the opposite effect to that intended.
”The kind of restrictions proposed in the bill may therefore risk having adverse consequences for public health.”
Requires proportionality
The Government also questions whether Poland has demonstrated that an almost total ban on flavourings is really necessary.
Poland justifies the proposal on the grounds that young people aged between 13 and 20 prefer flavours other than tobacco. However, according to the Swedish Government, Poland has not demonstrated why less restrictive measures – such as stricter age checks – could not achieve the same result.
”Poland has not explained why less restrictive measures that are less of a barrier to trade, such as stricter age verification checks, would not be sufficient.”
Several similar conflicts
This is not the first time Sweden has used the TRIS procedure to object to national regulations on nicotine products. Previously, the government has, amongst other things, raised objections to Spain’s and Austria’s plans for severely restricted nicotine pouches.
The Swedish government also criticised France, which, unlike other countries, has chosen to press ahead with a total ban on white snus. The European Commission recently decided not to intervene there, despite the Swedish criticism.
Poland, too, has previously tightened the regulations on e-cigarettes and nicotine pouches. In the spring, the government also presented proposals to ban single-use vejpar and restrict nicotine pouches to tobacco flavours only – a proposal that Vejpkollen has previously reported on.
Fact: Sweden’s objections to Poland’s ban policy
- The Government considers that Poland’s draft legislation effectively amounts to a de facto ban against large parts of the market for nicotine pouches.
- The restriction on flavouring to artificial tobacco flavouring alone is considered to be disproportionate.
- According to the Government, the proposal risks contravening EU rules on the free movement of goods.
- Sweden also believes that the rules may lead to adverse effects on public health if fewer smokers opt for smoke-free nicotine products.
- The Government is calling for a proportionality assessment and argues that Poland has not demonstrated why less intrusive measures, such as more effective age checks, would not suffice.
