Spain's Proposed E-cigarette and Nicotine Pouch Restrictions Spark EU Debate

Key points: 

·The proposal includes banning e-cigarette flavors other than tobacco and limiting the nicotine content in pouches to 0.99 milligrams per pouch. 

·EU reaction: Seven countries and the European Commission oppose the law, believing it violates the principle of free movement of goods. 

·Legal background: According to the EU principle of mutual recognition, a product legally sold in one member state should generally be allowed in other member states unless there are legitimate reasons. 

·Expert opinions: Patrik Strömer, Secretary General of the Swedish Snuff Manufacturers Association, criticized the lack of scientific basis for the law, calling it an ideological gesture. 

·Commission warning: Sandra Gallina, Director-General of DG SANTE at the European Commission, warned that some proposed restrictions are poorly designed and may backfire, harming public health. 

·Member states' positions: Countries like Italy and Greece strongly criticized the law, believing it is fundamentally inconsistent with the principle of free movement of goods in the European single market. 

·Spanish stance: Despite opposition, Spain is refusing to amend the law, leading to tension within the EU. 

·Future prospects: The matter now rests with the European Commission, which may demand Spain to modify the text or face the prospect of member states challenging Madrid in court.

According to a report from European Conservative on August 20th, the Spanish Health Ministry led by the far-left party Podemos has caused a stir in Brussels by proposing a draft law. The law would impose extensive restrictions on e-cigarette products and nicotine pouches, which several European Union member states believe violate the basic principle of free movement of goods.

The proposal includes banning e-cigarette flavors other than tobacco and imposing strict limits on nicotine content, setting the maximum nicotine content per pouch at 0.99 milligrams, effectively banning the use of nicotine pouches. Currently, nicotine pouches are in a regulatory grey area not clearly covered by the EU Tobacco Products Directive (TPD), giving member states broad discretion on the matter.

So far, the plan has been deadlocked due to strong opposition from seven countries including Hungary, Italy, Romania, Sweden, Greece, Czech Republic, Croatia, as well as the European Commission. According to the EU's principle of mutual recognition, a product legally sold in one member state should generally be allowed in other member states unless there are genuine reasons. Currently, 18 member states offer e-cigarettes in flavors other than tobacco, while nicotine pouches are sold in 13 member states.

This is a posture on ideology, not a serious public health policy," said Patrik Strömer, Secretary General of the Swedish Snuff Manufacturers Association. He believes that Spain's arguments lack scientific rigor and fail to meet EU proportionality standards. He stated that Spain's arguments rely on alarmist rhetoric and selectively chosen data, rather than the latest risk assessments. "They refer to tobacco as an 'epidemic,' which is a misleading analogy... tobacco use is not a contagious disease. And within the OECD, nicotine consumption is decreasing, not increasing.

Sandra Gallina, Director General of Health and Food Safety at the European Commission, has written to the Spanish Minister of Foreign Affairs warning that some proposed restriction measures are so poorly designed that they may actually have the opposite effect and harm public health. One example is Spain's plan to only ban unsafe e-cigarette ingredients that are already on the existing EU chemical list, which could allow other dangerous substances to slip through unregulated.

Italy has issued one of the strongest condemnations, stating that "the provisions in Spain's legislation are in serious inconsistency with the fundamental principle of free movement of goods in the European single market. This measure will introduce trade barriers within the internal market, which will have a negative impact on the key coordination goals set by European law.

Greece also echoed the criticism and urged for revisions, stating: "We demand that Spain modify the above provisions to ensure they not only align with the goals of public health protection, but also with the basic principles of free movement of goods and fair competition.

In Brussels, Spain is sticking to its guns and refusing to modify the law, despite these concerns, which has surprised many. Typically, member states adjust draft measures after receiving feedback from EU partners and the Commission. Stakeholders from countries like Romania are surprised by Madrid's inflexibility.

Currently, this matter has been handed over to the committee, which can request Spain to modify the text or face the prospect of member states challenging Madrid in court. With tensions escalating, this dispute highlights the delicate balance between national health policies and the core EU principle of market freedoms, potentially leading to a legal showdown for Spain in Luxembourg.