Brussels to Decide on Spain’s Proposed Tobacco Regulations on April 28
The European Commission is set to rule on the draft Royal Decree regulating certain aspects of tobacco products and their derivatives in Spain on April 28, 2025. The proposed legislation, spearheaded by the Spanish Ministry of Health, seeks to restrict the presence of flavors in electronic cigarettes and limit the nicotine concentration in nicotine pouches to 0.99 milligrams.
The draft was sent to the European Commission’s TRIS notification system on January 24, 2025, for a three-month examination period to evaluate its compatibility with EU law. If the Commission and Member States raise no objections by April 28, the Ministry of Health will be able to initiate the procedures for approving the Royal Decree. However, if any State submits observations, the process will be delayed for another three months, potentially pushing the measure’s advancement to the second half of the year.
Industry Criticisms and Concerns
The tobacco industry has expressed concerns over the Ministry of Health’s approach to regulating tobacco consumption without involving Parliament. They argue that the use of a Royal Decree allows the ministry to avoid a necessary debate between political forces and the sector. The industry hopes that countries like Italy, Greece, and Sweden, which have strongly supported alternatives to tobacco in recent years, will present allegations to the Spanish text to encourage greater alignment with European public health strategies.
The sector also denounces that the current law regulating the tobacco market in Spain, Law 28/2005, does not cover nicotine pouches or electronic cigarette flavors. They assert that these aspects should be regulated by law and not by a royal decree, claiming that the minister is bypassing Parliament to regulate aspects not contemplated in the law.
According to industry sources, the prohibition of flavors will lead many consumers to obtain them on the illegal market or return to traditional tobacco, thus eliminating harm reduction options for smoking. A Sigma Dos report from August 2023 reveals that the majority of vaper users prefer flavored e-liquids, with fruit flavors (62.6%) and sweet flavors (23.3%) being the most popular.
Economic Impact and Job Losses
The tobacco industry warns that the proposed regulations will lead to a significant loss of investment in Spain, as companies will abandon research on new forms of consumption and revert to promoting conventional cigarettes. They argue that if the ban on flavors is implemented, the added value generated by vaping and adjacent activities will be reduced by more than 83% (263 million euros), reaching a meager figure of 54 million euros.
Furthermore, an International Financial Analysts (AFI) report estimates that the number of full-time employed persons in the sector will be reduced from the current 4,630 to a total of 810, resulting in a loss of 3,820 full-time equivalent jobs in the short term (82% of current jobs) and potentially exceeding 8,000 jobs by the end of the decade.
As the April 28 deadline approaches, the tobacco industry eagerly awaits the European Commission’s decision on the proposed regulations, which could have far-reaching consequences for the sector and the Spanish economy as a whole.
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