2nd Action Plan to fight the illicit tobacco trade 2018-2022

Introduction

The illicit tobacco trade has been a major concern for the EU and Member States for some time, and this on account of fiscal, health and security concerns. To tackle this phenomenon the EU had five years ago adopted a comprehensive strategy. In parallel, the Commission had put forward a first Action Plan which was implemented in close cooperation with Member States.

In May 2017 the Commission reported on progress in implementing the Strategy and the Action Plan. In essence, the report noted that despite the many measures taken since 2013, the challenge posed by the illicit tobacco trade remained as preoccupying today as it had been in the past. The EU and its Member States have no choice but to continue to address the threat from illicit tobacco and its changing patterns with determination. In this sense, with its combination of strong legislative responses, robust law enforcement and enhanced cooperation at national, European and international levels, the 2013 Strategy remained relevant. The Commission concluded that based on the analysis presented and further dialogue with stakeholders, it would complete its review of the present Strategy and decide on the appropriate follow-up in 2018.

The Report was supported by Council Conclusions adopted on 7 December 2017, which also identified Member States' priority areas of further work in this area. In parallel, the Commission continued technical discussions with Member States in the competent Expert and Council working groups. Stakeholders were moreover consulted on 23 March 2018 during a public conference "Fighting illicit tobacco trade – The Stakeholder Perspective" jointly organised with the European Economic and Social Committee. That event was attended by stakeholder participants representing a broad spectrum of governmental, societal, business and academic perspectives.

The European Parliament has on several occasions underlined the grave concerns raised by the illicit tobacco trade, and the phenomenon of illicit whites in particular, most recently in the European Parliament Resolution of 3 May 2018 on the Annual Report 2016 on the protection of the EU’s financial interests – Fight against fraud. That report largely confirms the earlier Resolution of the European Parliament of March 2016 which called in particular for an action plan to fight the illicit trade with such products.

The consultations have shown that fighting the illicit tobacco remains a shared concern for many stakeholders, and the issues identified in the Commission's 2017 report were on the whole deemed relevant.

The 2nd Action Plan to fight the illicit tobacco trade 2018-2022

In light of the various contributions made, and in view of the persistent nature of the problem posed by the illicit tobacco trade, the Commission has decided to put forward a new Action Plan. It builds on the analysis of the 2013 Strategy and ensures continuity by keeping focus on the Framework Convention on Tobacco Control (FCTC) Protocol at the global level as well as on the successful implementation of the new EU traceability system for tobacco products in the EU. These two items are set to remain the key elements of the EU's policy action in this area in the long term. Moreover, like its predecessor, the present Action Plan puts forward both policy and operational law enforcement measures since only a combination of these is liable to lead to a sustainable reduction in illicit tobacco trade.