Position on the proposal for a recommendation on smoke and aerosol-free environment 2009/C 296/02

Summary of the proposal

This proposal recommends extending the current restrictions on smoking to include aerosols from electronic cigarettes and heated tobacco products. It also proposes expanding the ban on smoking, the use of tobacco products and electronic cigarettes in public spaces to other areas, such as restaurant terraces, outdoor spaces of public buildings and shopping centres, and playgrounds.

IRAP's position on the proposal

We do not recommend adopting measures that would restrict alternative products to combustible tobacco in this manner, as it contradicts the long-term Czech policy based on scientifically validated harm reduction principles. This policy is anchored in the policy statement of the Government of the Czech Republic, which states: "Addictive substances will be regulated based on their degree of risk." This principle is further expressed in the National Strategy to Prevent and Reduce the Harm Associated with Addictive Behaviour 2019-2027 and the Addiction Policy Action Plan for 2023-2025. Both documents have been approved by the Government of the Czech Republic.

Justification

Including new products, such as electronic cigarettes and heated tobacco products, in the same category as traditional cigarettes ignores significant differences in their risks. It is essential to consider the substantial differences between cigarette smoke and the aerosol from electronic cigarettes or heated tobacco, as well as their impact on the surrounding environment. During the drafting of the Czech Act No. 65/2017 Sb., on the protection of health from the harmful effects of addictive substances, detailed scientific discussions were held on distinguishing the ban on traditional cigarette and alternatives to cigarettes in restaurant premises. This discussion was grounded in the motivation to encourage smokers to switch to less risky alternatives, ideally using these substitutes as a step toward complete abstinence. Based on these expert discussions, the legislators decided to differentiate these categories and left it up to restaurant managers to determine whether to allow such use in their establishements. Nevertheless, most operators in the Czech Republic continue not to permit the use of these alternatives.

For the same motivational reasons, we recommend enabling the use of alternative products over traditional cigarettes and other tobacco products designed for combustion in other outdoor spaces as well.

Despite extensive restrictive measures implemented over the past two decades, the average smoking prevalence in the EU remains at 24%, far exceeding the goal of a smoke-free environment—5% smokers by 2040. In recent years, the Czech Republic has introduced a series of rational and comprehensive policies in the field of addictive substances. The June Eurobarometer of the European Commission shows that the Czech Republic recorded a 7% decrease in the total number of smokers—from 30% in 2020 to 23% in 2024. This progress is related to a significant increase in the use of new alternative products, such as vaporizers, electronic cigarettes and nicotine pouches. In this context, the only EU country that has achieved the set 5% smoking prevalence target is the Kingdom of Sweden. The reason lies in the transition of most Swedish smokers to alternatives, particularly oral tobacco (so-called snus), which is paradoxically banned in the rest of the EU under the European Tobacco Directive.

Eurobarometer data confirm that the average daily consumption of cigarettes generally decreases in countries with a favourable environment for alternative products. Sweden, which has long been among the most successful countries in reducing smoking rates, is likely to become the first country to surpass the goal of the European Cancer Plan and achieve a smoke-free generation. Sweden stands out among European countries, not only for its success in reducing smoking, but also for its atypical regulatory policy, which is based on harm reduction in the field of tobacco.

The Czech Parliament has adopted a harm reduction policy, exemplified by the recent enactment of a new law on so-called psychomodulatory substances, fundamentally changing how some less risky psychoactive substances are regulated and handled. Moreover, the Czech Republic was one of the first EU member countries to introduce specific regulations for nicotine pouches—a step later followed by Slovakia and expected to further reduce smoking in the general population.

Position on EU institutions

The previous European Parliament began to embrace the logic of a pragmatic approach to policy as opposed to an ideological "end game" approach based on total abstinence. This is evidenced by its work on reporting on cancer and non-communicable diseases. Notably, its 2023 own-initiative report states that "improved health promotion and disease prevention can reduce the prevalence of non-communicable diseases by as much as 70%." It further acknowledges that "harm reduction policies are key to ensuring the prevention, elimination or reduction of risk factors." The parliamentary stance is supported by a growing body of evidence showing that a comprehensive approach to addressing disease risk factors leads to a reduced burden on national healthcare systems.

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It is therefore appropriate for the Czech Republic to take an active stance and recommend that EU institutions further promote the good practices of member states and respect the evidence and individual successes that should be translated from ideological considerations into practical harm reduction measures.

Subsidiarity

The proposed recommendation violates the principle of subsidiarity, as it interferes in an area that should be addressed at member state level. The EU should act only if the objectives cannot be effectively achieved at a lower level. In this specific case, the proposal centralises the decision-making authority, although individual states would be better equipped to address the issue and adapt it to local specifics and needs.

It is evident that in member states where there has been a significant increase in the use of alternatives to combustible tobacco, there has been a decline in lung cancer cases, cardiovascular diseases, and premature deaths (e.g. Sweden—over a 70% decrease) within remarkably short timeframes. EU institutions should therefore focus on these areas, where a significant percentage of premature deaths occur (an estimated 15,000 annually in the Czech Republic) by considering studies on best practices in harm reduction and fostering discussions aimed at scientifically validated solutions.

On behalf of the Institute for Rational Addiction Policies,

Jindřich Vobořil,

Chairman of the Board