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Will A New Tobacco Tax Finally Reach Vapes And Nicotine Pouches?

Brussels: Nearly a year after the Commission tabled it, the overhaul of the bloc’s tobacco taxation rules is still stuck in the place where unanimity files go to wait. The proposal, presented in July 2025, would drag a directive written for an age of cigarettes into the era of e-liquids, heated tobacco and nicotine pouches, setting harmonised definitions and, for the first time, EU-wide minimum duties on products that today escape the framework entirely. The political problem is not the diagnosis but the dosage.

The case for acting is straightforward enough. Vapes, heated sticks and pouches have surged across European markets while sitting largely outside a tax regime designed decades ago, leaving a patchwork in which the same product is cheap in one member state and dear in another. That gap fuels cross-border shopping, complicates enforcement and, public-health advocates argue, keeps novel nicotine products artificially affordable for the young. Harmonised minimum rates, on this view, are less about revenue than about closing loopholes a single market should never have left open.

The opposition is just as coherent, which is why the file refuses to move. A bloc of capitals, with Italy, Greece, Romania and Luxembourg among the more vocal, warns that abrupt excise jumps would hand the illicit market a gift, eroding the very revenues the reform is meant to protect and overwhelming customs officers already stretched thin. They want gentler minimums and longer phase-ins. Ranged against them, a larger group of states insists that watering the rates down would gut the directive’s health rationale, leaving the price differentials and bargain nicotine that the exercise set out to end. A softened compromise floated earlier in the year only exposed how far apart the two camps remain.

Tax files in the EU live or die by a brutal rule: they require unanimity, so any one government can stop the whole thing. That single veto explains why a proposal with broad nominal support, thirteen countries have signed a letter backing it, can still go nowhere. The Commissioner steering the reform has spoken of finding a compromise that harmonises rules while preserving national flexibility, which is the diplomatic way of admitting that the numbers do not yet add up in the room that counts.

What hangs in the balance is more than tax tables. A directive that finally captures vapes and pouches would reshape the economics of an industry that has spent a decade thriving in the regulatory gap between tobacco and everything else. A directive that collapses, or that emerges so diluted it changes nothing, would confirm that the bloc’s tax architecture cannot keep pace with the products consumers actually buy. The next Council discussions will show which outcome is closer, but the smarter bet, as with so many unanimity files, is that the can gets kicked once more before anyone agrees where it should land.