The European Commission's Regulatory Scrutiny Board (RSB) issued a negative opinion on April 23, 2026, on the draft evaluation of the Tobacco Products Directive (TPD) and the Tobacco Advertising Directive (TAD), along with related EU tobacco control policies. The RSB found the evaluation too limited in scope, lacking analysis of coherence with tax measures such as the Tobacco Taxation Directive, and insufficient evidence to support conclusions on effectiveness and attribution. The lead service must revise the report before interservice consultation.
RSB identifies serious shortcomings
The RSB, an independent body that reviews the quality of Commission impact assessments and evaluations, concluded that the draft evaluation fails to adequately assess the interplay between EU directives and Member States' specific measures. It also noted that lessons on monitoring and evaluation are missing. The Board recommended broadening the scope to include taxation, better distinguishing the effects of the directives from other factors like price and consumer preferences, analyzing individual measures and enforcement, and ensuring conclusions are evidence-based.
Impact on stakeholders
The negative opinion affects tobacco manufacturers, advertisers, Member States, and public health stakeholders. For tobacco manufacturers and advertisers, a broader evaluation could lead to stricter regulations or new compliance costs. Member States may face pressure to align national measures more closely with EU framework, potentially limiting their flexibility. Public health groups may see the RSB's call for stronger evidence as an opportunity to advocate for more effective tobacco control, but also risk delays in policy updates.
Next steps
The lead service must revise the evaluation report immediately, with resubmission possible. The timeline for revision is immediate, and the revised report will need to address the RSB's concerns before proceeding to interservice consultation and eventual adoption by the Commission. The European Parliament and Council will later scrutinize the final evaluation, which could influence future legislative proposals on tobacco control.
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