Italian MEP Pietro Fiocchi (ECR) has pressed the European Commission on why its 2026 evaluation of the Tobacco Products Directive and the Tobacco Advertising Directive omitted the results of conformity checks on national transposition, potentially breaching the EU's own Better Regulation framework. The written parliamentary question, submitted on 29 April 2026, targets the Commission's failure to include compliance findings in the evaluation published on 2 April 2026, despite Better Regulation Tool 39 requiring that such assessments feed into the evidence base.
Fiocchi's question highlights a 2021 Commission report that acknowledged 'deficiencies and variations in the Directive's transposition' and ongoing bilateral dialogues with Member States. He now demands to know whether the conformity check for Directive 2014/40/EU has been completed for all 27 Member States, and if not, which countries remain unassessed and by when the check will be finalised.
The MEP also asks for the overall findings of the conformity check, including the number and types of non-conformities identified across the six priority areas. Crucially, he questions why these results were not summarised or referenced in the 2026 evaluation, despite Better Regulation requirements that evaluations build on compliance checks and the best available evidence.
Policy direction and expected follow-up
Fiocchi's question signals a push for greater transparency and rigour in the Commission's regulatory oversight. By invoking the Better Regulation framework, he is effectively accusing the Commission of procedural non-compliance, which could have implications for the credibility of future evaluations. The Commission is expected to reply within approximately six weeks; its answer will indicate whether it considers the conformity check complete and whether it plans to publish the missing data. A refusal or vague response could fuel further scrutiny from the European Parliament, particularly from MEPs concerned about the effectiveness of tobacco control legislation.
Stakeholders impacted
Tobacco manufacturers and distributors face potential regulatory uncertainty if compliance gaps remain unaddressed, while public health NGOs may see the missing data as a failure to enforce anti-smoking measures. National authorities in Member States with incomplete transposition could face pressure to align with EU rules, and the Commission itself risks reputational damage if found to have bypassed its own procedural standards.