(1)

According to the World Health Organization (WHO), exposure to second-hand tobacco smoke is a widespread source of mortality, morbidity and disability in the Union. Such exposure is associated with tobacco consumption, which remains the leading cause of preventable cancers, 27 % of all cancers being attributed to the use of tobacco.

(2)

The use of tobacco remains widespread, globally and throughout the Union. In 2023, 24 % of the European Union population were estimated to be smokers (1).

(3)

The global annual economic cost of smoking was estimated at USD 1,4 trillion in 2012, equivalent to 1,8 % of the global gross domestic product (GDP). In 2009, tobacco smoking already cost the EU EUR 544 billion, which is about 4,6 % of the EU27’s combined GDP (2).

(4)

It is appropriate to contribute to reducing smoking rates in the Union, in line with the objective of Europe’s Beating Cancer Plan (3) to achieve a tobacco-free generation where less than 5 % of the Union population uses tobacco products by 2040.

(5)

The WHO Framework Convention on Tobacco Control (FCTC) was developed with the aim of fostering an effective and comprehensive international response to the spread of the global tobacco epidemic. Article 8 of the FCTC requires its parties to provide effective protection from second-hand tobacco smoke in workplaces, public transport and indoor places; the Guidelines annexed to the FCTC aim to assist parties in meeting their obligations under that Article.

(6)

The European Strategy for Tobacco Control adopted by the WHO Regional Committee for Europe in September 2002 recommended that WHO Member States ensure citizens’ right to a smoke-free environment by, inter alia, making public places, workplaces and public transport smoke-free, banning smoking outdoors in all educational institutions for minors, in all places of healthcare delivery and at public events, as well as classifying environmental tobacco smoke (ETS) as a carcinogen (4).

(7)

Second-hand emissions from emerging products can have potentially harmful health impacts. The WHO highlights that second-hand emissions from emerging products can expose people to potentially harmful levels of particulate matter and key toxicants.

(8)

The WHO (5), (6), (7) has highlighted, among other issues related to emerging products, the negative health effects of exposure to second-hand aerosols. For example, recent evidence has indicated that exposure to second-hand emissions from heated tobacco products were associated with significant respiratory and cardiovascular abnormalities in bystanders (8), (9), (10), (11), (12), (13). In addition, second-hand aerosols from electronic cigarettes, including both ones that do and do not contain nicotine, expose bystanders to quantifiable levels of particulate matter and key toxicants and contaminants (14), (15), (16), (17), (18), (19), (20).

(9)

The WHO considers that no level of side-stream exposure is safe or acceptable (4), so a careful approach should be taken. The WHO recommends applying tobacco control measures, including protection from exposure, to electronic cigarettes (21), (4), (5).

(10)

In its 2021 opinion on electronic cigarettes (22), the Scientific Committee on Health, Environment and Emerging Risks (SCHEER) concluded that there is weak to moderate evidence of risks of respiratory, cardiovascular and carcinogenic damage due to second-hand exposure to aerosols from electronic cigarettes.

(11)

Smoke- and aerosol-free environments are a globally recognised and proven approach to adequately protect the health of people from the effects of second-hand tobacco smoke and aerosols.

(12)

In recent years, emerging products such as electronic cigarettes and heated tobacco products have consolidated their market shares, and their uptake is increasing. Based on Eurobarometer data, the prevalence of electronic cigarettes use across the Union is 3 % and the prevalence of heated tobacco products use is 2 %.

(13)

An issue of specific concern in relation to the market development of emerging products, such as electronic cigarettes and heated tobacco products, is their particular uptake and appeal among children and young people.

(14)

Exposure to second-hand smoke and aerosols could be particularly dangerous to children and adolescents and could increase the likelihood of them taking up smoking habits (4), (5), (6).

(15)

In 2023, it was estimated that 54 % of current and past smokers had started regularly smoking before the age of 19, and 14 % before the age of 15, during childhood (1).

(16)

The use of emerging products which contain nicotine, in particular by young people, is associated with addiction and might become a starting point for the later use of traditional tobacco products (4).

(17)

It is important not only to take into consideration recent market and technological developments related to emerging products but also to better coordinate and future-proof national smoke- and aerosol-free regulatory frameworks.

(18)

At present, there is significant second-hand exposure to smoke and aerosols in places such as the outdoor spaces of hospitality venues and outdoor spaces intended for use by children and adolescents. In the 2023 Eurobarometer survey, 74 % of respondents said that they had experienced people smoking in outdoor terraces in the past six months, and 71 % of respondents said they had experienced people using electronic cigarettes and heated tobacco products in such places. 42 % of respondents said that they had experienced people smoking in outdoor places intended for use by children and adolescents, and 49 % of respondents said that they had experienced people using electronic cigarettes and heated tobacco products in such places (1).

(19)

Several Member States have taken protective measures, including banning smoking in indoor and outdoor places or banning the use of emerging products in public places (23), (24).

(20)

It is therefore appropriate to extend the scope of the Recommendation to include specific outdoor spaces in order to better protect people in the Union, in particular children, young people and vulnerable people, for instance citizens with chronic diseases or other pre-existing conditions and pregnant women, from exposure to second-hand smoke and aerosols from emerging products such as heated tobacco products; electronic cigarettes, whether containing nicotine or nicotine-free; tobacco surrogates; and any other smoke and/or aerosol emitting products such as herbal products for smoking or heated herbal products.

(21)

In support of the revision of the Recommendation, a call for evidence was launched from June to July 2022 and representatives of Member States’ competent authorities, civil society organisations, relevant economic operators and other relevant stakeholders were consulted through targeted consultation activities from March-May 2023.

(22)

The Council takes note that the Commission intends to support Member States in the effective implementation of the Recommendation through existing Union programmes and collaboration tools.

(23)

In particular, the Council takes note that the Commission envisages helping to strengthen research in this field. These research efforts should encompass emerging products (such as electronic cigarettes, whether containing nicotine or nicotine-free, and heated tobacco products); tobacco surrogates that emit smoke or aerosols and any other smoke and/or aerosol emitting product; and nicotine-releasing products and products resembling the use of nicotine-releasing products. International cooperation, including on research, on the topics covered by this Recommendation, is also envisaged to be strengthened.

(24)

The Council also takes note that the Commission intends to develop a prevention toolkit supporting better protection of the health of children and young people in the most vulnerable and formative years of their lives, including a focus on the prevention of smoking and nicotine addiction, and addressing the interlinks between mental and physical health and key health determinants.

(25)

The Council also takes note that the Commission intends to report on the progress made in implementing this Recommendation, on the basis of the information provided by Member States, within five years of its adoption.

(26)

The ‘Guidelines on protection from exposure to tobacco smoke, as adopted by the Second Conference of the Parties to the WHO Framework Convention on Tobacco Control’ should be taken into account. Member States should be encouraged to expand on and go beyond the measures contained in those Guidelines.

(27)

This Recommendation covers a broader scope than Recommendation 2009/C 296/02 and replaces it with the objective of better protecting people in the Union from second-hand smoke and aerosols, positively contributing to the tobacco-related objectives of Europe’s Beating Cancer Plan and contributing to the reduction of prevalence and de-normalisation of smoking and use of emerging products.

(28)

De-normalising smoking and reducing smoking prevalence and the use of emerging products demands a comprehensive set of actions at Union level. Therefore it is important that this Recommendation is coupled with intense work on the evaluation and revision of EU tobacco legislation, notably addressing concerns about young people’s access to novel tobacco and nicotine products.