Extension to novel products such as e-cigarettes and smoke-free rooms

CC – 09/2024

On Tuesday, after long delays, the European Commission published draft Council recommendations on smoke and aerosol-free environments. The Commission proposes to update the 2009 Council Recommendation on smoke-free environments in line with new market developments and trends in novel products.


The aim of updating the Council recommendations is to better protect people throughout the European Union (EU), especially children and young people, from exposure to second-hand smoke and aerosols. At the same time, it is aimed at combating the consumption of both conventional tobacco products and novel products and preventing young people from becoming addicted to nicotine. The update is also intended to make a positive contribution to achieving a "tobacco-free generation" in Europe by 2024, as envisaged in the European Beating Cancer Plan.

Novel products

The new Council Recommendation is to have a broader scope and include novel products such as electronic cigarettes (e-cigarettes) and heated tobacco products (HTPs). The Commission proposal refers to "emerging products that emit smoke or aerosols, for example heated tobacco products, electronic cigarettes, whether containing nicotine or nicotine-free, and tobacco surrogates, and any other smoke and/or aerosol emitting products". Member States should be recommended extending their smoke-free environment policies to these products, which are increasingly reaching young people, in particular.


The World Health Organisation (WHO) has drawn attention to the negative effects of emissions from novel products such as e-cigarettes, which can cause significant respiratory and cardiovascular problems. E-cigarettes are becoming increasingly popular, especially among young people. According to a WHO study, 32 per cent of 15-year-olds have already tried e-cigarettes, 20 per cent of them in the last 30 days. In comparison, 25 per cent of 15-year-olds have smoked conventional cigarettes at least once, 15 per cent of them in the last 30 days.

New areas

The new recommendation is also intended to extend the scope of smoke-free environments to important outdoor areas. These include public playgrounds, amusement parks, swimming pools, bus stops and railway stations, outdoor areas of health and educational facilities as well as public buildings. Member States should also consider whether to include other areas "such as private cars where children, minors or vulnerable people, are present, in complementary actions preventing tobacco and nicotine use and addiction, and contributing to comprehensive smoke- and aerosolfree environments."


It is estimated that around 9 per cent of all cases of cardiovascular disease and over 2 per cent of cardiovascular deaths in Europe are attributable to passive smoking. For non-smokers who inhale second-hand smoke at home or at work, the risk of developing heart disease increases by up to 30 per cent. Passive smoking can also increase the general risk of cancer by up to 16 per cent in people who have never smoked.


In addition to providing financial resources from the EU4Health and Horizon programmes, the Commission also plans to develop a prevention tool kit to support the health protection of children and young people.

The DSV welcomes the proposals

The German Social Insurance (DSV) has expressed its position on the fundamental adaptation of the legal framework for tobacco control. It is calling for the Council recommendations for the extension and tightening up of more smoke-free environments. The Council recommendations that have now been presented are in this spirit and are very welcome.


The draft Council recommendations will now be transferred to the Council working group on public health for discussion. The next Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) meeting will take place on 2 and 3 December 2024.