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July 11, 2025

Marlena Maląg Asks the European Commission to Revise the Tobacco Products Directive

Marlena Maląg Asks the European Commission to Revise the Tobacco Products Directive

PiS MEP Marlena Maląg submitted a question to the European Commission regarding the revision of the Tobacco Products Directive and its impact on the growth of the so-called gray market.

 

“Directive 2011/64/EU sets minimum tax rates for tobacco products in the European Union, while allowing member states the freedom to set higher rates depending on their national circumstances. The Law and Justice government, from 2015 to 2023, exercised this discretion by pursuing a moderate policy of excise tax increases, which resulted in a reduction of the black market and an increase in budget revenues.

In 2024, Donald Tusk’s new coalition government decided to implement significant increases, which, according to market analyses, is already leading to a resurgence of the black market. Similar trends are being observed in the Netherlands, where the consumption of cigarettes on which excise tax has not been paid is on the rise, the parliamentary question states.

 

In light of the above, Marlena Maląg asks whether the European Commission has analyzed the risk of an increase in the gray market as a result of a possible revision of Directive 2011/64/EU and an increase in minimum rates. The PiS MEP also wants to know whether the Commission has data on the impact of excise tax increases on the level of illicit trade in tobacco products in Member States, as well as whether it takes into account the varying purchasing power and geographical location of Member States when drafting new legislative proposals on tobacco taxation.

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