2023-10-24 11:10:42
Intensified pressure
According to the Cancer Foundation, 24% of the population of our country smokes, including 19% daily (at a rate of approximately 14 cigarettes per day – 2022 figures). Everyone knows that smoking is bad for your health. Here too, the figures are clear. In our country, smoking is the leading preventable cause of cancer. Every day, nearly 40 Belgians (14,000 people per year) die from smoking. Not to mention the 300,000 Belgians who suffer from tobacco-related illnesses.
To reduce smoking and achieve a tobacco-free generation, as provided for in the government agreement, the federal government approved in December 2022 a first series of measures as part of a National Tobacco Plan. This strategy was developed in collaboration with the federated entities. But that’s not all. In recent months, Minister Vandenbroucke has stepped up the pressure and developed several additional measures to strengthen the fight against smoking. Last month, some of these measures were transposed into legislation and were approved by the federal council of ministers.
Here are the 10 new measures adopted
1. Ban on displaying tobacco products
A ban on display (display ban) will apply from January 1, 2025. From this date, it will be illegal for anyone to display cigarettes, vapes, etc. visibly in the store. Products should be placed in a separate room or stored in a drawer or cabinet so as not to be exposed.
2. Ban on the sale of tobacco products
Temporary sales outlets – such as festivals – will no longer be allowed to sell tobacco products from 2025. The ban on the sale of tobacco products in supermarkets larger than 400 m² will be brought forward. This ban will come into force on 07/01/2025 (instead of 01/01/2028).
Horeca establishments will be able to continue to sell tobacco. Smoking areas will also remain authorized, but access to them will be prohibited for minors. Horeca establishments will be subject to strict monitoring (for more information, see below) and if violations are noted, the establishment may be temporarily closed.
3. More places where smoking is prohibited, especially where children and young people go
From January 1, 2025, a smoking ban will be enforced in many places across the country, especially where many children and young people go. In 2022, we have decided to ban cigarettes from amusement parks, animal parks, children’s farms (during activities) and playgrounds, among others. We continue to expand the list of public places where smoking is prohibited. Therefore, it is also prohibited to smoke on and next to sports fields, with the exception of hospitality terraces located near a sports field. A smoking area hidden from view can however be set up in these places.
We often see people smoking when entering and leaving health care facilities and schools. We therefore also want to avoid this “smoke curtain” in the future (which fortunately already applies in several places). From January 1, 2025, smoking will be prohibited within a radius of 10 meters at the entrance and exit of healthcare, reception and educational establishments, as well as public libraries. The obligation to indicate this non-smoking area will also be introduced2.
4. Extension of the ban on smoking in means of transport
Smoking was already prohibited on public transport (train, tram, bus, etc.), but we are now extending this ban to professional passenger transport: taxis, buses, etc. This ban will come into effect immediately upon publication of the law (spring 2024)
5. Increase in taxes on tobacco
The prices of cigarettes, hand-rolling tobacco and electronic cigarettes will increase sharply on January 1st. The impact of a series of decisions that were taken at the time of the formation of the government and during the preparation of the 2024 budget results in an increase in total nominal excise duties of 52 euros per 1000 cigarettes and 42.6 euros per kilo of smoking tobacco. For a pack of cigarettes, the price would therefore increase by around 2 euros (+- 25%, depending on the price set by the manufacturer, obviously). For electronic cigarettes, an excise of 0.15 euros per ml is introduced. According to Kom op tegen Kanker, an increase in the price of tobacco is the most effective measure to reduce the number of smokers and prevent young people from smoking. The WHO also places this measure among its 6 best anti-tobacco actions.
6. Tighter controls, with the possibility of closure
In 2024, we will organize a vast campaign to control the sale and of tobacco. The DGAPF inspection services within the FPS SPSCAE, responsible for monitoring legislation on tobacco and smoking, will have additional powers from next year in the context of protecting public health. Thus, if they observe violations, they may proceed with a possible closure of the controlled establishment (this could last from one hour to 30 days). The same extension of possibilities for action is also envisaged for the customs and excise administration.
In the near future, we also want to strengthen the use of mystery shopping as a control mechanism, by hiring students to monitor whether stores are following the rules. Here too, we will be able to close. Possibilities to this end are being prepared.
Finally, from January 1, 2025, the law will require the buyer to request proof of their age if they appear to be under 25 years old. The age limit for the sale of tobacco remains set at 18 years. If we want a tobacco-free generation, it is crucial to ensure strict enforcement of the ban on sales to minors.
7. Stricter e-cigarette policy
The AR concerning electronic cigarettes already prohibits the attractive features of the object, such as lights. Likewise, the aroma of the electronic cigarette can only appear on the packaging in a neutral manner. This AR has been in force since July 2023, but a transitional phase remains in application for retailers until January 11, 2024.
We also want to ban disposable electronic cigarettes from 2025. From 2021, we have submitted regulations to the European Commission banning disposable electronic cigarettes. The file was recently supplemented with additional arguments (thanks in particular to our checks carried out this summer), and we are now awaiting a response from the commission in spring 2024.
8. Ban on nicotine pouches
Nicotine pouches – like e-cigarettes/vapes – can be a stepping stone to smoking at an early age. Since October 1, 2023, the sale of nicotine sachets has been prohibited in our country. We do this because protecting the health of children and young people is an absolute priority.
9. Nicotine replacement therapy
Reimbursement for nicotine replacement therapy could provide smokers with the help they need to quit smoking. The literature shows that these NRTs (nicotine replacement therapies) can help with long-term smoking cessation. A file on nicotine substitutes is currently being examined by the Medicines Reimbursement Commission. A decision will be made in spring 2024.
10. Extension of regulation to all tobacco and similar products
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