Additional tobacco regulation beyond EU requirements: EBA addresses the Government

03/ 03/ 2026

The European Business Association has approached the Government with a request to remove the provision on banning the visible display of tobacco products at retail outlets from the draft National Programme for the Approximation of Ukrainian Legislation to EU Law. The relevant letter was addressed to Taras Kachka, Deputy Prime Minister for European and Euro-Atlantic Integration of Ukraine. The issue concerns paragraph 50 of Chapter 28 “Consumer Protection and Public Health”, which provides for the entry into force, by December 2027, of a law introducing a ban on the visible display of tobacco products and related items at points of sale. The Association emphasises, firstly, that such a provision is not envisaged by European Union legislation. In particular, the advertising and sponsorship of tobacco products are regulated by Directive 2003/33/EU, while requirements concerning the manufacture, presentation and sale of tobacco products are governed by Directive 2014/40/EU. However, neither of these instruments contains provisions mandating a ban on the visible display of products at retail outlets. Secondly, according to the assessment of the Association’s member companies, the current Ukrainian legislation regulating the production, import and circulation of tobacco products generally complies with Ukraine’s obligations under the EU–Ukraine Association Agreement, particularly with regard to the implementation of Directive 2014/40/EU. Therefore, the business community considers that the introduction of additional regulation not required under EU law is unjustified and may have a negative impact on the economy and state budget revenues.

The issue concerns paragraph 50 of Chapter 28 “Consumer Protection and Public Health”, which provides for the entry into force, by December 2027, of a law introducing a ban on the visible display of tobacco products and related items at points of sale.

The Association emphasises, firstly, that such a provision is not envisaged by European Union legislation. In particular, the advertising and sponsorship of tobacco products are regulated by Directive 2003/33/EU, while requirements concerning the manufacture, presentation and sale of tobacco products are governed by Directive 2014/40/EU. However, neither of these instruments contains provisions mandating a ban on the visible display of products at retail outlets.

Secondly, according to the assessment of the Association’s member companies, the current Ukrainian legislation regulating the production, import and circulation of tobacco products generally complies with Ukraine’s obligations under the EU–Ukraine Association Agreement, particularly with regard to the implementation of Directive 2014/40/EU.

Therefore, the business community considers that the introduction of additional regulation not required under EU law is unjustified and may have a negative impact on the economy and state budget revenues.