How Ukraine aligns with EU anti-tobacco standards

The right of citizens to safely enjoy public spaces without health risks is fundamental.

Ukraine's Supreme Court upheld in its recent ruling the absolute ban on smoking hookahs in food establishments and recognised hookah preparation in such venues as a form of advertising and promotion of tobacco products.

This decision supports the effective enforcement of national anti-tobacco laws and strengthens Ukraine’s integration into the unified European space.

Read more about how the European Union is working to create a smoke-free environment and what steps Ukraine is taking in the article by Yulia Manuilova, a legal consultant of NGO Zhyttia – Towards Europe without hookah: why the Supreme Court's anti-tobacco ban matters.

The author highlights that smoking remains one of the greatest health threats in the EU, claiming approximately 700,000 lives annually.

To minimise the negative impact of tobacco, the EU has introduced Europe's Beating Cancer Plan, a political commitment aimed at creating a "tobacco-free generation."

"The EU has set a goal to reduce tobacco use to less than 5% of the population by 2040," Manuilova notes.

To achieve this, the EU has adopted directives requiring member states to implement a minimum tax rate on tobacco products, ban flavoured products, and enforce standardised packaging regulations.

Directive 2014/40/EU emphasises that Member States are free to regulate such matters within the remit of their own jurisdiction and are encouraged to do so.

In 2009, the EU developed a Council Recommendation on creating smoke-free environments.

According to the legal consultant, this document proposes several measures to reduce the impact of tobacco smoke, including a complete ban on smoking in enclosed spaces and strengthened preventive measures.

While implementing the Council Recommendation is voluntary, it provides a general framework for combatting smoking across Europe. The author notes that in February 2013, the European Commission published a report indicating that all EU countries had taken steps to protect citizens from tobacco smoke, albeit to varying degrees.

On 3 December 2024, the Council of the European Union adopted an updated recommendation, expanding the list of public spaces subject to smoking bans.

The ban now applies to open or semi-open areas associated with service establishments (e.g., rooftops, balconies, verandas or courtyards) and open spaces in restaurants, bars, cafes and similar venues.

"Through the implementation of Directive 2014/40/EU, Ukraine has also harmonised its national tobacco regulation legislation with the European acquis," writes Manuilova.

The legal expert also points out that Ukraine’s parliament has registered bill No.12091, which includes provisions to significantly enhance protections for children and youth against tobacco use and implements updated requirements from the EU integration Directive 2014/40/EU.

The measures proposed in the bill will be an essential step in combating the tobacco and nicotine use epidemic and will help save millions of Ukrainian lives, the author asserts.

"At the same time, they bring Ukraine closer to the standards already in place in the European Union," says the legal consultant.