Britain’s landmark plan to ban tobacco sales to anyone born after 2009 could spark a legal clash with Brussels, after seven EU member states formally raised objections.
Croatia, the Czech Republic, Greece, Italy, Portugal, Romania and Slovakia have submitted detailed opinions warning the proposed law may breach the Windsor Framework.
The legislation, which aims to create a “smoke-free generation” by raising the legal purchasing age for tobacco each year, reaches report stage in the House of Lords on Tuesday.
Portuguese officials said the proposal is “in clear breach of the principles of the treaties, as well as the Windsor framework".
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Authorities in Prague argued the measures would create “an unjustified barrier to the free movement of goods".
The Windsor Framework was agreed under former Prime Minister Rishi Sunak in 2023 and later revised by Sir Keir Starmer.
The agreement keeps Northern Ireland aligned with significant elements of the EU single market to avoid a hard border on the island of Ireland.
That creates legal complications for UK-wide laws that could affect trade flows between Britain and the EU.
Britain’s landmark plan to ban tobacco sales to anyone born after 2009 could spark a legal clash with Brussels
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The generational smoking ban was first proposed by Mr Sunak before being adopted by Labour after entering office.
Ministers notified Brussels of the bill last August, as required under the framework.
The Government insists the policy is “fully compatible with our international treaty obligations in Northern Ireland".
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The generational smoking ban was first proposed by Mr Sunak before being adopted by Labour
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One source told The Times it presents the “first big test” of the agreement, warning that the objections could signal further trouble ahead.
Another said the ban is "open to a legal challenge from the EU side".
The source added: "We know that the Irish government considered this step [a generational ban] themselves, but didn’t proceed because it was concluded that it would be contrary to EU law as it presently stands.
"So there is clearly a tension between the UK government’s position and seven other seven other member states.”
One source said the ban is 'open to a legal challenge from the EU side'
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If Brussels ultimately determines the law breaches single market rules, negotiations would follow - with potential legal action as a last resort.
The Government is holding fortnightly talks with Brussels as they seek to finalise Sir Keir’s post-Brexit “reset” with the bloc.
A Department for Health spokesman said: “The Tobacco and Vapes Bill will apply in Northern Ireland, ensuring that people in Northern Ireland will benefit from the action the government is taking to tackle the leading cause of preventable death in the UK.
“We have provided a comprehensive response to the European Commission on the detailed opinions received, setting out the reasons why our smoke-free generation policy is fully compatible with our international treaty obligations in Northern Ireland.”
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