The EU is once again trying to agree the first common minimum tax on nicotine pouches. On 21 October 2026 the Irish presidency of the Council of the EU circulated two revised compromise texts on the Tobacco Taxation Directive, and national tax officials discussed them on 26 October, as The European Post reported. Dublin hopes EU finance ministers can reach a political agreement at the ECOFIN meeting on 9 November.
This explainer sets out what the draft says about nicotine pouches, what is still undecided, and what it could mean for adults who buy pouches in Europe. Nothing below is law yet.
What happened
The European Commission proposed the new tobacco tax directive in July 2025. According to The European Post, it would raise the minimum excise duty on cigarettes from €90 to €215 per 1,000 cigarettes and, for the first time, set EU-wide minimum rates for heated tobacco, nicotine pouches, e-cigarette liquids and other nicotine products.
The Irish presidency's latest compromise was prepared for the 26 October meeting of national tax officials. POLITICO obtained the text, and the consumer group Considerate Pouchers summarised what it says about pouches. The Global Institute for Novel Nicotine identifies a Council document dated 21 October 2026 (14681/26) that sets out transitional rates beginning in 2028.
The proposed minimum tax on nicotine pouches
According to the draft as reported by Considerate Pouchers, every member state would have to tax nicotine pouches at no less than:
| Period | Minimum per kilo | Or share of retail price |
|---|---|---|
| 2028 to 2029 | €30 per kg | 10% |
| 2030 to 2031 | €50 per kg | 25% |
| From 2032 | €80 per kg | 50% |
Two caveats matter. First, these pouch figures are still in square brackets in the draft, which means member states have not agreed them. Second, the directive sets minimum excise levels, not retail prices, so governments could still charge more (The European Post).
For context, the Commission originally suggested taxing pouches at 25% of the retail price or €71.50 per kilogram, and Sweden's national levy is €18.36 per kilogram, according to POLITICO. Considerate Pouchers calculates that the proposed 2032 minimum would be more than four times Sweden's current rate.
New limits for travellers
The package also touches on carrying pouches between EU countries. According to Considerate Pouchers, a second draft directive sets a guide level of 280 grams of pouches for personal use. It would also let countries that ban a product, as France does with nicotine pouches, charge excise duty on pouches that travellers bought legally elsewhere, and the presidency has deleted a line that would have let travellers prove that larger amounts were genuinely for their own use.
If you travel to France, see our earlier guide on France's nicotine pouch ban and travellers.
Why Sweden can still block it
EU tax laws need unanimity, so any one government can veto the directive (The European Post). Sweden opposes the proposed treatment of oral nicotine products. Traditional Swedish snus sits outside the scope under the country's accession arrangements, but tobacco-free nicotine pouches would fall under the harmonised minimum taxation.
On 22 October, Bloomberg Tax reported that Swedish delegates told EU ambassadors they were not in a position to adopt the bill, and that Sweden would prefer it not be on the agenda at next month's finance ministers' meeting. Trade outlet 2Firsts, citing Law360, reported that Sweden is unwilling to accept a minimum above €20 per kilogram for pouches.
Swedish politics adds a complication. A caretaker government is still in place while coalition talks continue after the September election, which limits how far Swedish negotiators can move (The European Post).
What it means for buyers
- Nothing changes today. The rates are a draft, the pouch figures are unagreed, and the earliest proposed start is 2028.
- Prices could rise in low-tax countries. Governments with duties below any agreed floor would have to raise them (The European Post), so where pouches are taxed lightly today, retail prices could go up from 2028.
- Travel allowances may tighten. A 280 g guide level and the option for ban countries to charge duty would matter most to people who carry pouches across borders.
- The timetable is not certain. According to 2Firsts, the presidency aims for Coreper on 4 November and ECOFIN on 9 November, but that depends on progress among member states. If Sweden holds its position, The European Post notes the file may slip to a later presidency.
Background
Supporters of nicotine pouches argue that higher taxes make it harder for smokers to reach a product they see as a less harmful alternative, according to POLITICO. The Commission argues that the current rules predate these products, leave gaps for illicit traders and keep national markets far apart (The European Post). Considerate Pouchers, which opposes the plan, points to data from CAN, Sweden's alcohol and drug research body, showing 3.7% of Swedes smoked daily in 2025.
For more on how EU policy on pouches is developing, read our explainers on the EU letter on nicotine pouches and the proposed EU market freeze. For delivery rules by country, see shipping nicotine pouches in Europe.
Pouchstore.com will update this article when member states agree, or fail to agree, the final rates.