The European Court of Auditors has confirmed what customs officers and public‑health officials have suspected for years: the illicit tobacco trade in the European Union has moved indoors. A report published this week finds that large‑scale cigarette factories run by organised‑crime groups now operate in almost every member state, producing roughly one in ten cigarettes consumed across the bloc and draining an estimated €13 billion a year from public finances.

The shift is structural. For decades the dominant model was smuggling, containers diverted at ports, lorries with false floors, suitcases carried across borders. That still exists, but the auditors say it has been overtaken by domestic manufacturing. Criminal networks have concluded that building factories inside the EU shortens supply chains, reduces interception risk and puts them closer to their customers.

Factories that rival legal plants

The scale of some operations is startling. Belgian police dismantled a facility last year running four production lines around the clock, each capable of turning out one million cigarettes an hour. Fifty workers kept it running. In Spain, a raid on the largest site uncovered so far yielded three million packs valued at €15 million, five tonnes of raw tobacco worth €5 million and twenty arrests; its output had already reached six EU countries. French authorities last month broke up a cross‑border cell supplying Lille that had made 120 deliveries of 7,500 packs each since December.

These are not makeshift workshops. The auditors describe sophisticated equipment, experienced technicians and production cycles of two to four months before a site is moved. Gangs split output across multiple locations, often in border regions, and tailor brands for individual national markets, even developing new products to evade detection.

Public‑health policy undercut

The financial loss is only part of the damage. Cheap illicit cigarettes undermine the tax and price policies that have driven down smoking rates across Europe. By keeping prices artificially low, the black market makes tobacco more accessible to young people and low‑income groups, the very cohorts that public‑health strategies aim to protect. The ECA notes that while legal tobacco consumption continues to fall, the illicit share has risen steadily to 8.8 % of total cigarettes in 2023, the latest year for which comparable data exist.

A patchwork of laws that criminals exploit

The auditors are blunt about why the problem persists. European law in this area is not harmonised. Definitions of offences, penalty thresholds and investigative powers differ from capital to capital. Information exchanges between national agencies are inconsistent. Criminals simply relocate to the most lax jurisdiction, often just across a border. As Petri Sarvamaa, the ECA member responsible for the report, put it: "Criminals involved in the illicit tobacco trade are succeeding not because Europe lacks legislation but because gaps remain in coordination, information and enforcement. Organised crime has a strategy. We need one too."

The EU and most member states have taken steps, joint customs operations, the European Anti‑Fraud Office (OLAF) investigations, the tobacco track‑and‑trace system mandated by the 2014 Tobacco Products Directive, but the auditors judge them uneven and insufficiently coordinated. The track‑and‑trace system, for instance, applies only to legal production; it does not cover the raw tobacco or machinery that feed illicit lines.

Data gaps hide the true picture

Even the headline figures come with a warning. The ECA stresses that information on the size, structure and economic impact of the trade remains "incomplete and unreliable". Member states use different methodologies to estimate illicit consumption, some rely on empty‑pack surveys, others on tax‑gap models, a few on seizure ratios. The 8.8 % figure is the best available aggregate, but the true number could be higher. The €13 billion revenue loss is an extrapolation from that share, not a direct measurement.

What a coordinated response would require

The report stops short of proposing a single legislative fix, but the implications are clear. Harmonising offence definitions and minimum penalties would remove the regulatory arbitrage. A mandatory EU‑wide intelligence platform, sharing seizure data, production‑equipment movements, financial flows, would close the information gaps. Extending track‑and‑trace obligations to raw tobacco and industrial machinery would make it harder to equip new lines. And a dedicated operational budget for joint investigation teams, rather than ad‑hoc contributions, would give enforcement the persistence that criminal networks already possess.

The auditors' final observation lingers: the trade is not a collection of national problems but a single EU‑wide market run by networks that already operate as a bloc. Until enforcement does the same, the factories will keep moving, the tax gap will keep widening, and the price of a packet of cigarettes will remain a policy choice that organised crime gets to make for millions of Europeans.

People mentioned

  • Petri Sarvamaa

    Member of the European Court of Auditors, European Court of Auditors

Organisations

European Court of Auditors · European Commission