Breathing new life into tobacco rules

The EU hopes to secure agreement on controversial new tobacco rules before the end of the European Parliament’s mandate

When John Dalli resigned as European commissioner for health and consumer policy in October 2012 following a  lobbying scandal, there were concerns that a revision of EU tobacco rules would be delayed for years. Eager to allay these fears, the European Commission unveiled its proposal just before the Christmas break.

However, the spectre of delay still lingers. The legislation is encountering resistance from pro-industry MEPs and member states fearful of harming a sizable European industry during an economic crisis. A battalion of lobbyists has descended upon the Parliament and the member states’ representations in recent months, warning that the proposal, which would require large pictorial health warnings on packaging and ban all flavourings, is beyond the scope of the EU’s powers.

“This is such a tight timeframe, but at least the strong leadership from Linda McAvan [a British centre-left MEP guiding the Parliament’s work on the subject] is helping,” said Monika Kosinksa of the European Public Health Alliance. “In the Council, we are a bit more concerned. The discussions so far indicate this could be stalled. Some member states are very opposed to the principles of the directive.”

Poland has been the fiercest opponent of the revision so far, particularly about the proposed ban on menthol-flavoured cigarettes, which are very popular in Poland. Several centre-right and Liberal MEPs have also questioned the EU’s mandate in regulating a product so heavily, saying that this would best be left to member states.

Health warnings

Though healthcare is a national competence, the EU has the power to regulate tobacco. Light-touch tobacco control legislation was first introduced in the 1980s, but the real change arrived with the 2001 tobacco products directive. The directive prohibited terms such as “mild” or “light”, set maximum levels for tar, nicotine and carbon monoxide content, and set a minimum size for health warnings on packets.

But the landscape has changed significantly since then, with issues arising such as electronic cigarettes and internet sales. McAvan notes in her draft report that, though the existing directive sets minimum requirements, many member states have chosen to go much further. Pictorial warnings are now required in ten member states, while 14 states have set a minimum packet size of 20 cigarettes. The UK has banned cigarettes from public display in large shops.

There have also been developments internationally, with Australia insisting on plain packaging and several countries – including Brazil, Canada and the United States – banning flavoured cigarettes (although menthol cigarettes are allowed in North America).

In 2005, all EU member states signed up to the World Health Organization’s Framework Convention on Tobacco Control, which obliges signatories to reduce demand for and supply of tobacco products. The need to implement this convention, combined with the emerging differences in regulation across the EU, prompted the Council and the Parliament to call upon the Commission to update the directive.

The revision goes beyond the original directive’s remit (and even its title) by including products that do not contain tobacco but do contain nicotine: e-cigarettes and herbal cigarettes. However, it limits itself only to the sale of these products and steers clear of regulating the act of smoking itself.

Although the Commission issued guidance on national smoking bans in public places in 2009, it has left this as an area of national competence. As a result, there are bans in place across the EU that vary widely in their severity and in their enforcement.

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