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The International Tobacco-Control Network

Synopsis of agreement reached by
the European Parliament in Plenary Session
Vote on the Maaten report and amendments

UICC/ECL EU Liaison Office, Brussels
Proposed EU Directive on
Tobacco Product Regulation
   

Postpone to July Plenary

An attempt was made by Mr Lechner and colleagues in the PPE Group to postpone the vote on the Directive until the July Plenary. This was defeated by 161 to 387 with 15 abstentions

Legal base

The challenge to the legal base was rejected by 131 to 414 with 23 abstentions

Recitals

Most (but not all) of the new recitals proposed by the Environment Committee at their meeting on 25th May were accepted – some in slightly strengthened format. These cover: the age of onset of smoking by young people; harm reduction claims; WHO FTC negotiations; establishment of a Tobacco Control Working Group (to provide expert advice to the Commission); provisional use of ISO standards; prohibition of ammonia; the risks of passive smoking, especially to children; toxins research; and the creation of a Regulatory Committee.

Articles
2.5 Amended to include paper, filter, inks and adhesives
3 Defers the application of article 3 in respect of cigarettes exported from the EU until Dec 2006 at the latest
Call on the Commission to use the Tobacco Research Fund to develop new tobacco varieties and farming techniques with a view to reducing maximum yields of toxic products
Bans the use of ammonia or ammonia compounds from 31 Dec 2003
5.1 Drops the requirement to publicise actual yields on cigarette packets (Note, however, that this requirement is maintained in Art 6.1)
5.2 Calls on the Commission to present a report on standardised testing methods to measure the yields of constituents other than tar, nicotine and carbon monoxide
5.4 Requires test results to be reported whenever there is a change in the composition of the product (i.e., rather than annually)
Requires Member States and the Commission to disseminate test results widely, but without prejudice to measures intended to protect the confidentiality of information on manufacturing processes
6.1 Maintains the requirement to publicise actual yields (tar, nicotine and carbon monoxide) on one side of the cigarette packet – 30% of the surface for one language, 35% for two and 40% for three languages
Requires lists of ingredients to be made available to consumers, for instance via websites
6.2 Varies the texts of general and additional warnings; emphasises the risks of passive smoking to children and adds reference to a telephone information line
6.3 Strengthens specification of ‘black on white’ printing
6.4 Allows for stickers to be used for warning labels on tobacco products other than cigarettes or rolling tobacco
6.6 Increases size of general warning on the front of the pack to 35% of the pack surface (37% for two languages and 40% for three)
Increases the size of the additional warning on the rear surface of the pack to 45% (47% for two languages and 50% for three)
6.7 Specifies 12.5% of the pack surface for warnings on packaging for pipe tobacco and cigars (13% for two languages and 15% for three)
Allows tobacco product batch numbers to be used, to ensure traceability
6.a New article: bans the use of ammonia and ammonia compounds
6.b New article: requires health warnings to be displayed on vending machines
7.1 Requires tobacco manufacturers and importers to submit annual reports on ingredients from 31 Dec 2003 onwards; specifies the contents of these reports; and requires the Commission to specify toxocological data that should be demanded of the industry in order to allow public health authorities to assess the use of these ingredients
8 Bans the use of the terms ‘low tar’, ‘light’, ‘ultra light’, ‘mild’, etc.; and does not allow any derogation to Member States to authorise the use of such terms
9 Authorises the establishment of a Regulatory Committee
10 Authorises the Commission to create a Tobacco Control Working Group; and specifies the content of the bi-annual report to be presented by the Commission, the first to be prepared by 31 Dec 2004 at the latest
12 Substantially amends the list of alternative warnings; and changes the warning for oral and smokeless tobacco products. The latter will now read: ‘Smokeless (or oral, as appropriate) tobacco can damage your health and is addictive’

General
  1. Maximum yields

    2. The Commission’s proposals have not been altered by the Parliament. Maximum authorised yields are therefore: Tar 10 mg; Nicotine 1 mg; Carbon Monoxide 10 mg; with effect from 31 Dec 2003

  2. Greece

    3. There has been no change to the Commission text in terms of the derogation currently allowed to Greece. Greece does not have to introduce the tar limit of 10 mg until Dec 2006. This derogation does not apply to limits on nicotine and carbon monoxide.

  3. Sweden

    4. Member States other than Sweden may not permit the marketing of tobacco for oral use. This derogation was obtained by Sweden during accession negotiations before Sweden joined the EU. There had been heavy lobbying to remove the ban, i.e., to liberalise the market for SNUS throughout the EU. This did not succeed.

  4. Coloured pictures and graphic illustrations

    5. On 25th May, the Environment Committee supported an amendment that would have allowed Member States to authorise the use of pictures to illustrate health warnings, along the lines about to be introduced in Canada. This proposal was overturned in Plenary.

  5. Exports

    6. There had been considerable lobbying by the industry and employees’ organisations to remove exports from the scope of the Directive. This failed. The only concession was an extension for the implementation of this aspect of the Directive to Dec 2006, to give the industry time to adapt.

European Parliament support

The European Parliament was newly elected in June 1999. It was impossible to gauge how much support a measure like this would command in the new Parliament. The first indication came in the first vote, i.e., the attempt by some members to postpone consideration to July.

There are 626 MEP’s. More than 560 Members attended throughout the vote, and voted one way or another (or abstained) on a total of 120 amendments. More than 20 votes were taken on the basis of a ‘roll call’, i.e., we can identify which way individual MEP’s voted on these particular amendments. Otherwise, many of the amendments were taken on a show of hands, and some were counted (using electronic voting).

It is obvious that pro-health amendments received more support than ‘pro-industry’ amendments (these were largely to delay or minimise the effect of various aspects of the Commission proposal); but it is difficult to be precise on numbers. Crudely, the pro-health arguments seemed to be supported by about two thirds of MEP’s.

At the end of all the votes, the Maaten report, as amended, was put to the vote. It was adopted on a show of hands; as was the subsequent legislative resolution.

NB: The Parliament does not have the final say. The Parliament has authority of co-decision with the Council. Attention now shifts to the meeting of the Health Council, to be held on Thurs, 29th June.

 

AH/BXL/15.vi.00