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Tobacco Products Directive Finally Concludes
The Association of European Cancer Leagues (ECL ) welcomes the agreement today on new European rules for tobacco products which includes pictorial health warning covering 65 % of the front and the back of the tobacco packs in 2016, a regulatory framework for electronic cigarettes, a traceability system for cigarettes and RYO tobacco in 2019, a ban of menthol cigarettes in 2020 and the possibility for Member States to introduce more stringent measures such as plain packaging.
The agreement has still to be formally adopted by the European Parliament and the Council, but "we are confident that the new directive will be adopted in 2014 and comes into force in the Member States after just two years" said Luk Joossens, Advocacy Officer of ECL, Despite the presence of a whole army of tobacco lobbyists during the last six years, an important step was taken to improve public health in Europe today.
Previous tobacco control related news:
Following the huge success of the Irish Presidency in keeping the Tobacco Products Directive on the political agenda in Europe and the Irish government's declaration to introduce standardised packaging in Ireland, tobacco control advocates have been working with both the Irish and the subsequent Luthianian Presidencies to ensure continuity from one to the next.
At the meeting of the Ministers of Health in Luxembourg on the 21st June, the Irish and Lithuanian Presidencies released the attached statement of appreciation for the work of ECL and other organisations in their support of the Tobacco Products Directive.
Update on the Tobacco Products Directive (as of June 2013)
An agreement was reached by 27 EU Ministers at the Health Council in Luxemburg on 21 June 2013 on the review of the Tobacco Products Directive. The text got the support of 23 Ministers. Only Poland, Czech Republic, Romania and Bulgaria voted against the general approach of the text. The agreement includes new rules on how tobacco products should be labeled, packaged and manufactured. It also targets product ‘attractiveness’, with young people firmly in mind. The agreement will enable to open up final negotiations on the Tobacco Products Directive with the European Parliament, which is expected to vote on the Tobacco products Directive in July in the Public Health Committee and in September in the plenary session.
The text agreed by the Council Ministers is weaker than the initial Commission proposal, but contains the following measures
We would still need your support for the vote in the European Parliament, as the pressure remains high. Only in the Public Health Committee of the Parliament, some 1360 amendments have been tabled. The job is not yet finished.
Advocacy Officer, Tobacco Control ECL
Tobacco products: towards bigger health warnings and ban of strong flavourings
On December 19 2012, after years in the making, the European Commission has adopted its proposal to revise the Tobacco Products Directive. The proposed legislation consists of new and strengthened rules on how tobacco products can be manufactured, presented, and sold. More specifically, it bans the use of cigarettes, roll-your-own tobacco (RYO) and smokeless tobacco products with characterising flavours and makes the use of large pictorial health warnings mandatory on cigarettes and RYO. It regulates cross border internet sale and foresees technical features to combat illicit trade. Moreover, measures are proposed for products that were not specifically regulated so far such as e-cigarettes and herbal products for smoking. Chewing and nasal tobacco will be subject to specific labelling and ingredient regulations. The existing ban for oral tobacco (snus) shall be maintained.
On the occasion of the proposal's adoption, Commissioner in charge of Health & Consumer Policy, Tonio Borg said: "The European Commission had promised a proposal on tobacco products by the end of 2012, and that's what I'm presenting today to Health ministers and the European Parliament. The figures speak for themselves : tobacco kills half of its users and is highly addictive. With 70% of the smokers starting before the age of 18, the ambition of today's proposal is to make tobacco products and smoking less attractive and thus discourage tobacco initiation among young people". He added that "Consumers must not be cheated: tobacco products should look and taste like tobacco products and this proposal ensures that attractive packaging and flavourings are not used as a marketing strategy."
Why a revision of EU law?
The current Tobacco Products Directive (2001/37/EC) dates from 2001. Since then, significant scientific, market and international developments have taken place. For example, new evidence on flavourings used in tobacco products and effectiveness of health warnings has become available. Novel products such as electronic cigarettes have entered the market and recent marketing strategies involve the use of attractive packaging and flavours. At international level, the EU and all of its Member States have ratified the WHO Framework Convention on Tobacco Control (FCTC) which entered into force in February 2005. As a consequence, some of the current provisions of the Directive have become outdated. Member States have also taken different regulatory approaches resulting in a divergence between Member States' laws on the manufacture, presentation and sale of tobacco products.
The new proposal is responding to these developments and to requests from the European Parliament and the Council of Ministers as well as the Commission's own report on the Application of the Tobacco Products Directive of 2007 and 2009, which identified potential areas for improvement.
Main elements of the proposal:
The proposal foresees major revisions of the current Directive. It addresses in particular the following areas:
Process and Timelines
The proposal has been adopted following extensive consultation of stakeholders including a public consultation which generated 85,000 responses. During its preparation, a thorough impact assessment has been carried out, evaluating economic, social and health effects of several policy options under consideration. Several external studies were commissioned during the process.
As a next step, the proposal will be discussed in the European Parliament and in the Council of Ministers. It is expected to be adopted in 2014. It would come into effect from 2015-2016.
Here is the link to the commission press release on the revision of the tobacco products directive:
and the new commission proposal:
Pictorial health warnings are no more exceptional and exist already in the legislation of 63 countries.