Tag: European Union

  • Questions without answers

    Questions without answers

    A Finnish member of the EU Parliament has asked the Commission what member states intend to do to reduce the use of snus by young people.

    In a preamble to two questions that the Commission is due to answer in writing, Merja Kyllönen said Directive 2014/40/EU required member states to prohibit the placing on the market of tobacco products, such as snus, with characterising flavors.

    ‘The purpose of banning characterising flavours and aromas (Directives 89/622/EEC and 92/41/EEC) is to make products less tempting, particularly to young people,’ she said.

    ‘The use of snus is increasing, especially among young people. Experts are of the opinion that banning the use of flavorings in snus would reduce its use.

    ‘In addition, young people and new users are drawn to snus by its attractive retail packaging.

    ‘Prolonged use of snus results in various types of damage to the mouth area. It particularly affects the biting surfaces of teeth and the gums. The damage caused by snus can be greater for young people than for adults, because young people’s gums are more sensitive. Nicotine in snus has similar effects to nicotine in tobacco, including insomnia, headaches and changes to the nervous system. Using snus brings about a significant increase in the risk of cancers of the mouth, throat and pancreas and is also linked to cardiovascular disease.’

    Kyllönen asked:

    1. ‘What do member states intend to do to reduce the use of snus by young people?
    2. ‘Are there any plans for reducing the attractiveness of snus to young people and new users by taking measures with regard to the appearance of retail packaging so as to add appropriate health warnings in the form of a combination of pictures and text?’

    [The EU bans the sale of snus in all member states except Sweden.]

  • EU places fingers in ears

    EU places fingers in ears

    The European Commission is reluctant to sit with the tobacco industry to discuss ‘novel tobacco products such as electronic cigarettes’, according to a story by Gerardo Fortuna and Sarantis Michalopoulos for EurActiv, quoting a high-ranking EU official.

    The use of e-cigarettes might be less harmful than smoking traditional cigarettes, according to some reports, but e-cigarettes are still “poison,” Arūnas Vinčiūnas, head of cabinet of EU Health Commissioner Vytenis Andriukaitis, was quoted as saying.

    The EU official was speaking at a EURACTIV event where many participants called for a broader dialogue with policymakers on sensitive health topics such as tobacco consumption.

    Asked why the Commission had systematically refused to meet with tobacco industry representatives during the current term, Vinčiūnas replied: “There is reluctance and a specific attitude towards the tobacco industries,” which does not exist with other sectors.

    “We are struggling to put together the two sides to discuss simple things, and people are, sometimes, very stubborn,” he added.

    Vinčiūnas reiterated the Commission’s opposition to consider novel tobacco products and e-cigarettes as healthy.

    “There are scientific reports saying that e-cigarettes are less harmful than cigarettes,” he said. “But it’s still tobacco.”

    “You can drink less poison, but it is still poison in the end,” he added.

  • A question of customs

    A question of customs

    A Bulgarian member of the EU Parliament has asked the Commission whether using an external company for loading and unloading excisable goods for the purpose of making customs checks constituted a breach of its regulations.

    In a preamble to two questions that are due to be answered by the Commission in writing, Angel Dzhambazki said that, in Bulgaria, it was the practise for Customs Agency staff to be present at the loading and unloading of excisable goods, following which a report was filled out. ‘However, most consignments of freight are subject to a follow-up check at the customs control points located at border crossings,’ he said.

    ‘Under Regulation (EU) No 952/2013 of 9 October 2013 laying down the Union Customs Code, responsibility for the follow-up check and for loading/unloading lies with the Customs Agency, but at the Kalotina customs control point the Bulgarian authorities refuse to carry out this work, thus obliging carriers to hire an external company to do it.’

    Dzhambazki then asked:

    1. ‘Is the Commission aware of this problem?
    2. ‘Does the Commission consider that using an external company for loading/unloading for the purposes of customs checks constitutes a breach of Regulation (EU) No 952/2013?’
  • A question of lung cancer

    A question of lung cancer

    A Romanian member of the EU Parliament has asked the Commission if it is considering providing member states with guidance to ensure that all cancer patients have timely access to innovative treatments.

    In a question preamble that appeared under the heading, Tackling lung cancer in Europe, Doru-Claudian Frunzulică said researchers at the European Cancer Forum had found that effective prevention policies and timely access to innovative treatments could improve the effectiveness of cancer care.

    ‘Even though there have been improvements in the last 15 years, some member states still have high mortality rates,’ he said. ‘As declared at the Forum, cancer is not just a medical issue, but also a social one.’

    He then asked: ‘Is the Commission considering providing guidance to member states on how to tackle societal challenges in order to fill the existing gaps in cancer healthcare across Europe, and ensure that all patients have timely access to innovative treatments?’

    The Commission is due to answer in writing.

  • A question of air quality

    A question of air quality

    A French member of the EU Parliament has asked the Commission what it is doing to improve indoor air quality.

    In a preamble to her question, Nadine Morano said the EU and its member states were taking a number of measures to fight air pollution outdoors.

    ‘Indoor pollution, however, is addressed much less frequently, even though some Europeans spend as much as 90 percent of their time indoors,’ she said.

    ‘What is more, concentration levels of some air pollutants are sometimes found to be higher inside than in the open air.’

    Morano then asked: ‘In this context, what is the Commission doing to improve indoor air quality?’

    The Commission is due to answer the question in writing.

  • EU and WHO at loggerheads

    EU and WHO at loggerheads

    A French member of the EU Parliament has said that the Commission’s tobacco-products tracking-and-tracing acts do not take into account the entry into force of the World Health Organization’s ‘Protocol to Eliminate Illicit Trade in Tobacco Products’.

    In a preamble to two written questions posed to the Commission, Michèle Rivasi said that parallel trade in tobacco resulted in increased smoking, particularly among adolescents, who were more sensitive to prices, and an annual tax loss for EU member states estimated at between €15 billion and €20 billion.

    ‘The World Health Organization (WHO) considers that the best way to put an end to this phenomenon is to apply its Protocol “to Eliminate Illicit Trade in Tobacco Products,” which was drawn up in 2012 and entered into force on 25 September 2018,’ she wrote.

    ‘To date, there are 48 parties to this international treaty, including the European Union, which ratified the WHO Protocol on 24 June 2016, following the vote of the European Parliament on 9 June 2016.

    ‘Article 8 of the Protocol requires, in particular, that a tracking and tracing system be set up for tobacco products which is strictly independent of tobacco manufacturers, who are suspected of fuelling parallel trade.

    ‘At the beginning of 2018, the implementing and delegated acts on the traceability of tobacco products adopted by the European Commission entrusted several essential traceability-related tasks to cigarette manufacturers themselves.’

    Rivasi then asked:

    1. ‘Why do the Commission’s acts not take into account the entry into force of the WHO Protocol?
    2. When will the Commission revise them?’
  • IQOS given EU protection

    IQOS given EU protection

    The UK’s High Court has granted an interim injunction with pan-EU effect against a Chinese manufacturer, Shenzhen Shunbao Technology, which was attempting to launch in the EU a product similar in appearance to Philip Morris International’s IQOS, according to a Lexology story relayed by the TMA.

    PMI was said to have become aware that Shunbao was marketing a tobacco heating system in China that was similar in appearance to the IQOS holder and brought an action in China.

    After learning of Shunbao’s intention to enter the EU market, PMI filed a case in the UK High Court for infringement of a Registered Community Design protecting the design of the IQOS holder.

    In considering the factors for assessing whether an interim injunction application should be granted, the judge was reportedly satisfied that there was a serious issue to be tried and that PMI had a “good arguable case” on infringement.

    He was satisfied also that there was a real threat of infringement in the EU, since Shunbao’s online store indicated that it would be exhibiting at the Vaper Expo in the EU.

    Balancing other factors, he found that the reputational harm to PMI was likely and difficult to quantify.

    Since he was satisfied that damages would not be an adequate remedy for PMI and that the balance of convenience favoured granting an interim injunction, the interim injunction was ordered.

  • EU response co-ordinated

    EU response co-ordinated

    The European Anti-Fraud Office (OLAF) makes every effort to co-ordinate the EU’s fight against tobacco-products smuggling, the EU Commission said yesterday.

    The Commission was replying to a question from a Czech member of the EU Parliament who had questioned whether the high number of illicit cigarettes entering France should be principally a matter for the French authorities as the Commission had previously suggested.

    In a preamble to his question, Tomáš Zdechovský said that, in its response to parliamentary question E-003300-18 [see TR’s story of September 21, 2018: Going it alone], the Commission had confirmed that, ‘OLAF can bring significant added value by helping co-ordinate anti-smuggling operations’.

    However, in relation to the cigarettes smuggled from Algeria to France, it had stated ‘France has so far not requested OLAF’s assistance in this regard’.

    ‘It is estimated that the annual revenue losses to the EU due to cigarette smuggling amount to as much as €10 billion every year; France has the highest volume of illegal cigarettes in the EU, and OLAF has the unique investigative mandate to fight tobacco smuggling into the EU,’ Zdechovský said, before asking:

    ‘Given that the issue in France is precisely that of tobacco smuggling into the EU, should OLAF not be more proactive?’

    In reply, the Commission said that OLAF was proactive and made every effort to co-ordinate member states’ actions to fight the smuggling of tobacco products into the EU.

    ‘A new European Commission Action Plan on fighting illegal tobacco trade, published on 7 December 2018, addresses the increasing global dimension of tobacco smuggling by proposing a combination of targeted policy and enforcement initiatives, including actions by OLAF,’ the Commission said.

    ‘As regards cigarette smuggling from Algeria into France specifically, OLAF has informed the European Commission that it is in contact with the French customs authorities with a view to assessing the issue and contributing to their actions to counteract this illegal business.’

  • Indoor air of concern

    Indoor air of concern

    The EU Commission has said that it does not intend to launch any new initiatives on indoor air quality during its current mandate.

    The Commission was answering a question from the French member of the EU Parliament, Rachida Dati.

    In a preamble to her question, Dati said that, in a communication of May 17, 2018, the Commission had made a detailed report on air quality in the EU, the measures already in place and the areas for improvement. However, there had been no mention of the situation regarding indoor air quality in the EU.

    ‘The issue of indoor air quality is still neglected in comparison to outdoor air quality, although indoor air can often be more polluted,’ she said. ‘This is the result of many factors, such as prolonged exposure to harmful products or persistent humidity.

    ‘The deterioration in the quality of indoor air has become a public health concern. Symptoms may range from allergies to more severe conditions, such as cancers resulting from prolonged exposure to these pollutants. ‘This issue is all the more important as we spend more than 80 percent of our time in enclosed spaces.

    ‘Does the Commission intend to take initiatives and propose concrete measures to tackle this public health problem?’ Dati asked.

    In reply, the Commission said that in relation to specific chemicals with a detrimental effect on indoor air quality, the REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) Regulation could prohibit the placing on the market and use of chemicals that posed an unacceptable risk to human health. ‘Some substances have already been banned such as the ammonium salts released from cellulose wadding insulation materials used in buildings and four phthalates due to risk to consumers through inhalation of air and dust in indoor environments,’ it said.

    ‘The presence of formaldehyde in a range of textile products has also been restricted under REACH. In addition, in 2017 the Commission has requested the European Chemicals Agency to assess the risk of formaldehyde released from articles and mixtures for consumer uses, with a view to restrict uses of formaldehyde that may pose a risk.

    ‘The Council Recommendation on smoke-free environments has provisions for protecting the public from exposure to second-hand tobacco smoke, particularly to reduce exposure amongst children and adolescents. The Commission published a staff-working document on implementation of the Recommendation in 2013 and continues monitoring the implementation, functioning and impacts of measures outlined in the Recommendation.

    ‘The Commission does not intend to launch any new initiatives regarding indoor air quality during the current mandate.’

  • EU system on right track

    EU system on right track

    The EU Commission has said that the EU traceability system for tobacco products is fully compliant with the World Health Organization’s Protocol to Eliminate Illicit Trade in Tobacco Products (Protocol).

    The Commission was replying to two questions posed by the Romanian member of the EU Parliament, Cristian-Silviu Buşoi.

    In a preamble to his questions, Buşoi said that during the eighth session of the Conference of the Parties to the WHO’s Framework Convention on Tobacco Control (COP8) and the first meeting of the parties to the Protocol (MOP1) held in Geneva in October 2018, WHO Spokesperson Dr. Stella Bialou had justified the non-compliance of the EU’s Tobacco Products Directive (TPD) in respect of tobacco tracking and tracing because the adoption of the TPD had preceded the ratification of the Protocol.

    ‘Moreover, on 9 June 2016, Parliament voted to ratify the Protocol and all member states voted in favour in the Council, leading to its official ratification by the EU on the 24 June 2016,’ he said, before asking:

    1. ‘How and when will the Commission remedy this discrepancy, now that the Protocol has been ratified by the EU?
    2. ‘How is the Commission addressing the situation of the remaining 15 member states that have not ratified the WHO Protocol individually?’

    In reply to the first question, the Commission said that the EU traceability system for tobacco products established under the TPD was fully compliant with the Protocol established under the WHO’s Framework Convention on Tobacco Control (FCTC).

    ‘The EU was involved in negotiating the FCTC Protocol, adopted in 2012,’ the Commission said. ‘The FCTC Protocol (in particular Article 8) was taken into account when the EU adopted its system in 2014. The EU system, which will be in place by 20 May 2019, is based on Article 15 TPD and complemented by Commission Implementing Regulation (EU) 2018/574 and Commission Delegated Regulation (EU) 2018/573 adopted in December 2017, which following the positive scrutiny of the latter act by the co-legislators entered into force on 6 May 2018.

    ‘Member states’ competent authorities and the Commission exercise full control over this system. Several measures ensure the full compliance with the FCTC Protocol, notably: independent generation of unique identifiers, independent storage of traceability data with real time visibility for enforcement purposes, as well as high density and standardisation of reporting events in terms of time and content. The Commission sees no reason to introduce any changes to the design of the EU system.’

    In answer to the second question, the Commission said that member states had unanimously supported the ratification of the Protocol by the EU, for matters falling under EU competence.

    ‘As for matters falling under national competence, to date 11 member states have ratified the Protocol,’ it said. ‘There are national procedures ongoing in the remaining member states. The Commission regularly organises meetings with national experts to support the member states in ratifying and implementing the Protocol.’