8.8.2000 EN C 226/5 Official Journal of the European Communities
Opinion of the Committee of the Regions on the ‘Proposal for a Directive of the European
Parliament and of the Council on the approximation of the laws, regulations and administrativeprovisions of the Member States concerning the manufacture, presentation and sale of tobacco
products’
(2000/C 226/02)
THE COMMITTEE OF THE REGIONS,
having regard to the Proposal for a Directive of the European Parliament and of the Council on the
approximation of the laws, regulations and administrative provisions of the Member States concerningthe manufacture, presentation and sale of tobacco products (presented by the European Commission —
COM(1999) 594 final — 1999/0244 COD);
having regard to the decision taken by the Council on 15 February 2000, under the first paragraph of
Article 265 of the Treaty establishing the European Community, to consult the Committee of the Regionson the matter;
having regard to the decision taken by its Bureau on 2 June 1999 to direct Commission 5 for Social
Policy, Public Health, Consumer Protection, Research and Tourism to draw up the relevant opinion;
having regard to the draft opinion adopted by Commission 5 on 6 March 2000 (CdR 32/2000 rev. 1)
(rapporteur: Mr Sodano — I/NI);
whereas Article 95(1) of the Treaty establishing the European Community states that ‘the Council shall ...
adopt the measures for the approximation of the provisions laid down by law, regulation or administrative
action in Member States which have as their object the establishment and functioning of the internal
market’;
whereas Article 95(3) of the Treaty states that ‘the Commission, in its proposals (...) concerning health,
safety, environmental protection and consumer protection, will take as a base a high level of protection,
taking account in particular of any new developments based on scientific facts’,
adopted the following opinion at its 33rd plenary session held on 12 and 13 April 2000 (meeting of
12 April).
The Committee of the Regions: non-smokers, e.g. by regulating smoking in public places
and in the workplace), while giving the proposed directivethe primary role of removing existing differences and
regulating the operation of the single market. 1. Welcomes the proposal, which is prompted by the agreed
need to approximate the laws, regulations and administrat-ive provisions of the Member States concerning the 5. Considers that in any case, when assessing the instruments
manufacture, presentation and sale of tobacco products, in to be adopted, one should also look at their impact
order to eliminate differences which could create barriers on tobacco production, and particularly their possible
to trade and impede the operation of the single market. economic impact in those Member States where tobacco
provides one of the main sources of income (cf. the
guidelines already issued by the European Commission (
1));
2. Notes that, taking as the base a high level of protection of also considers that the existing situation whereby the EU
public health, the proposal seeks to reduce levels of tar, at the same time supports the fight against smoking as
nicotine and carbon monoxide in cigarettes, with a view well as the growing of tobacco must come to an end as
to reducing the harmful effects of smoking tobacco. soon as possible; believes therefore that the EU must
maximise its efforts to assist tobacco-growers to shift to
other crops or other activities.
3. Stresses that the objective is a significant one, and the
instruments for achieving it must be carefully weighed up
in order to ensure that they are as effective as possible in
securing the anticipated results.(1) While acknowledging a perceived contradiction between Com-
munity policy to reduce tobacco consumption and supportfor raw tobacco production, the Commission points out that
4. Considers it important to alert the Commission to the need discontinuing aid to tobacco growers would have grave impli-
to also consider other more important means of protecting cations for around 200 000 jobs in growing and processing(COM(96) 554 final).
public health (in relation to smoking and the protection of
C 226/6 EN 8.8.2000 Official Journal of the European Communities
6. Would also point out that the proposed directive is more purposes be adjusted to the type of information concerned.
The information provided should also be more extensive than just a consolidated version of the existing directives.
It introduces new provisions whose complexity requires than is currently the case. As regards the colour require-
ments, it might be sufficient to require that contrasting further careful consideration.
colours be used so that their content stands out.
7. Welcomes the intention to evaluate the yield of other
11. Agrees with the Commission that terms such as low-tar, noxious substances (chemical additives) in tobacco prod-
light, ultra light and mild are misleading, and wrongly ucts. The aim here is twofold:
suggest that one product is less harmful than others.
a) to achieve a high level of protection of public health;
12. Thinks, however, that it would be useful to provide
b) to provide more extensive and more uniform infor- additional labelling to provide direct information on the
mation in the Member States, facilitating the removal relative content of the product. A standard EU classification
of barriers to the smooth operation of the single system could be devised, using different colours or conven-
market. tional terms to denote the varying amounts of the substanc-
es present.
8. Proposes that, as regards b) in particular, a common list of
additives be drawn up, together with a single method of 13. Calls, however, for effective measures to stave off the
analysis for use throughout the EU. This should ensure worsening poverty which will face tobacco-growing areas.
that there are no discrepancies between Member States’ Significant funding and other measures are needed in order
provisions, given that the main aim of the proposal is to to encourage a switch to alternative crops over the medium
approximate such provisions. to long term, in the realisation that in the short term, any
alternative crop is not attractive to growers. Similarly, ways
9. Considers that the proposed Article 6, dealing with should be considered for encouraging tobacco processing
labelling, is unsatisfactory. The Committee has doubts companies to switch to other products.
about the effectiveness of this provision, given the tone of
the required warnings (‘smoking kills’; ‘smoking can kill’) 14. Considers that, given the importance of employment and
and the psychological impact of their form (size and public health issues, the two must go hand in hand.
colours).
15. Notes with regret that the Commission has not included
the COR amongst the institutions it intends to report to; 10. Proposes with a view to providing accurate, standardised
information about the constituents of the product — that asks that this omission be corrected in the final text of the
directive. the portion of the packet surface reserved for information
Brussels, 12 April 2000.
The President
of the Committee of the Regions
Jos CHABERT