EN Official Journal of the European Union CE 84/395

(2004/C 84 E/0458)

WRITTEN QUESTION E-0432/04

by Helle Thorning-Schmidt (PSE) to the Commission

(17 February 2004)

Subject: Passive smoking

The Commission has repeatedly stated that passive smoking is a health problem. Much research into the matter has shown that people who are exposed to passive smoking, particularly at work, can suffer serious health problems.

Does the Commission agree that passive smoking is not only a health problem but also a problem associated with the working environment? Will the Commission submit proposals for legislation to protect workers against the health risks caused by smoking in the work-place? If so, how will the Commission proceed and what is the timetable for any such measures?

Answer given by Mr Dimas on behalf of the Commission

(31 March 2004)

The Commission agrees with the Honourable Member that environmental tobacco smoke is not only a health problem but also an occupational risk. Studies have shown that regular exposure to tobacco smoke can lead to a 25 % increased risk of smoking related diseases such as cancer and cardiovascular disease.

Several health and safety at work directives have already established restrictions on smoking at work. This is the case of Council Directive 89/654/EEC (1) that mentions that measures must be introduced for the protection of non-smokers against discomfort caused by tobacco smoke, in rest areas and rest rooms. In addition, Council Directive 90/394/EEC (2) provides for the use of ‘non-smoking’ signs in areas where workers are exposed or likely to be exposed to carcinogens. Moreover, Council Directive 92/85/EEC (3) lists carbon monoxide as one of the chemical agents for which the employer should assess the nature, degree and duration of exposure of pregnant workers and workers who have recently given birth or are breastfeeding. This shall be followed by further action by the employer to ensure that the exposure of these workers to such risk is avoided. Last but not least, Council Directive 89/391/EEC (4) establishes, as an obligation on the employer, possession of an assessment of the risks to safety and health at work, including those facing groups of workers exposed to particular risks.

Therefore, passive smoking has already to be considered in risk assessment and appropriate preventive measures implemented. These measures of varying technical and/or organisational nature will depend on the characteristics of the workplace and not necessarily lead to a total ban.

Any Community legislation for further protection of workers against the health risks arising from exposure to tobacco smoke would be based on Article 137 of the EC Treaty.

The choice of the policy instrument for further protection of workers against the health risks arising from exposure to tobacco smoke needs to be considered carefully. Tobacco smoke is considered not only carcinogenic and reprotoxic but also responsible for other respiratory and cardiovascular diseases. Therefore, it would need to be assessed if the Framework Directive 89/391/EEC, the ‘Carcinogens Directive’, the ‘Chemical Directive’ and the other Directives mentioned above do not already provide enough protection to workers' health, before any decision on the future course of action is taken.

The European social partners would need to be consulted, under Article 138 of the EC Treaty, before any detailed proposal is put forward by the Commission. They may decide to negotiate an agreement under Article 139. At a later stage, the Advisory Committee on Safety and Health at Work would need to be consulted as well.

In the meantime, the Commission continues to encourage the development of measures at Member State and regional level. At this level, there has been considerable activity recently with Ireland on the verge of becoming the first Member State to introduce smoking bans in bars and restaurants at the end of March 2004. The Swedish Parliament has just announced its intention to pass workplace bans in 2005. Elsewhere, the Spanish Government is looking into the feasibility of a total workplace ban, particularly in bars and restaurants and the United Kingdom Government is consulting on the possibility of moving this decision making to city councils.

(1) Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16(1) of Directive 89/391/EEC), OJ L 393, 30.12.1989.

(2) Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), OJ L 196, 26.7.1990.

(3) Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), OJ L 348, 28.11.1992.

(4) Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work, OJ L 183, 29.6.1989.