WRITTEN QUESTION P-1202/98 by Werner Langen (PPE) to the Commission (6 April 1998)

Subject: Ban on the import and sale of chewing tobacco and snuff in Poland

By law of 6 November 1995 the manufacture and sale of all smokeless tobacco products, i.e. tobacco products intended for chewing and sniffing, have been prohibited in Poland since 1 May 1996. Chewing tobacco and snuff are manufactured and consumed legally in all the Member States of the European Union and exported to a number of third countries.

Since the introduction of the ban on sales in Poland many European manufacturers of the tobacco products concerned have been prevented from exporting them to Poland, previously one of their most important markets.

Although Article 35 of the Europe Agreement permits Poland to restrict trade with a view to protecting public health, scientifically sound documents justifying such a ban must be presented. The Polish authorities have so far failed to do this, however, there being no evidence of a possible threat to health. I therefore wish to ask the Commission:

1. Does it regard this obstacle as compatible with free trade? If not, what action does it intend to take against it?

2. Does it know how the Polish authorities justify this obstacle to trade?

3. How does it view the fact that, despite what the Polish authorities claim, Directive 89/622/EEC ((OJ L 359, 8.12.1989, p. 1. )) as amended by Directive 92/41/EEC ((OJ L 158, 11.6.1992, p. 30. )) does not in any way ban all smokeless tobacco products, only certain tobacco 'products for oral use', i.e. products for oral use other than traditional products?

4. How does it reconcile Poland's attitude with the fact that Article 68 of the Europe Agreement requires the Polish legislature to adapt its legislation to the Community's, since the 'acquis communautaire' is a requirement for Poland's membership of the Union?

Answer given by Mr Van den Broek on behalf of the Commission (7 May 19987)

The Commission has raised the issue of the Polish ban on imports of smokeless tobacco products with the Polish authorities both at working level and within the joint institutions under the Europe Agreement, namely the association committee and the trade and industry sub-committee.

On these occasions, the Commission has explained to the Polish side that the scope of the definition of smokeless tobacco under Polish legislation which establishes a ban on the imports and sales of nasal tobacco, goes beyond Directive 89/622/EEC as amended by Directive 92/41/EEC of 15 May 1992 amending Directive 89/622/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products, which does not establish such a ban in the Member States for these products. Therefore, the Commission has indicated that the treatment of these products under Polish law constituted a trade restriction measure.

The Polish side has explained that the prohibition of the production, imports and introduction on the market of smokeless tobacco was based on the recommendations of the World health organisation. Supporting documentation has been submitted to the Commission. With regard to the ban on the imports of these products, Poland invokes Article 35 of the Europe Agreement, which allows it to take trade restriction measures when these are based on health considerations and are non-discriminatory in nature.

The Commission has indicated that the above-mentioned Directive formed part of the 'acquis communautaire' which Poland would have to adopt and implement, both pursuant to Article 68 of the Europe Agreement (approximation of legislation) and in view of its accession to the Community. The Commission has therefore invited the Polish side to bring its definition of smokeless tobacco in line with that applicable under the 'acquis communautaire' as soon as possible.