WRITTEN QUESTION E-0050/03

by Bart Staes (Verts/ALE) to the Commission

(21 January 2003)

Subject: Byrne-FIA correspondence on tobacco advertising

A copy of a letter dated 13 December 2002 from Max Mosley, President of the International Automobile Federation, FIA, to David Byrne, the European Commissioner with responsibility for consumer affairs, shows Mosley putting forward the view that by fixing the introduction of the European ban on tobacco advertising for 31 July 2005 Byrne failed to take account of motorsport sponsorship considerations. The 1998 directive annulled by the European Court of Justice set 1 October 2006 as the date on which that ban would come into force. Mosley draws attention to motorsport's sponsorship needs and hints that Formula 1 may turn its back on Europe for a considerable period of time. Adopting an aggressive tone at times, Mosley suggests that Commissioner Byrne bears full, personal responsibility for this state of affairs.

It would appear from Mosley's letter that intensive talks were held between the FIA and the European Commission, and Commissioner Byrne in particular, concerning the date on which the ban would be introduced. Amongst other things, Mosley writes that in a letter of December 2001 he informed Commissioner Byrne of the advice given to the racing teams and voiced the FIA's concern that the earlier date might create problems in connection with the worldwide ban due to come into force in 2006. According to Mosley, the Commissioner replied that the Commission was aware of the problem and that the Council and Parliament had still to give their opinions on the date in question. Likewise according to Mosley, in the course of discussions with the Commissioner and his staff the FIA was encouraged to lobby Parliament with a view to securing an amendment deferring the date of entry into force to 2006.

Mosley concludes by pointing out that the current European approach may serve to prevent the introduction of a worldwide ban on tobacco advertising, given that non-EU countries will exploit the confusion by proposing events not subject to any sponsorship restrictions. Mosley hopes that the WHO Convention will succeed in establishing the level playing field urgently needed at world level.

Can the Commission state whether Mosley's version of the facts is accurate? Did Commissioner Byrne or his staff in fact urge the FIA to lobby Parliament and the Council?

What standpoint is the European Commission adopting on this matter in the WHO?

What steps has the Commission now taken in order to protect the health of European citizens not only by means of a ban on tobacco advertising, but also through lower subsidies for tobacco growing?

Answer given by Mr Byrne on behalf of the Commission

(24 February 2003)

On several occasions, Mr Mosley, the President of the International Automobile Federation (FIA), expressed to the Member of the Commission responsible for Health and Consumer Protection and to his staff his concern about the implementation date for the proposed Directive on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products(1).

On these occasions, the FIA was informed that this matter was subject to discussion within the Council and the Parliament as a normal part of the co-decision procedure.

The report of the Committee on Legal Affairs and the Internal Market of the Parliament, which was presented and voted in the Plenary on 20 November 2002, included two amendments in the sense apparently supported by the FIA. The Member of the Commission responsible for Health and Consumer Protection had indicated to the European Parliament that the Commission would be willing to accept such amendments. Neither of these were adopted by the Parliament.

Within the context of the negotiations of the World Health Organisation (WHO) Framework Convention on Tobacco Control, many countries have expressed very strongly their commitment regarding the prohibition of tobacco advertising and sponsorship. The Commission shares this view and will make all the efforts to ensure that the final text reflects the existing Community legislation in this area. The fact that the Community decided to ban the sponsorship of international events by tobacco companies clearly shows that the Community is seriously engaged in the fight against tobacco consumption, which will hopefully strengthen other countries determination to do the same.

Regarding tobacco subsidies, the Commission stressed the need to adapt the [Community's] tobacco regime at the end of its review in 2002 so as to allow for the phasing out of tobacco subsidies while putting in place measures to develop alternative sources of income and economic activity for tobacco workers and growers and decide on an early date accordingly in its Communication A Sustainable Europe for a Better World: A European Union Strategy for Sustainable Development(2).

The Commission consequently presented to the Council and to the Parliament a proposal(3), which included an explicit reference to the phasing out of tobacco subsidies. Both the Parliament and the Council were opposed to the inclusion of such reference in the text.

(1) OJ C 270 E, 25.9.2001.

(2) COM(2001) 264 final.

(3) Proposal for a Council Regulation fixing the premiums and guarantee thresholds for leaf tobacco by variety group and Member State for the 2002, 2003 and 2004 harvests and amending Regulation (EEC) No 2075/92, COM(2001) 684 final.