WRITTEN QUESTION E-3610/02

by Jules Maaten (ELDR) to the Commission

(16 December 2002)

Subject: The role of the Netherlands and other EU governments in a possible ban on chocolate cigarettes

1. Is the Commission aware of the European Parliament's resolution on the prevention of smoking(1)? It calls on the fifteen governments to ban chocolate cigarettes, a traditional present for the feast of St Nicholas.

2. However, is not this recommendation superfluous, bearing in mind that it has already been decided within the framework of the World Health Organisation(2) that such presents for children should be banned and bearing in mind that, when the WHO adopted this approach, it had the support of the Commission and of the Fifteen, including the Netherlands?

3. Will tobacco consumption really be reduced by such a ban, and should the smuggling of chocolate cigarettes be prevented? Does the Commission know whether people who do not in person consume them have problems with slipstream chocolate?

4. Mr Giscard d'Estaing, chairman of the Convention, was recently received in audience by the Pope. Will the Commission go one better and seek an audience with St Nicholas to ask his assistance in calling the fifteen unruly governments to order?

(1) Resolution of 21 November 2002.

(2) WHO Framework Convention on Tobacco Control.

Answer given by Mr Byrne on behalf of the Commission

(17 January 2003)

1. The document referred to by the Honourable Member is the Council Recommendation on the prevention of smoking and on initiatives to improve tobacco control, which was adopted by the Council on 2 December 2002. The Parliament prepared an own-initiative report on the Recommendation, suggesting i. a. the prohibition of cigarette sweets and toys. This suggestion is reflected in the Recommendation adopted by the Council, which does in fact call on Member States to prohibit the sale of sweets and toys intended for children and manufactured with the clear intention that the product and/or packaging would resemble in appearance a type of tobacco product.

2. As mentioned in the question, the draft text of the World Health Organisation's (WHO) Framework Convention for Tobacco Control (FCTC) has a similar provision. However, this does not mean that the relevant provision in the Recommendation is superfluous. The FCTC is being negotiated at present, so the Commission does not yet know the final text of the Convention, nor who will sign and ratify the Convention. The Council's Recommendation therefore gives a positive signal to the negotiating process on this issue, and will hopefully encourage the Parties to the FCTC to adopt a similar provision, which would then be implemented at a global level.

3. As a general remark, the Commission would like to stress the importance of a comprehensive tobacco control policy as a public health priority. This is especially important as regards the protection of children and young people from the marketing activities of the tobacco industry, and cigarette toys and sweets may very well entice children to try the real product at a later stage. The focus of the provision, therefore, is to protect young people from ruthless marketing activities.

4. The Commission is in fact in close contact with Mr Zwarte Piet in the secretariat of St Nicolas and has suggested pepernoten as a suitable alternative for children, but so far no meeting has been confirmed.