WRITTEN QUESTION E-4122/00 by Joachim Wuermeling (PPE-DE) to the Commission. Tobacco products directive.
Date: 2001-01-11
Institutions: European Parliament, Provisional data
Subjects: competence of the Member States, drug addiction, health legislation, health policy, legal basis, narcotic

21.8.2001

EN

Official Journal of the European Communities

C 235 E/75

(2001/C 235 E/080)

WRITTEN QUESTION E-4122/00

by Joachim Wuermeling (PPE-DE) to the Commission

(11 January 2001)

Subject: Tobacco products directive

The new tobacco products directive will shortly be coming before the Conciliation Committee. One of the
subjects at issue will be the content and size of health warnings. In one EU Member State the sale of
certain drugs in small quantities is not subject to criminal prosecution.

1.

2.

Is the Commission aware that the drugs being sold do not carry health warnings?

Does it intend to make provision for health warnings for these products?

3. Would there be an EU legal basis for doing so?

Answer given by Mr Vitorino on behalf of the Commission

(8 March 2001)

Drug policy and drug legislation in the Union are areas of shared competence between the Community
and the Member States. All Member States have ratified the three United Nations Conventions (from years
1961, 1971 and 1988) that provide a common framework for drug legislation throughout the Union.
European Councils have also endorsed the Union drugs strategy (2000-2004) in Helsinki (1999) and the
Union action plan on drugs (2000-2004) (1) in Santa Maria da Feira (2000). These provide a common
framework for all drug-related actions in the Union.

The Union action plan on drugs encourages the Member States to find new and effective ways in drug
prevention and reduction of drug related harm. These activities are also funded through the Community
programme on drug prevention that has just been extended for two years.

The Member States retain the right to certain flexibility on the national implementation of their EC Treaty
obligations and ways to achieve the goals set in the Union action plan on drugs. Therefore, as the
Honourable Member rightly points out, the possession and sale of small amounts of certain drugs does not
always lead to criminal punishment even though the drugs themselves and trade in large quantities may be
considered illegal. The Commission has the following answers to the specific questions made by the
Honourable Member.

1. and 2.
Unlike tobacco products and other legal products, illicit drugs are not covered by Community
legislation on the Internal Market. In case a Member State allows the small-scale supply of these drugs,
decisions on any health warnings fall under its competence.

3.

There are no legal bases for Community rules on health warnings on illicit drugs.

(1) COM(1999) 239 final.

(2001/C 235 E/081)

WRITTEN QUESTION E-4127/00

by Cristiana Muscardini (UEN) to the Commission

Subject: Recovery of competitiveness for certain mountain areas

(11 January 2001)

Article 88(3) of the Treaty on European Union stipulates that (cid:145)the Commission shall be informed, in
sufficient time to enable it to submit its comments, of any plans to grant or alter aid(cid:146). The purpose of this