WRITTEN QUESTION E-3207/02 by Kathleen Van Brempt (PSE) to the Commission. Nicotine sweets.
Date: 2002-11-12
Institutions: European Parliament, Provisional data
Subjects: confectionery product, consumer information, health policy, labelling, public health, smoking

8.4.2004

EN

Official Journal of the European Union

C 88 E/579

(2004/C 88 E/0591)

WRITTEN QUESTION P-2951/02

by Rosa Miguélez Ramos (PSE) to the Commission

(14 October 2002)

Subject: Allocation of structural funds

Would the Commission please give details of the allocation by each local authority in Galicia (Spain) of the
monies invested by the structural funds over the 1994-1999 programming period?

Supplementary answer
given by Mr Fischler on behalf of the Commission

(29 April 2004)

The Commission is informed by the responsible authorities in Spain that the information requested for the
region of Galicia is available at the detailed geographical level of the municipalities in incomplete form
only. They have given us the following breakdown by province for the 1994-1999 programming period:

(pesetas)

PROVINCE

ERDF

EAGGF

FIFG

Lugo

La Coruña

Orense

159 842 770 248

1 700 299 862

6 836 285 588

198 227 392 318

885 147 058

23 936 009 296

41 344 303 188

1 416 242 020

(cid:1)

Pontevedra

106 497 819 506

526 301 303

45 759 031 802

Total

505 912 285 260

4 527 990 243

76 531 326 686

They state that owing to the nature of the action financed by the ESF, the large number of Operational
Programmes (multiregional and one regional) involved and the large number of managing bodies acting in
Galicia, the breakdown asked for is very difficult to make. For Galicia as a whole the ESF contribution for
1994-1999 is EUR 576,13 million. This covers both the regional programme and the national level ones.

(2004/C 88 E/0592)

WRITTEN QUESTION E-3207/02

by Kathleen Van Brempt (PSE) to the Commission

(12 November 2002)

Subject: Nicotine sweets

A number of tobacco manufacturers, including British American Tobacco, have announced that they will
shortly be marketing a peppermint containing as much nicotine as a cigarette. The manufacturers have
developed the cigalett as a way of providing smokers, who face a growing number of smoking bans, with
nicotine that they can use at any time and in any place.

What is the Commission’s reaction to this new product?

Will the Commission ban the cigalett?

If not, will Commission warn the public about the addictive effects of this sweet?

What is the position with regard to the labelling of the cigalett?

C 88 E/580

Official Journal of the European Union

EN

8.4.2004

Supplementary answer
given by Mr Byrne on behalf of the Commission

(10 March 2003)

The Commission is very concerned about all types of new products whose purpose could be to lead
consumers into nicotine addiction. As far as the product, namely ‘cigalett’, referred to by the Honourable
Member is concerned, although the Commission does not have definite evidence on the exact composition
of this product, the information available appears to indicate that this product contains tobacco. This
would mean that it falls in the category of tobacco products as defined in Directive 2001/37/EC of the
Parliament and of the Council on the approximation of the laws, regulations and administrative provisions
of the Member States concerning the manufacture, presentation and sale of tobacco products (1) (hereafter,
‘the Directive’) and would not fall under food legislation.

‘tobacco products’ means ‘products for the purpose of smoking, sniffing,
According to the Directive,
sucking or chewing, inasmuch as they are, even partly, made of tobacco, whether genetically modified or
not’. The same Directive defines ‘tobacco for oral use’ as ‘all products for oral use, except those intended to
be smoked or chewed, made wholly or partly of tobacco, in powder or in particulate form or in any
combination of those forms, particularly those presented in sachet portions or porous sachets, or in a form
resembling a food product.’ The product in question appears to fall into this category, because according
to the information available to the Commission, it is made of compressed, powdered tobacco designed to
dissolve in the mouth. The Directive requires that Member States shall prohibit the placing on the market
of tobacco for oral use; however, Sweden has been granted a derogation from this prohibition.

If the product is confirmed to contain tobacco, and if it is intended to be dissolved in the mouth rather
than to be chewed, its placing on the market is prohibited in all Member States but Sweden.

As far as labelling is concerned, according to Article 4 of the Directive, tobacco products for oral use (cid:1)
where their marketing is permitted (cid:1) have to carry the following health warning: ‘This tobacco product
can damage your health and is addictive’.

The Honourable Member can be assured that the Commission will follow developments in this area with
great attention, and take any action within its powers that is required from a public health point of view.

(1) OJ L 194, 18.7.2001.

(2004/C 88 E/0593)

WRITTEN QUESTION P-3445/02

by Wolfgang Ilgenfritz (NI) to the Commission

(27 November 2002)

Subject: Vehicle leasing abroad (cid:1) transfer of the place where the service is supplied to the home Member

State (cid:1) amendment of the VAT Directive

Advocate-General Geelhoed delivered his opinion in Case C-155/01 concerning tax on own consumption
resulting from vehicles leased in another Member State on 10 October 2002. In his conclusions, the
Advocate-General endorses the complainant’s view that the tax levied on own consumption (section 1(1)2
of the Austrian VAT law) in relation to leasing in another Member State contravenes the provisions of the
Sixth VAT Directive. He bases his opinion on Article 9(1) of the Directive, which lays down that, with
regard to the hiring of motor vehicles in the form of leasing, the place where the service is supplied is the
place where the supplier is established.

According to information from the Austrian Finance Ministry, the VAT Directive is to be amended as
follows: the place where the service is supplied is to be transferred from the place where the leasing firm is
established to the place where the firm using the vehicle is established.

Is the Commission in favour of amending the Sixth VAT Directive so as to transfer the place where the
service is supplied from the place where the leasing firm is established to the place where the firm using
the vehicle is established?

If so, when will the Directive be amended?