WRITTEN QUESTION E-2546/03 by Jules Maaten (ELDR) to the Commission. Evaluation of tobacco products.
Date: 2003-07-30
Institutions: European Parliament, Provisional data
Subjects: European Commission, application of EU law, operation of the Institutions, public health, report, scientific report, tobacco, tobacco industry

27.3.2004

EN

Official Journal of the European Union

C 78 E/125

Does it consider the agreements between the Holy See and the Spanish State to be incompatible with the
EC Treaty and the EU Treaty, and does it believe that the Kingdom of Spain has taken all appropriate steps
to remove the incompatibilities?

Does it believe that complaints against infringements of the Constitution should be brought only through
the country’s national law, or can they be taken into consideration by the Community institutions as
serious violations of the rule of law and democracy?

(1) OJ L 376, 31.12.1991, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(18 September 2003)

The matters raised by the Honourable Member have not been referred to the Commission.

With regard to VAT, I would refer the Honourable Member to the reply to his Written Question P-3773/
02 (1).

(1) OJ C 161 E, 10.7.2003, p. 142.

(2004/C 78 E/0127)

WRITTEN QUESTION E-2546/03

by Jules Maaten (ELDR) to the Commission

(30 July 2003)

Subject: Evaluation of tobacco products

Article 11 of Directive 2001/37/EC (1) requires that the Commission submits by 31 December 2004 a
report to the European Parliament on the application of the said directive.

More specifically Article 11 of Directive 2001/37/EC states, amongst other things, that scientific and
technical experts should assist in preparing the report and that the report should include an evaluation of
tobacco products which may have a potential to reduce harm.

1. What measures has the Commission taken to involve scientific and technical experts in producing
the report, particularly in view of the evaluation of tobacco products which may have a potential to reduce
harm?

2. Will the Commission report, as required by Article 11 of Directive 2001/37/EC, include an evaluation
of tobacco products which may have a potential to reduce harm?

(1) OJ L 194, 18.7.2001, p. 26.

Answer given by Mr Byrne on behalf of the Commission

(11 September 2003)

The Honourable Member asks in particular what measures the Commission has taken to involve scientific
and technical experts in producing the report required by article 11 of Directive 2001/37/EC (1) on the
manufacture, presentation and sale of tobacco products, particularly ‘in view of the evaluation of tobacco
products which may have a potential to reduce harm’. In addition, the Honourable Member asks if the said
report will include an evaluation of tobacco products, which may have a potential to reduce harm.

The recent opinions and reports from the scientific community make it very clear that the issue (possible
‘harm reduction’ tobacco products) referred to in the written question must be very carefully analysed. The
matter is complex and difficult, and the Commission intends to get a comprehensive and balanced analysis
and scientific advice. To be able to achieve this, the Commission intends to involve appropriately the
scientific community and the Regulatory Committee in this process while preparing the report. The
Commission has already had preparatory consultations with scientific experts in the field. The first expert

C 78 E/126

Official Journal of the European Union

EN

27.3.2004

consultation involving all Member States will take place on 29 September 2003, after which the direction
to be taken should be clear.

The report containing, as foreseen in the Directive, an evaluation of tobacco products that may have the
potential to reduce harm is due by the end of 2004.

(1) Directive 2001/37/EC of the Parliament and of the Council of 5 June 2001 on the approximation of the laws,
regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale
of tobacco products (cid:1) Commission statement, OJ L 194, 18.7.2001.

(2004/C 78 E/0128)

WRITTEN QUESTION E-2556/03

by Robert Evans (PSE) to the Commission

(4 August 2003)

Subject: Voting in Mallorcan elections

On 12 March 2003 the European Parliament’s President was asked to urgently investigate complaints that
non-Spanish EU citizens were unable to register to vote in the Mallorca municipal elections that were to
take place in May 2003.

I have subsequently been approached by British citizens who believed they had registered but when they
arrived on the day of the elections, were told they had not been registered and were therefore not entitled
to vote.

As it is a fundamental right of all EU citizens to vote in local and European elections in the country of
residence, does the Commission agree that this inability to vote is a denial of those rights? Will the
Commission investigate this disenfranchisement?

Answer given by Mr Vitorino on behalf of the Commission

(16 September 2003)

The Honourable Member draws the attention to the fundamental right of citizens of the Union to vote in
municipal elections in their Member State of residence, even when they are not nationals of that State. This
right is guaranteed by Article 19 of the EC Treaty and the detailed arrangements for the exercise of the
right were laid down by Council Directive 94/80/EC (1).

Spain has transposed Directive 94/80/EC by Ley orgánica 1/1997. The Commission has received the
following information concerning the practice for entering citizens of the Union to electoral rolls from the
Spanish Authorities: Voters must register in their local municipal population register. This is compulsory
for all persons residing in Spain, whether Spanish or not, and these registers are used as the basis for the
national electoral roll.

Oficina del Censo Electoral (the Electoral Roll Office) keeps a constantly updated register of voters who are
non-national Union citizens, reflecting any changes to municipal population registers involving the latter.
It receives the personal details of voters from local population registers.

The Spanish law provides that non-national Union citizens residing in Spain must indicate their wish to
vote in municipal elections, when voting for the first time. To comply with this requirement, the Electoral
Roll Office sends a reminder to all non-national Union voters three months before the elections take place,
to indicate whether or not they wish to vote. The appropriate form is attached, with instructions in all
Community languages and a pre-paid envelope is provided for the reply. The forms are also available at all
Spanish local authority headquarters six months before the elections. As regards those Union citizens who
are already entered into electoral rolls, the letter functions as a reminder about the forthcoming elections.