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Europe Daily Bulletin No. 10938
PLENARY OF EUROPEAN PARLIAMENT / (ae) health

Parliament decides e-cigarettes are not medicine

Brussels, 08/10/2013 (Agence Europe) - The European Parliament has successfully warded off attempts by cigarette manufacturers once again to delay the revision of the tobacco products directive with its adoption, by 560 votes to 92, with 32 abstentions, of the report by Linda McAvan (S&D, UK) in plenary session in Strasbourg. At the same time, it gave the go-ahead for negotiations with the Council of Ministers and the European Commission to begin this autumn, granting McAvan a negotiating mandate. Amendment 170, put down by the EPP with the support of the ALDE and ECR Groups, calling for electronic cigarettes not to be classed as pharmaceutical products, was ultimately adopted after a very lively debate revealing very divided views.

The particularly intensive lobbying by the tobacco industry which continued right into the seating area of the Chamber on the day of the vote with lobbyists filming the debate in a final attempt to influence speakers was strongly criticised by many MEPs. The rapporteur, Linda McAvan, was warmly congratulated for having successfully carried out high quality work despite the enormous pressure to which she was subjected. Common sense prevailed on the major issues, and there is a sound basis for negotiations with the Council, McAvan said, criticising the less spectacular but equally aggressive lobbying of e-cigarette manufacturers. “This vote was of the highest importance, both politically and symbolically, because it shows just who really rules in Brussels”, stated Greens deputy leader Michele Rivasi (France). Lithuanian Health Minister Vytenis Povilas Andriukaitis, who will lead the talks for the Council, said he had no doubt as to the positive outcome of the vote. “We have consistently worked in this direction. A series of bilateral meetings, steady relationship with MEPs allowed uniting politicians whose priority was clear: the health of EU citizens”, he said. Health Commissioner Tonio Borg was more circumspect: “It's not the end of the road but this will allow us to take the process of negotiations forward and to engage with Council in order to come to a meaningful agreement on the file”.

Twelve years after the current directive came into force, smoking is still the main cause of preventable deaths. Around 700,000 people die every year as the direct result of tobacco products. The Parliament has finally voted for health warnings to cover 65% of the surface of tobacco packaging, health warnings which have to feature at the top of packets, and for member states to be allowed to require neutral packaging. A ban on flavoured cigarettes, including menthol cigarettes, was passed (the Commission and the Council are also in favour of such a move), though for the latter only after a temporary exemption of eight years. Additives essential to the production of tobacco, such as sugar, will still be allowed, as will other substances but only in strictly controlled concentrations. If they wish authorisation of a further additive, manufacturers would have to lodge an application with the Commission. E-cigarettes are to be more closely regulated but will continue to be considered to be tobacco products and should carry health warnings and contain no more than 30mg/ml. They should not be sold to children under the age of 18. Manufacturers will also be required to submit to the competent authorities a list of all the ingredients that their products contain. E-cigarettes will be subject to the same advertising restrictions as tobacco products. MEPs also want to illegal trade to be tackled more effectively, and call for a mark on packaging enabling tracing. Calls for a ban on slim cigarettes were rejected but slim packets of fewer than 20 cigarettes that could easily be confused with cosmetic wrappings (such as lipstick) or sweets, and on which it would be difficult to put warnings, have been banned. While all the traditional political families have welcomed the way the review is going, the Greens have complained that the text has been watered down, under pressure from the EPP which gave way to the tobacco industry, they claim. They are critical of amendment 170 which does not consider e-cigarettes to be a medicine, the over-long delay in banning menthol cigarettes and authorisation of the sale of slim cigarettes. Also regretting the adoption of amendment 170, Belgian Socialist Marc Tarabella brandished the threat of an e-cigarette market dominated by the tobacco industry, stating that the major cigarette manufacturers had already anticipated the change, buying up e-cigarette brands. “They will be able to offer the evil and the remedy”, he said.

Negotiations with the Council and the Commission will be opened immediately, with a first trilogue meeting likely next week, McAvan announced. While the size of health warnings is unlikely to pose any problems in discussions (the Council, like the Parliament, voted for 65% of the packet surface), the debate will be more difficult over e-cigarettes, Parliament having taken the opposite tack from the Council in not considering them to be a pharmaceutical product. The Council, virtually unanimously, came to the opposite conclusion on 21 June. “We have to find a compromise. … It's difficult to predict but I'm sure there's a base for compromise”, commented McAvan. She is hopeful a compromise can be reached with the Council before the winter holidays. (IL/transl.fl)

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