Brussels, 18/12/2013 (Agence Europe) - The member states reached an agreement on the tobacco directive at the end of the final round of negotiations on Wednesday 18 December. When they parted on Monday evening it was on a null and void agreement, as differences of opinion subsisted on the framework for electronic cigarettes (see EUROPE 10987). The parties welcomed the agreement even if, within the European Parliament, there are differences of opinion between the various political families. “The agreement reached today is a huge step forward towards a healthier and more prosperous society”, said Lithuanian Health Minister Vytenis Povilas Andriukaitis, speaking on behalf of the Council. “The new directive will ensure that tobacco products look like and taste like tobacco products and will help to discourage young people from taking up smoking”, said Commissioner for Health,Tonio Borg. The rapporteur for the EP, Linda McAvan (S&D, UK), said that “we have a balanced text, which can deliver on its key objective: banning misleading flavours and products and deterring young people from smoking”. The next stage will be the formal adoption of the agreement by the Council and the EP. The latter will take position at a plenary session early next year. If the process goes according to plan, the new rules will enter into force from 2016 and the member states will have two years to transpose them into their national legislations.
Although the negotiators reached a consensus on the various provisions of the text within a reasonable period of time, electronic cigarettes, which were not covered by the previous version of the directive, caused them a considerable headache. The compromise reached establishes that electronic cigarettes will be considered as consumer goods. Member states which currently treat them as medicines will be able to continue to do so if the products fulfil the criteria laid down for pharmaceutical products. At the moment, 15 member states categorise them as pharmaceutical products. Additionally, the nicotine concentration of the devices may not exceed 20mg/ml. Refillable cartridges are authorised (the Commission wanted to ban these), but their capacity must be limited to 2 ml. However, a clause has been brought in allowing the Commission to ban refills if three or more member states request this. Additionally, the Commission must present a report two years after the adoption of the text on the risks to health of electronic cigarettes. As for the flavours used to perfume the nicotine vapour, each member state will be entitled to legislate on a case-by-case basis to authorise or ban this. The compromise agreement also lays down the following provisions: 1) so-called characterising flavours, such as fruit flavours, chocolate, vanilla or menthol, will be banned. However, menthol flavours will have a derogation valid for four years after the directive enters into force. Flavours will continue to be authorised for water pipes, as will additives considered necessary for tobacco production, such as sugar. The Commission will also draw up a “priority list” of authorised additives; 2) health warnings combining text and image must feature on both sides of the packet and cover 65% of the surface. Misleading indications such as “natural” or “organic” will be banned, as will packets of fewer than 20 cigarettes; 3) a traceability system will be set in place, together with safety measures to reinforce the fight against the illegal trade in tobacco products and counterfeit products. The member states will continue to be free to decide whether or not to authorise distance sales. The compromise also gives the member states the option to adopt, under certain conditions, more stringent measures than those laid down by the directive, such as limiting additives still further or opting for plain packaging, for example. (IL/transl.fl)