Brussels, 04/01/2016 (Agence Europe) - According to Advocate General Juliane Kokott of the Court of Justice of the EU, the 2014 directive (2014/40/EU) which harmonises the rules of the member states concerning the production, presentation and sale of tobacco products, and which more specifically bans the sale of menthol cigarettes from 2020 and establishes standards for electronic cigarettes, is valid.
In conclusions to this effect, which were returned on 23 December of last year, she calls upon the Court to reject the case brought by Poland (supported by Romania) challenging the ban on menthol cigarettes and the case brought by major multinationals in the sector against the transposition of the directive in the United Kingdom.
Advocate General Kokott finds that the directive in question is based on the appropriate legal basis (article 114 of the TFEU on internal market harmonisation measures). Contrary to Poland's claims, it contravenes neither the obligation to provide a statement of reasons nor the principles of equal treatment, free competition, proportionality, legal certainty and subsidiarity, and the ban on menthol cigarettes to be brought in from 2020 is in line with the EU's policy for the protection of public health and with the requirements of the World Health Organisation. She also finds that the directive does not infringe the fundamental rights of producers and distributors, in particular the freedom to conduct a business, the freedom of expression and the right to property by laying down standards for the content of cigarette packages (a minimum of 20 cigarettes) and the way these are presented (65% of the front and back surface of the package may be covered by health warnings to have a decisive effect, particularly to young people), or by banning content presenting tobacco in a falsely favourable light. Here again, the directive is in line with the EU's health protection policy.
Finally, the Advocate General takes the view that given the absence of or disparity between the national rules on the issue, the legislator was entitled, with this directive, to introduce a specific regime laying down standard rules for electronic cigarettes (specific warnings, maximum nicotine content of 20 mg/ml, etc.), a new product which is developing rapidly and which may bring about risks to human health or which may, for young people in particular, develop into a gateway to nicotine addiction and traditional tobacco consumption. (Original version in French by Francesco Gariazzo)