On Tuesday 20 February, MEPs at the environment and public health committee rejected a motion for a resolution to oppose a new tobacco product traceability system. This motion involved key elements in data storage contracts, given that the other sections have already been adopted (see EUROPE 11916).
It should be recalled that the tobacco product directive (2014/40/EU) sought to introduce a tobacco product traceability system by 20 May 2019 for cigarettes and rolling tobacco and by 20 May 2024 for all other tobacco products (see EUROPE 11859). The Commission therefore presented detailed provisions in September 2017 on a European identification and follow-up system for the legal supply chain (implementing regulation) and a safety mechanism to help detect illegal tobacco products (implementation decision). It also published a delegated regulation on key elements for data storage contracts. This document explains the essential factors in the data storage contracts concluded between manufacturers and tobacco product importers, on the one hand, and a third independent party, on the other, which submitted the draft promotion for a resolution.
The rapporteur, Younous Omarjee, considered that the, “The follow-up and traceability system proposed is not totally under the control of the member states or the Commission. It is not independent from the tobacco industry and goes beyond what is strictly necessary for the implementation of the Protocol for WHO Framework Convention on Tobacco Control (WHO FCTC)”. He was therefore encouraging his colleagues to oppose it and this did not happen on 20 February. The member states adopted the same position on 29 January 2018, which means that the regulation can be published in the EU Official Journal.
Françoise Grossetête MEP (EPP, France) was delighted with this outcome and stated, “Knocking over the table at this stage would have been counter-productive and would have setback the implementation of an effective follow-up and traceability mechanism for a long time to come, which would have benefited the tobacco manufacturers most of all". (Original version in French by Sophie Petitjean)