Luxembourg, 09/06/2006 (Agence Europe) - The European Court of Justice has condemned Finland, which is responsible in European law for the conduct of the Åland Islands, which has not transposed the 1989 European directive, modified in 2001, banning the marketing of chewing tobacco. The Finnish government's argument that the Islands are, as a result of their autonomy, solely competent to legislate, was not accepted by the European judges. Finland, they say, did not request an opt-out for the Islands when it joined the European Union, and they must therefore apply the directive.
This type of tobacco is the equivalent of the “snus” which Sweden is authorised to produce and market by virtue of an opt-out obtained when Sweden joined the EU. The Court of Justice confirmed this authorisation in its Swedish Match judgement of 2004, a case in which a Swedish producer wanted to export the product to the UK. The Court stated that the sale of “snus” could only take place within Swedish borders (see EUROPE 8848).
The Åland Islands are a group of more than six thousand islands, more than fifty of which are inhabited. They are located between Sweden and Finland in the entrance to the Gulf of Bothnia. The Islands have been a demilitarised zone since the 19th century - the only demilitarised zone in Europe - and the Society of Nations (SDN) recognised their autonomy in 1921.