Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-10-21-Speech-2-190"
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"en.20031021.6.2-190"2
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".
The Community is pursuing a coherent and comprehensive tobacco control policy through legislation including contents, packaging and labelling of tobacco products.
Although it has been able to develop robust tobacco legislation, it faces challenges every day, ranging from litigation to the incorrect implementation of provisions of this legislation.
The honourable Member asks whether cardboard covers into which cigarette packets are put in order to hide the health warning, are against the 'spirit of the directive'. This issue is bound to be considered in the context of implementation of the Tobacco Products Directive. Article 5 of this directive requires that the content of tar, nicotine and carbon monoxide yields should be printed on the cigarette packet and each unit packet of cigarettes must carry general and additional health warnings covering at least 30% of the front and 40% of the back surface, aimed at informing the consumer about the risks of tobacco use.
One of the main purposes of the Tobacco Products Directive is to alert consumers to the health effects of tobacco use through clear and visible health warnings. In this respect, the directive provides that these texts must in no way be hidden, obscured or interrupted by other written or pictorial matter or by the opening of the packet.
If the cigarette packet and the cardboard cover are sold separately, it could be argued that this is not in direct contradiction with the provisions of the directive which concerns the sale of tobacco and not the sale of cardboard. If the cardboard cover is purchased voluntarily by the consumer, this then is an individual decision made by the consumer who has no doubt noticed the texts and the health warnings and, presumably, does not like to see them. So, in this context the purpose of the directive of informing the consumer about the health effects of tobacco use has been met.
However, where the cardboard is promoted directly or indirectly by the cigarette manufactures themselves and, for example, is given free of charge in tobacco shops, even where it is proposed or sold separately, this might affect the sale of tobacco which falls within the scope of the directive and jeopardise its useful effect. It could then be seen, as the honourable Member suggests, as going against the spirit of the directive.
The Commission is aware, for instance, that in some cases these cardboard covers are on sale at government-licensed tobacco shops, and brochures advertising them are sent to the tobacco shops by the same distribution companies that bring the tobacco. It is up to the Member States to take all necessary measures to ensure the correct implementation of the directive. The Commission urges the national authorities in charge of its implementation to be vigilant in that respect. The Community has a powerful legal instrument which needs to be implemented correctly.
The Commission will analyse all practical issues emerging from the implementation of the directive and will report to Parliament before the end of 2004."@en1
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