EU: EP Moves Quickly As Lobby Begins

The European Parliament is moving quickly to deal with the final legislative stage of the Tobacco Advertising Directive, formally adopted on 12 February by the Research Council. The EP Committee meets on 17 March to consider the text and amendments for the committee stage must be put by 31 March. The EP expects to vote on the issue in the May plenary session.

The European Publishers Council (EPC) has published a briefing for all MEPs calling on them to reject the Common Position of the Council of Ministers. In the briefing, the EPC states:

“this is not just a ‘tobacco’ issue. This is not just a health issue. A vote in favour of this legislation will have wider repercussions than the loss of tobacco advertising. A vote in favour will set a damaging precedent for the future of the freedom to advertise and the free circulation of newspapers and magazines throughout the internal market of the EU.”

The briefing offers several reasons why MEPs should reject the Directive, including the following:

• such a ban would be “contrary to fundamental rights of freedom of expression” under the European Convention of Human Rights, article 10.
• the use of Article 100A of the Treaty (which is the legal basis allowing a majority vote in the Council of Ministers for legislation facilitating the completion of the internal market) is the wrong legal justification for banning tobacco advertising and sponsorship. The EPC argues that “if EU Member States wish to restrict advertising for the protection of health, they should do so on the correct legal basis which is currently Article 129. Article 129 does not provide the facility for harmonising legislation but would allow Member States, on the basis of a unanimous decision, to agree collective action for the protection of health.
• the ban is disproportionate in that it will not achieve its stated objective of reducing overall consumption levels.
• the EU’s MS with the highest proportionate numbers of smokers are Italy, France and Portugal, “all of which have imposed tobacco advertising bans over the last 10 years.” Since 1987 consumption has risen by 8 per cent in Italy, 5.24 per cent in France and 7.39 per cent in Portugal.