92000E3221

WRITTEN QUESTION E-3221/00

by Glyn Ford (PSE) to the Council

(20 October 2000)

Subject: Tobacco directive derogation

The common position on the EU Directive on Tobacco will ban the manufacture in and export from the EU of cigarettes of above 10 mg of tar from 1 January 2004 in 14 out of the 15 Member States. It will, however, include a derogation for Greece that will allow manufacture, distribution and export of cigarettes above this level until 2007. Is this not a clear breach of single market and competition legislation which will discriminate against other EU manufacturers, particularly in the UK, who would be affected by a similar social economic impact?

Reply

(26 February 2001)

The common position adopted by the Council on 31 July 2000(1) provides that, as from 1 January 2004, the yield of cigarettes released for free circulation, marketed or manufactured in the Member States shall not be greater than 10 mg per cigarette for tar.

As you have pointed out, the common position includes a temporary derogation for Greece with regard to the maximum tar yield of cigarettes manufactured and marketed within its territory. As a result, it will not be possible for cigarettes manufactured in Greece with tar yields over 10 mg to be marketed outside Greece.

As the Honourable Member is aware, this directive is intended to promote the elimination of those differences between the Member States' laws, regulations and administrative provisions on the manufacture, presentation and sale of tobacco products which impede the functioning of the internal market.

As a consequence of the case law of the Court of Justice, Community legislation should be applied uniformly in all the Member States. However, a derogation is possible when, as in this case, the derogation is objectively justified and limited in time.

(1) OJ C 300, 20.10.2000, p. 49.