UK Initiatives

Tobacco control: the EU dimension
Supplementary evidence to the UK Health Select Committee Inquiry

15 February 2000

David Hinchliffe MP
Chairman
Health Select Committee
House of Commons Committee Office
7 Millbank
Westminster
London SW1P 3JA

Dear David

TOBACCO CONTROL: THE EU DIMENSION

When I appeared before the Committee during the course of the hearings on The Tobacco Industry and the Risks of Smoking, an invitation was issued to the BMA to supply the Committee with written submissions on aspects of tobacco control that need to be pursued at European Union (EU) level.

1. Establishing, enforcing and monitoring stringent EU wide rules on tobacco advertising, promotion and sponsorship.
The BMA has been and remains a strong supporter of the EU Directive banning tobacco advertising and sponsorship and trusts that the Government will continue to do its utmost to see that it is implemented at the earliest opportunity. Effective implementation of the Directive will require systems to enforce and monitor the ban.

2. Ensuring accurate and consistent information is available to the European consumer on the content and harms of tobacco products.
The BMA has been active in supporting the proposal issued by The European Commission in November 1999 for an EU Directive on the manufacture, presentation and sale of tobacco products. The BMA hopes that this Directive, which is a single internal market measure, will offer a common degree of consumer protection to smokers across the EU by demanding disclosure of product content including additives and imposing limits on tar, nicotine and carbon monoxide content of cigarettes. In addition, it would require larger and more prominent standardised health warnings to be displayed on cigarette packs. The BMA would also like to see a requirement for the inclusion of appropriate information on how to stop smoking on every pack. The Portuguese, who currently hold the EU Presidency, have said they wish to make progress on this Directive in the Council of Ministers. We hope that the Committee will similarly urge the Government.

One key concern of the BMA is that the current systems of measurement used in determining tar and nicotine yield have, over recent years, been shown to be flawed. In practice, they often bear little resemblance to the dose of carcinogen or drug absorbed by the individual smoker. The BMA has written to David Byrne, the European Commissioner for Health and Consumer protection as well as to the UK Department of Health expressing the need for the EU to give priority to developing and implementing scientifically rigorous methodologies for regulating and monitoring yields of carcinogens, nicotine and carbon monoxide, as well as other toxins.

The BMA asks for the support of the Select Committee in calling for the EU Directive to include the necessary framework for such a system to be set in place.

3. Countering bootlegging and excise fraud.
The public health case for a high level of taxation on tobacco is unquestionable. Tobacco excise fraud and bootlegging occurs, partly because the low penalties for high financial gain make the risk worthwhile, but also because tax on tobacco products in the UK is significantly higher than in a number of other EU Member States. The BMA believes that this price differential should be progressively narrowed by a co-ordinated convergence upwards of taxes on tobacco throughout the EU. The BMA urges the Select Committee to call on the European Commission to present a plan for such a convergence upwards of tobacco taxes when it presents its report this year on Directives EEC/92/79, EEC/92/80 and EEC/95/59 and the system of minimum rates of duty on tobacco products that they establish. We would further ask the Select Committee to ensure that the Government fights for higher taxes on tobacco when these issues are discussed in the Council of Ministers.

Countering more sophisticated international tobacco smuggling will require international co-operation between law enforcement authorities. We feel that police co-operation against tobacco smuggling should be a priority of similar magnitude for the EU as co-operation against the smuggling of illegal drugs. The BMA is particularly concerned at recent indications, gained through analysis of internal tobacco industry documents, that tobacco companies may be implicated, albeit indirectly, in smuggling or bootlegging of their products. The BMA urges the Committee to take whatever course of action may be open to ascertain the facts of the matter, and to encourage EU-wide measures to combat smuggling. The BMA has recommended the introduction of EU-wide tax-and duty-paid stamps and identifying codes on cigarette packs to help to counter tobacco smuggling.

4. Developing a common stance on the Framework Convention on Tobacco Control.
In its evidence to the Select Committee, the BMA expressed its support for the World Health Organisation's Framework Convention on Tobacco Control. The BMA encourages the EU to develop as far as possible a common stance in negotiations on Convention, while reserving the option for the UK Government to take a more proactive position as necessary in the interests of global public health. We would be happy to prepare a specific submission on our recommendations for the UK's stance in these negotiations, should the Committee so wish.

5. Facilitating and financing research, collaborative projects, co-operation, and exchange of best practice between health agencies and NGOs in the different EU Member States.
We believe there are important opportunities for medical and health policy research under the EU's Fifth Framework Programme for Research and Development, as well as for collaborative projects, co-operation, and exchange of best practice between health agencies and NGOs in the different EU Member States. We very much hope that EU support for projects such as the Tobacco Control Resource Centre - which works in partnership with medical associations and doctors across Europe in their efforts to help patients and inform public policy with respect to tobacco - will continue under its new Health Action Programme. The Commission is due to present proposals on this in the coming weeks.

Thank you for this opportunity to inform the Committee of the BMA's position. We remain at your disposal for any further information that you may require,

Yours sincerely,

Sir Alexander Macara