On 30 January, 2007, the European Commission issued a public consultation on freeing Europe from environmental tobacco smoke (ETS).
Background
Environmental tobacco smoke is also known as "second-hand smoke" or "passive smoking" and is a known cause of illness and death in the European Union.
The promotion of smoke-free places within Europe began with concern for health and safety at work and has now progressed to country-wide bans on smoking in public places in several countries.
Smoking bans have currently been introduced in Scotland, Ireland, Italy, Malta, Belgium, Sweden and most recently in France. However, the national legislation differs according to each country.
Content of the Green Paper
Firstly, the paper looks at justifications for having smoke-free policies in Europe, taking into consideration the health burden of passive smoking, as well as economic and social considerations.
An awareness of the dangers of passive smoking and a smoke-free environment is expected to help reduce the number of people who smoke, by "denormalising" the behaviour of smoking within society.
The paper outlines the current status of smoke-free regulations at national and EU level. Section 4 then considers the advantages and disadvantages of various forms of regulation: comprehensive smoke-free regulation, versus, smoke-free regulation with exemptions.
These exemptions include a choice of:
exemption for the licensed hospitality sector;
exemption for pubs and bars not serving food; or
enclosed, separately ventilated smoking rooms
Section 5 looks at possible policy options. These include a number of self-regulatory options or binding legislation:
1. No change from the status quo: regulatory developments would be the responsibility of national governments and the WHO Framework Convention on Tobacco Control (FCTC)
2. Voluntary measures: encouraging stakeholders (industry) to adopt common voluntary guidelines at European level
3. Open Method of Coordination: encouraging Member States to link their smoke-free laws
4. Commission or Council Recommendations: this would still require Member States to voluntarily adopt smoke-free legislation, but simply with the guidance of the Commission or Council
5. Binding legislation: this would involve enforceable laws throughout Europe.
EPHA response
EPHA welcomes the consultation and in response to the questions:
EPHA considers a total ban on smoking in all enclosed public places as the only approach that should be adopted.
Among the options described in Section V, EPHA favours a Council/Commission Recommendation on smoke-free work and public places.
In addition, EPHA also considers that the successful implementation of smoke free legislation throughout Europe should be monitored and the Commission should provide a report (or fund research) every two years bearing in mind the following expected milestones: an increase in people’s awareness of the dangers of active and passive smoking, increase of the number of people who successfully quit and the impact so social equity in countries which introduced comprehensive bans.
Finally, we would like to reiterate that the tobacco industry must be excluded from smoke free policy debates because of the unique role of its products in causing harm and because of its track record of deceptive behaviour.
European Parliament response
The European Parliament adopted its first response to the Commission’s Green Paper "Towards a Europe free from tobacco smoke: policy options at EU level." MEPs welcome the Commission’s effort but call more further action as it is only a starting point. The report, which was adopted with 561 votes in favour and 63 against and 36 abstentions, called for broad measures to prohibit smoking in public places and to make it more difficult for under age people to purchase cigarettes.
MEPs have asked the Commission to:
designate environmental tobacco smoke as a class 1 carcinogen
require Member States to impose smoking bans in all enclosed workplaces, including catering establishments, as well as in all enclosed public buildings and transport, within two years
produce a report on the cost incurred to national health systems and the EU economy as a result of smoking.
examine the possibility of an EU-wide ban on the sale of tobacco products to the underage population
consider "an EU-wide high minimum level of taxation of tobacco products"
MEPs also call for the members and staff to take the smoking ban seriously and adopt the rule, with no exceptions, in all areas of the European Parliament.
In addition, MEPs call on Member States to make a commitment "to reduce smoking among young people by at least 50% by 2025."
The EP believes that Directive 2001/37/EC should be updated to toughen the rules on tobacco additives. The report insists that picture warnings be made mandatory on all tobacco products sold in the EU.
Ban on smoking in Europe - Evolution of the legislation
Report: Going Smoke-free: The Medical Case for Clean Air in the home, at work and in public places
