4 Green Paper on passive smoking
| (28344)
5899/07
COM(07) 27
| Commission Green Paper: Towards a Europe free from tobacco smoke: policy options at EU level
|
| Legal base | — |
| Document originated | 30 January 2007
|
| Deposited in Parliament | 5 February 2007
|
| Department | Health |
| Basis of consideration | EM of 14 February 2007
|
| Previous Committee Report | None
|
| To be discussed in Council | No date set
|
| Committee's assessment | Politically important
|
| Committee's decision | Not cleared; further information requested
|
Introduction
4.1 The purpose of the Commission's Green Paper is to initiate
consultations on the best way to tackle passive smoking in the
EU. It sets out five policy options and invites comments by 1
May on specific questions.
Action so far by the EC
4.2 The Community has already long shown an interest in protecting
people from the effects of passive smoking. For example, in 1989
the Council adopted:
- a Resolution which invited Member States to ban smoking in
public places and all forms of public transport;[18]
- a Framework Directive on health and safety in
the workplace which, although it does not expressly refer to tobacco
smoke, requires employers to assess risks to their workers and
to take preventative and protective measures;[19]
and
- a Directive on minimum health and safety requirements
in the workplace which requires employers to ensure ventilation
and sufficient fresh air in enclosed workplaces and to protect
non-smokers against discomfort caused by tobacco smoke in rest
rooms and rest areas.[20]
4.3 In 2003, the Council adopted a Recommendation
which called on Member States to protect people from exposure
to tobacco smoke in indoor workplaces, enclosed public spaces
and public transport.[21]
4.4 The European Community is also a party to the
World Health Organisation's Framework Convention on Tobacco Control.
Article 8 requires the parties to the Convention to "adopt
and implement … effective legislative, executive, administrative
and/or other measures, providing for protection from exposure
to tobacco smoke in indoor workplaces, public transport, indoor
public places and, as appropriate, other public places".
The Convention was signed by 168 parties (including all the Member
States) and, by mid-December 2006, had been ratified by 141 of
them (including the UK).
The Green Paper
4.5 The Green Paper invites views on what, if anything,
should be done by the Community to protect people from the effects
of passive smoking. It begins by outlining the health, economic
and social considerations the Commission considers relevant. For
example, it notes an estimate that more than 79,000 adults die
each year in the EU (excluding Romania and Bulgaria) as a result
of passive smoking. It also cites research which estimated that,
in 1997, smoking caused Scottish employers a loss equivalent to
between 0.5% and 0.7% of Scottish GDP. Over 80% of respondents
to a Eurobarometer survey in 2006 were totally or somewhat in
favour of a ban on smoking in indoor workplaces and indoor public
spaces (other than restaurants, pubs and bars). The Commission
also says that banning smoking in such places would help reduce
health inequalities. This is because people with lower levels
of education and lower incomes are more likely than others to
be smokers or exposed to passive smoking.
4.6 The Green Paper then summarises the action which
has already been taken by the Community and individual Member
States to reduce passive smoking (most Member States have taken
some action but there are wide variations in the scope and enforcement
of their legislation). The Commission goes on to discuss the pros
and cons of a total ban on smoking in all enclosed workplaces
and public spaces and of a ban with specific exemptions for such
places as restaurants and pubs.
4.7 The Green Paper identifies five policy options
to make indoor public spaces and workplaces free from tobacco
smoke. They are:
i) no new activity by the Community;
ii) voluntary measures (trades unions
and employers could be encouraged and helped to make agreements
on preventative and protective measures or public authorities
could make voluntary agreements with, for example, associations
which represent the owners of pubs and restaurants);
iii) the open method of coordination (Member
States would be encouraged to improve their domestic legislation
and its effectiveness through the exchange of information about
good practice, agreeing common targets and monitoring performance
across the EU);
iv) a non-binding Commission or Council Recommendation
about the action Member States should take to prevent passive
smoking; or
v) binding EC legislation requiring all Member
States to meet minimum enforceable standards of protection.
4.8 Finally, the Green Paper invites views by 1 May
on three main questions:
- which would be preferable:
a total ban on smoking in all enclosed public places and work
places or a ban with exemptions?
- which of the five policy options "would
be the most desirable and appropriate for promoting smoke-free
environments"; and what form of EC intervention would be
necessary to protect people from passive smoking? and
- are there any other health, economic and social
considerations which should be taken into account?
The Government's view
4.9 The Minister of State at the Department of Health
(Caroline Flint) tells us that the Green Paper's:
"main proposals and priorities are in line with
current UK policy on smokefree public places. A comprehensive
smokefree law has been in place in Scotland since March 2006.
Similar laws will be in force in Wales and Northern Ireland in
April and in England from 1 July. However, it is important that
any legal intervention at EU level is within competence and does
not undermine UK smokefree law."
Conclusion
4.10 The Green Paper deals with an important
subject on which there is scope for differences of opinion. In
particular, it seems to us, there is scope for debate about what
action — if any — needs and can properly be taken
by the Community, rather than by each Member State in the light
of its own circumstances.
4.11 Naturally, we agree with the Minister that
any Community action must be squarely within the Community's competence.
We note that the Minister also says that it is important that
any Community intervention "does not undermine UK smokefree
law". We should be grateful if she would enlarge on what
she means. Has the Government a preference between the five policy
options identified by the Commission and what are the reasons
for its preference? In particular, we ask the Minister to tell
us whether new EC legislation, imposing fresh requirements on
Member States, could be adopted without affecting "UK smokefree
law".
4.12 Pending the Minister's reply, we shall keep
the Green Paper under scrutiny.
18 Council Resolution 89/C 189/01: OJ No. C 189, 26.7.89,
p.1. Back
19
Framework Directive 89/391/EEC: OJ No. L 183, 29.6.89, p.1. Back
20
Council Directive 89/654/EEC: OJ No. L 393, 30.12.89, p.1. Back
21
Council Recommendation 2003/54/EC: OJ No. L 22, 25.1.03, p.31. Back
| 
