1 The manufacture, presentation and sale
of tobacco and related products
| (34587)
18068/12
COM(12) 788
+ ADDs 1-7
| Draft Directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products
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| Legal base | Article 114 TFEU; co-decision; QMV
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| Department | Health
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| Basis of consideration
| Minister's letter of 2 December 2014
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| Previous Committee Reports
| HC 83-xx (2013-14), chapter 1 (6 November 2013);
HC 83-xiii (2013-14), chapter 1 (4 September 2013);
HC 83-viii (2013-14), chapter 5 (3 July 2013);
HC 83-vi (2013-14), chapter 1 (19 June 2013);
HC 83-v (2013-14), chapter 5 (12 June 2013);
HC 86-xxx (2012-13), chapter 3 (30 January 2013)
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| Discussion in Council
| No date set |
| Committee's assessment
| Legally and politically important
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| Committee's decision
| Recommended for debate in European Committee C (decision reported on 4 September 2013)
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Background and previous scrutiny
1.1 The draft Directive would replace the existing
regulatory framework for tobacco products, which has been in force
for more than a decade, and introduce a number of changes which
are intended to take account of scientific, market and international
developments, including the entry into force of the World Health
Organisation Framework Convention on Tobacco Control in 2005.
Our earlier Reports provide a detailed overview of the draft
Directive and its scrutiny history.[1]
1.2 At our meeting on 4 September 2013, we recommended
the draft Directive for debate in European Committee C. At the
time, the European Parliament was expected to approve a negotiating
mandate for trilogue discussions at its plenary session in September.
In the event, the plenary vote was postponed until October.
The Parliamentary Under-Secretary for Public Health (Jane Ellison)
wrote to us shortly afterwards setting out the European Parliament's
position on key aspects of the draft Directive. Our Twenty-second
Report, agreed on 6 November, provides further details.
1.3 We noted the importance of the issues at stake,
as well as the political impetus to conclude negotiations by the
end of the year, and underlined that the debate in European Committee
C should take place at the earliest opportunity. In a subsequent
letter to the Minister, we expressed concern at the delay in scheduling
the debate and asked her to confirm a date as a matter of urgency,
adding:
"We understand that
trilogue discussions are proceeding at a pace, yet the various
texts being considered by the parties concerned are classified
as limité meaning that their contents may not be
made publicly available. We consider this to be a highly unsatisfactory
state of affairs, given the level of public interest in the outcome
of the negotiations. We trust that, during the debate, you will
be in a position to provide Parliament with a detailed explanation
of the progress of trilogue negotiations, highlighting the key
issues in contention and the Government's position on them."[2]
The Minister's letter of 2 December 2013
1.4 The Minister (Jane Ellison) apologises for the
delay in setting the date for the debate, confirms that it will
take place on Monday 16 December 2013 and looks forward to the
opportunity to explain the progress of negotiations in greater
detail. She continues:
"As I informed you in
my letter of 31 October, following the European Parliament vote
on 8 October, trilogue negotiations are ongoing. As expected,
these negotiations have focused on key areas of UK interest such
as how to ban characterising flavours, the regulation of e-cigarettes
and cross-border sales of tobacco products.
"On nicotine-containing
products, the Government are listening carefully to the arguments
that are being made by the European Parliament for the approach
that they support (for e-cigarettes to continue to be made available
as general consumer goods, with specific regulatory requirements
in place) and the position of other Member States on the regulation
of these products. As you would expect, we are contributing
to efforts that are being made by the Presidency to identify whether
an acceptable compromise can be found on the regulation of e-cigarettes.
I will stay in close touch with the Committee on developments
regarding the regulation of nicotine containing products.
"Due to the sensitive
nature of the negotiations I am as yet unable to provide the detail
of possible compromises in this letter. I fully appreciate that
your Committee is entitled to regular updates but, as I am sure
you understand, our first priority must be to maintain UK efforts
to best pursue our negotiating objectives.
"I can assure you that
we are continuing to press hard to achieve the UK's priorities
and that I will regularly update you on the final stages of the
negotiation as soon as information is available. The next trilogue
will be held on 3 December and I will write to you again shortly
after this to inform you of any further provisional compromises
reached. As per the Presidency's aim, trilogue negotiations will
hopefully be concluded by the end of the year with a view to adopting
the revised Directive before the end of the current Parliament
in May 2014. As such, I expect to be able to write to you informing
you of the final outcome of the negotiations shortly after the
Committee C debate on 16 December.
"I greatly appreciate
your understanding of the sensitivity of these negotiations. I
and my officials stand ready to provide any further information
to you that would be helpful."
Conclusion
1.5 We note the significant difference in approach
towards the regulation of non-tobacco, nicotine-containing products
(such as e-cigarettes) taken by the European Parliament and the
Council and the absence, so far, of any indication as to how this
difference can be bridged. Whilst recognising the sensitivity
of the negotiating process, we think it imperative that Parliament
should have further information on the scope of the compromises
being considered, as well as the factors that the Government will
take into account in determining whether an acceptable compromise
can be reached. We ask the Minister to report back on the outcome
of trilogue negotiations taking place on 3 December so that the
information we have requested is available to Parliament in advance
of the debate on 16 December.
1 See headnote. Back
2
Letter of 27 November 2013 from the Chairman of the European Scrutiny
Committee. Back
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