Expectations of ban on tobacco advertising rise

Date: 04/09/1997

By Michael Mann

THE chances of an EU-wide ban on tobacco advertising have increased following the leak of a draft compromise on the issue prepared by Luxembourg's health ministry.

The paper will face its first test next Tuesday (9 September) when health experts from the 15 EU governments gather in Brussels to discuss developments.

Among the key changes to the European Commission's existing plans are proposed exemptions from the ban for specialist trade journals, publications originating outside the EU and “advertising of tobacco products between individuals”.

Crucially, Luxembourg suggests allowing sponsorship by tobacco companies to continue for three years after the new rules come into effect.

Opposition to a ban has been fuelled in some quarters by fears of the detrimental effects it would have on a range of sporting and cultural events.

With the new paper yet to be formally tabled, officials in the countries traditionally opposed to a ban are cagey about giving a formal reaction.

But a senior official in Bonn suggested the tide was definitely turning in favour of Health Commissioner Pádraig Flynn's cherished project.

“We are sticking to our opposition to the ban, but since the UK changed its attitude, it is looking increasingly like resistance is fading,” he said, adding: “I have a feeling the Danes will change sides, and there have even been suggestions the Dutch will fall in behind the planned prohibition.”

Previous attempts to introduce European legislation have failed in the face of a blocking minority comprising Germany, the Netherlands, the UK, Denmark and Greece. A British change of heart would be enough to muster a qualified majority in favour.

Germany claims it faces a greater problem than the other four countries.

“Our hands are tied by votes in both houses of parliament. If this were just a health matter, it would be simple, but tobacco advertising has considerable economic implications,” said the official.

But Dutch officials, aware of the strength of the tobacco industry in their country, denied there had been any change in thinking in The Hague. “We have voluntary agreements with industry, but the Netherlands remains formally opposed to the ban,” said one.

The Luxembourg paper appears to answer most of Denmark's fears, given Copenhagen's strident opposition to laws which might prohibit imports of publications from outside the EU.

But Danish diplomats were unwilling to comment on the compromise until it had been thoroughly discussed. “The official Danish position is still one of opposition. This is a very political issue concerning freedom of speech,” said an official.

Greek resistance to the plans remains as implacable as ever. One diplomat claimed that there was “no legal basis for a directive of this kind”.

Meanwhile, the Labour administration in London is using the information gleaned at July's 'anti-smoking summit' to draw up a White Paper on measures to cut down on smoking.

A health ministry spokesman also confirmed that the government would unveil draft legislation for a ban on tobacco advertising at a national level.

This would obviously become less of a priority if EU health ministers were to vote in favour of the revised European proposals the next time they meet on 4 December.

However, Julius Waller, of the European Magazine Publishers' Federation, this week claimed that the proposed compromise would place European publications at a competitive disadvantage to overseas rivals, who could continue to carry tobacco advertisements.

“The whole compromise is a bit of a mess and has no regard for the welfare of the press. This is the pinnacle of hypocrisy, as they're now talking about excluding sports sponsorship. We have argued for years that there is no relation between advertising and smoking and the ban in France has had no effect on smoking amongst the young,” he said.