Explanatory Memorandum to COM(2009)328 - Smoke-free environments

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dossier COM(2009)328 - Smoke-free environments.
source COM(2009)328 EN
date 30-06-2009
Tobacco is the single largest cause of avoidable death, disease and disability in the European Union (EU), claiming around 650 thousand lives each year.[1] Exposure to environmental tobacco smoke (ETS) – also referred to as second-hand tobacco smoke – is a significant additional source of mortality, morbidity and disability in the EU. ETS contains over 4 000 gaseous and particulate compounds, including 69 known carcinogens and many toxic agents. There is no safe level of exposure to second-hand tobacco smoke.[2] ETS has been shown to have immediate adverse effects on the cardiovascular system and to be a cause of coronary heart disease and lung cancer in adults. There is also evidence that ETS may cause stroke, asthma and chronic obstructive pulmonary disease (COPD) in adults i and worsen pre-existing conditions such as asthma and COPD.[4] ETS is particularly harmful to children, causing asthma, pneumonia and bronchitis, respiratory symptoms, middle ear disease, and sudden infant death syndrome.[5] In addition to the health risk, exposure to tobacco smoke at home and in public places could increase children's perceptions about smoking as common adult behaviour and thus could make it more likely that they will become smokers themselves.

According to conservative estimates, 7 300 adults including 2 800 non-smokers died as a result of ETS exposure at their workplace in the EU-25 in 2002. The deaths of a further 72 000 people, including 16 400 non-smokers, were caused by ETS exposure at home.[6] The Impact Assessment accompanying this proposal estimates that workplace exposure to ETS accounted for 6 000 deaths, including 2 500 non-smokers, in the EU in 2008. This translates into a significant cost to the economy, including over 1.3 billion euro in direct medical costs and over 1.1 billion euro in indirect costs linked to productivity losses. A significant additional health and financial burden is associated with exposure to tobacco smoke suffered by non-staff members such as the customers of bars and restaurants.

Great progress towards smoke-free environments has been made in recent years in some Member States. So far, comprehensive smoke-free laws covering indoor workplaces and public places have been adopted in over a third of EU Member States. However, significant differences in the level of protection from exposure to tobacco smoke persist both between and within Member States. Hospitality workers are the most vulnerable occupational group due to the lack of comprehensive protection in the majority of Member States and the exceptionally high concentrations of tobacco smoke in bars and restaurants.

Comprehensive smoke-free policies already in place in several Member States and outside the European Union have proved to be effective in reducing the tobacco-related burden while not harming the economy. The immediate health effects of smoke-free laws include improved respiratory health of hospitality workers and reduced incidence of heart attacks in the general population. Smoke-free policies have been shown to reduce tobacco consumption, encourage quit attempts and reduce smoking uptake among young people. Smoke-free legislation tends to increase public awareness about the dangers of tobacco smoke and thus may help reduce smoking at home, especially in the presence of children. Nine out of ten EU citizens support smoke-free workplaces and public places. Studies have shown that support for smoke-free policies tends to increase after their introduction.

At EU level, the issue of smoke-free environments has so far been addressed in non-binding resolutions and recommendations, but these do not provide detailed guidance on how to achieve fully smoke-free environments. The subject is also touched upon in a number of occupational health and safety directives, in some cases only indirectly while in others the level of protection is not comprehensive.

At international level, Article 8 of the WHO Framework Convention on Tobacco Control (FCTC) – ratified so far by 26 Member States and the Community – obliges all Parties to ensure effective protection from exposure to tobacco smoke in indoor workplaces, indoor public places and public transport. According to the guidelines adopted by the second Conference of the Parties in July 2007, each Party should strive to provide universal protection within five years of the Convention's entry into force for that Party (i.e. by 2010 for the European Community and the majority of its Member States).

The consultation initiated by the Commission's Green Paper 'Towards a Europe free from tobacco smoke: policy options at EU level' i revealed significant support both for comprehensive smoke-free policies in all enclosed workplaces and public places and for further EU action to promote smoke-free environments throughout the Member States.

Based on the outcome of the Green Paper consultation, five main policy options are considered in the Impact Assessment accompanying this proposal: status quo, open method of coordination, a Commission or Council Recommendation, and binding EU legislation. The Impact Assessment identifies a Council Recommendation as the preferred option in the short term as that appears to be the fastest and most comprehensive means of helping Member States to implement binding smoke-free legislation at national level in line with their international commitments under the FCTC while providing a proportionate response to the problem.

The main focus of the proposed Recommendation is the effective EU implementation of Article 8 of the FCTC in line with the guidelines on protection from exposure to tobacco smoke adopted by the second Conference of the Parties to the Convention. The guidelines provide comprehensive, knowledge-based and balanced policy guidance that is in line with the EU's smoke-free policies. They make it clear that there is no safe level of ETS exposure and call for the elimination of tobacco smoke in all indoor workplaces, indoor public places, public transport and possibly other (outdoor or quasi-outdoor) public places. Binding legislation, rigorously enforced, monitored and evaluated, is recommended as the only appropriate way to deal with the problem of second-hand smoke.

The proposed Recommendation sets a uniform EU deadline for implementation as well as reporting and monitoring mechanisms both at Member States' and EU level to speed up and facilitate the implementation of Article 8 of the FCTC in line with the guidelines adopted by the Second Conference of the Parties.

The proposed Recommendation calls for 1) measures to tackle ETS exposure among children and adolescents, 2) flanking measures such as effective policies for cessation of tobacco use and pictorial warnings on tobacco packages, 3) development of comprehensive multi-sectorial strategies and adequate instruments to implement them, and 4) regular exchange of information and best practice as well as policy coordination among Member States through a network of national focal points. Given the relative novelty of some of these provisions, it is expected that Member States will cooperate closely among themselves and with the Commission on the development of common definitions, benchmarks and indicators for their implementation.

This proposal complies with the principles of proportionality and subsidiarity. It seeks to assist Member States in providing effective protection from tobacco smoke and thus meeting their obligations under Article 8 of the FCTC in line with the outcome of Council's discussion of 30 and 31 May 2007 which called for 'Community guidance to further promote smoke-free environments at EU level as well as Community support for and coordination of national measures' as a follow-up to the Commission's Green Paper.

The different levels of protection from the risk of ETS exposure between and within Member States necessitate action at EU level to support Member States' efforts to address the problem. The EU can encourage cooperation between the Member States and lend support to their action as laid down in Article 152 of the EC Treaty to improve public health and prevent human illness and diseases.

The proposed Recommendation would lend support to Member States' efforts by providing a political stimulus and creating a commitment on the part of the Member States, setting up a clear monitoring mechanism at EU level and facilitating the exchange of best practices and policy coordination between Member States.

The Commission will facilitate the smooth implementation of this Recommendation by assisting Member States that have not yet done so to develop, enact and implement comprehensive smoke-free policies; supporting policy development and providing evidence base through relevant Community programmes, and coordinating the work of the network of national focal points in the field of tobacco control. The Commission will evaluate the effectiveness of the Recommendation and of the measures undertaken in the Member States in response to this Recommendation.