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Passing smoking legislation will be no easy feat for the new European Commission, if Thursday is anything to go by.
Members of the European Parliament failed to agree a position on even a nonbinding decision on smoking and vaping restrictions in a surprise move in the Parliament’s plenary.
The Commission recommended earlier this year that European countries extend smoking bans to cover outdoor areas like restaurants, bars, cafés and transport hubs, and this included vapes and nicotine-free products.
The first of a series of measures expected to come out from the European Union executive on the topic, the so-called smoke free environments plan is the softest of the lot, since it’s up to national governments if they want to follow the recommendations.
The Parliament’s position is symbolic rather than political, but, nevertheless, lawmakers in Strasbourg failed to reach an agreement.
A watered-down version of the Commission’s vision had been negotiated among some political groups, but failed to win enough support from lawmakers with 378 votes against, 152 in favour and 26 abstentions.
That’s because new amendments supported by the center-right European People’s Party (EPP) members and European Conservative and Reformists, which removed references to e-cigarettes and outdoor cafés and bars, went too far for groups on the left.
The Socialists and Democrats (S&D) rejected the plan, arguing that it was now too soft on vapes, while the far-right groups, and some EPP members, rejected it because they considered it too harsh, or because they don’t see it as an EU competence.
Divisive topic
Amendments to tweak the position also failed to gain enough support.
Peter Liese, a German lawmaker from the EPP, voted against the proposal, arguing that it’s still too strong on vapes, which he argues can be a legitimate alternative for smokers trying to quit.
“I find it troubling that the Commission completely equates e-cigarettes with traditional cigarettes,” he said. “This is definitely wrong … a heavy smoker who switches from traditional cigarettes to e-cigarettes is doing something good for their health. Imposing restrictions, such as when visiting the outdoor areas of a café, might be counterproductive.”
The World Health Organization’s position is that in countries that allow e-cigarettes, governments should ensure “strong regulations” to reduce their appeal and their harm to the population, including banning all flavors, limiting the concentration and quality of nicotine, and taxing them.
Another EPP lawmaker, granted anonymity to speak freely, said: “It’s a divisive topic. We had a big discussion in the EPP and a big majority was in favor of being less restrictive than the original resolution, in that prohibiting electronic cigarettes in outdoor terraces was too much.”
But the MEP said the watered-down proposal was still too strong for German and Austrian lawmakers in the group.
The center-left S&D group took a different view.
It said in a statement after the vote that Parliament “failed to protect children and young people today,” and blamed the EPP and far-right groups for blocking “critical recommendations” to extend public bans against e-cigarettes and heated tobacco products.
As a result, the S&D group was “forced to vote against the watered-down resolution to preserve the integrity of smoke-free policies,” it said.
Tiemo Wölken, S&D coordinator for the environment, public health and food safety committee said: “It is cynical and scandalous that the EPP does not want to combat the number one cause of cancer and instead falls for the tobacco lobby’s rhetoric that e-cigarettes and heated tobacco products are harmless.”
Michael Landl, director of the World Vapers’ Alliance, celebrated the vote, saying it “demonstrates that facts and consumer choice can prevail over fearmongering and overregulation, dealing a blow to the creeping nanny state mentality that has too often characterized EU regulations.”
It raises questions for next week’s meeting of health ministers, who were expected to sign off on an agreement on the recommendation.
So far, Italy and Romania have raised some concerns about the measure, according to a report from a pro-vaping outlet, but one Council health official had said before the Parliament vote that it was expected countries would find agreement when they meet on Dec. 3.
The official said the vote wouldn’t affect the Council’s position next week on the plan but it does “raise concerns” on the revision of the tobacco products directive, upcoming legislation which will require support from all EU institutions when it’s ultimately released by the Commission.
The Parliament’s outcome “is bad news,” the official added.
