EC Adamant to Enforce Tobacco Ban Albeit Setback

The European Commission promised a fresh crackdown on tobacco advertising, in the wake of a court ruling which overturned a 1998 EU attempt to outlaw promotion and sponsorship by tobacco companies.

European Health Commissioner David Byrne said the ruling on a point of law by the European Court of Justice was only a temporary setback.

"As soon as I can, taking account of today's judgment, I am determined to bring forward new measures to tackle the pernicious effects of tobacco smoking," Byrne said.

The Luxembourg-based court said the ban was illegal because it was introduced as a single market measure, rather than as a health law requiring unanimous backing from all EU member states. At the time of the original ban, the EU had only limited powers to legislate on health.

But the court's ruling left the door open for new, if more limited, EU legislation to restrict the promotion of tobacco.

In the meantime, it will remain the responsibility of individual EU states to determine which, if any, restrictions they place on tobacco advertising.

Immediately after the announcement, the British government pledged to press ahead with its own legislation for a ban.

However, a spokesman for Swedish Social Affairs Minister, Lars Enqvist, confirmed proposals for a Swedish ban on indirect tobacco advertising, currently before parliament, would now be withdrawn.

Earlier this week, the International Automobile Federation (FIA), motor racing's governing body, announced a voluntary ban on tobacco sponsorship from the end of 2006.

Tobacco companies and the German government, which launched separate challenges to the ban, both welcomed the ruling, while Philip Morris, manufacturer of brands such as Marlboro, offered to work towards a compromise with the authorities.

"The European directive provides a basis to elaborate a legislative framework which preserves our ability to communicate with adult smokers, for example at the point of sale, while making sure that the restrictions adopted reduce the exposure of young people to tobacco promotion and advertising," said Philip Morris Europe President Hans Fluri.

The German government said the ruling was a useful clarification of the division of powers between the EU and its member countries. But a German health ministry spokesman said efforts would continue in Germany to restrict tobacco advertising, mainly through self-regulation by the industry.

The European Commission, the author of the legislation, has targeted the tobacco industry on a number of fronts.

The Commission said Thursday's ruling would not affect a separate proposal before governments and the European Parliament to tighten limits on tar, nicotine and carbon monoxide in cigarettes and require stark new health warnings on packets.