Tobacco.org

• Closing the tobacco loopholes 

EU finance ministers will next week (11 November) try to agree an increase in the minimum rates of excise duty on cigarettes and other tobacco products.

The proposal under discussion would raise the minimum excise rate to €90 per 1,000 cigarettes, compared to €64 today. The legislation would also close loopholes that have allowed companies to market cigarettes as cigars and cigarillos, and some fine-cut tobacco as pipe tobacco. Tobacco companies have exploited these loopholes to benefit from lower tax rates applied to those products. . . .

It said that these variations were a stimulus to illegal cross-border trade, as it was often cheaper for people to buy cigarettes that had been smuggled in from other EU countries than to buy those legally for sale. The Commission said that this trade undermined government attempts to

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• Operation ‘Samhna’ : Potentially the largest seizure of cigarettes ever 

A multi agency operation, code named ‘Samhna’, headed up by Revenue’s Customs Service, is currently underway in Greenore Port, Co Louth, and surrounding area.

The operation, targeting the suspected criminal activities of an organised crime group operating both north and south of the border, involved the surveillance of a general cargo vessel M/V Anne Scan, which sailed from the Philippines on 15/09/2009 for Greenore Port, arriving at approximately 0600 hours on Monday, 26/10/2009, carrying a cargo declared as ‘animal feed’. Officers kept the vessel under surveillance, as they suspected that a large consignment of contraband cigarettes was concealed within the cargo.

Following the discharge of part of the cargo from the vessel earlier this morning onto awaiting trucks, which were allowed onwards to the importer’s premises, the multi agency task force, involving Officers of Revenues Customs Service and An Garda Siochana, moved in and raided several premises in the Co. Louth area, in addition to mounting an operation on the vessel itself. A large consignment of contraband cigarettes has been confirmed, estimated to be in excess of 120m cigarettes with a retail value of about €50m and a potential revenue at risk of approximately €40m. Several persons have been arrested at various locations by the Gardai for questioning.

The operation in the Republic of Ireland involved Officers of Revenue’s Customs Service, An Garda Siochana, The Criminal Assets Bureau, the Irish Naval Service and Air Corps and in Northern Ireland, Officers of HM Revenue & Customs and the PSNI. In addition the European Anti-Fraud Office (OLAF), which was also involved, will co-ordinate the international enquiries which will form part of the follow-up investigations. It is estimated that in excess of 150 Officers from the various Agencies participated in the field in today’s operation.

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• EU ruling 'will spark cigarette price war'  

A NEW court ruling could spark a price war on cigarettes in Ireland with disastrous effects for people's health, anti-smoking group Ash Ireland has warned.

The European Court of Justice yesterday declared that Ireland cannot set minimum prices for tobacco because it distorts competition and benefits manufacturers.

Although this is an interim opinion, it could open the way for cigarette sellers to start discounting heavily on price, which could lead to more young people taking up the habit and reducing the incentive to quit, said Dr Angie Brown of Ash.

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EU ruling on Irish tobacco prices 

The European Court of Justice has declared that Ireland can not set minimum prices for tobacco products since it distorts competition and benefits manufacturers.

The declaration came in the form of an opinion by the court's Advocate General. In 80% of cases the opinion is in line with the final judgement.

In December 2006 the European Commission wrote to the Irish Government saying that the policy of setting minimum retail prices for cigarettes was contrary to EU law since it limited the freedom of producers and manufacturers to determine their selling prices.

When Ireland failed to legislate for the relevant EU directive the Commission took Ireland to the European Court of Justice in May 2008.

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• Cigarette pricing rule a 'risk' to free competition 

THE POLICY of setting a minimum price on tobacco products distorts competition, a preliminary opinion to Europe's highest court has said.

The imposition by the Government of binding prices restricts manufacturers' freedom to set prices, thereby posing a risk to free competition, according to Juliane Kokott, advocate general of the European Court of Justice.

The opinion of the advocate general is not a final judgment, although the court, to follow next March, follows it in the vast majority of cases. Costs in the case were awarded against Ireland.

The Department of Health said it was examining the opinion. "This opinion is at an intermediate stage in the process and the judgment of the court is still awaited," a spokeswoman said.

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Tobacco prices distort competition  

Ireland's policy of setting a minimum price on tobacco products distorts competition, a legal advisor to Europe's highest court has said.

In the case of Commission of the European Communities versus Ireland, the Advocate General said binding prices restricted manufacturers' freedom to set prices, thereby posing a risk to free competition.

The opinion of the Advocate General is not a final judgement, although the court generally follows it 80 per cent of the time. . . .

In his legal assessment of the arguments the Advocate General said “increases in excise duties are therefore a less intrusive measure than minimum prices, which are thus not necessary”.

A statement issued by cigarette company John Player & Sons today said “while we don’t oppose the Commission’s view that tobacco manufacturers should have the freedom to determine retail prices for their products, the fact remains that the real minimum price for 20 cigarettes in Ireland is the street price of €4 - €5 euro due to widespread illegal cigarette selling.

This greatly incentivises criminals by giving them huge margins while denying Government badly needed revenues. 1 in 4 cigarettes smoked in Ireland today is not even bought in an Irish shop”.

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• Cigarettes On Sale On The Internet: ESC Press Statement 

The European Society of Cardiology wishes to comment on media reports this week that France is preparing to authorise the sale of cigarettes on the internet, to conform to European rights. Although Budget Minister Eric Woerth denies that this is the intention, the news is disappointing given the drop in heart attack rates following last year's smoking ban.

ESC spokesperson Professeur Ph.Gabriel STEG (Universit� Paris VII, Centre Hospitalier Bichat-Claude Bernard, Paris) said :

"While I understand that the alleged motive is that the French government needs to align itself with the European directive and the need to tackle the monopoly of cigarette retail in France, this move contradicts years of health policy to reduce tobacco consumption.

There is clear evidence that an increase in tobacco retail price and restricted access to cigarettes have led to less people smoking, with important health benefits. The government needs to take action to continue its previous policy which tackled smoking as an effective way to improve public health."

Daily financial newpaper Les Echos broke the news on 14 October, stating that the French government would propose the idea to Parliament in mid-November.

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• Le tabac en vente libre sur Internet ? [Tobacco counter on the Internet? ] 

GOOGLE TRANSLATION:

At the time of the fight against tobacco use is increasing (increase of 10% next tobacco endorsement under shock images on cigarette packs), a new provision could face a paradox. Thus, reveal Les Echos, under the transposition of a European directive on excise duties (indirect taxes) levied on tobacco and alcohol, cigarette sales should be possible on the Internet "by 1 April 2010 ".

The daily quoted the ministry's budget, that "the conditions of application of the Directive are far from being arbitrated. "But, adds the journalist, it does not seem possible to put the spirit in question. "The information Voices has led to an immediate denial from the ministry. "The sale of tobacco through the Internet is not permitted in France," says a press release stating that "it is not intended to authorize soon.

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• Government ban on cigarette displays in shops may fail legal test, QC tells trade  

A flagship government anti-smoking scheme that would ban Britain's shops from displaying cigarettes would be "unenforceable", according to one of the country's leading QCs.

The plan to prevent shops from selling tobacco products unless they are kept entirely out of sight of customers is due to be debated and voted on by MPs today.

With critics saying that the proposal threatens to drive thousands of small corner shops out of business, a backbench rebellion is expected, with as many as one in ten Labour MPs set to vote against the scheme, which is backed by the Government.

However, in advice drawn up for the Tobacco Manufacturers' Association (TMA), Lord Pannick, QC, has raised the prospect of a legal challenge. In his advice, he claims that even if the legislation was passed, it would not carry any legal weight because the Government has failed to give proper notification of its intentions to the European Commission before placing the Bill before Parliament.

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A consistent decline in heart attack rates following the implementation of smoking bans 

Strongly enforced legislation to restrict smoking produces rapid and substantial reductions in community rates of heart attack, according to a meta-analysis published today in Circulation, the journal of the American Heart Association.(1) The analysis pooled 13 studies from regions in North America, Italy, Scotland and Ireland and, despite their geographical range, found a consistent reduced risk of hospitalisation for heart attack (acute myocardial infarction, AMI) of 17% (ie, a relative risk for AMI of 0.83) at 12 months following implementation of the law. The investigators added that this benefit "grows with time", reaching a gain of "about 36%" in three years.

The study was designed to determine the "consistent" effect of smoking bans on AMI rates in communities, and was therefore concerned with both the direct and second-hand effects of smoking. Several studies have shown that the effects of second-hand smoke on many biological mediators associated with AMI risk occur rapidly and are nearly as large as those from direct smoking. For example, a study reported last year showed that passive exposure to second-hand smoke in as short a time as 24 hours led to "sustained vascular injury" characterised by reduced endothelial function and activity of endothelial progenitor cells.(2) According to the American Heart Association's Heart Disease and Stroke Statistics 2009 Update, non-smokers exposed to second-hand smoke at home or at work have a 25-30% increased risk of developing heart disease.

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Editorial: Smoking and sin taxes  

There have been twofold messages from the European Union. The first is that Bulgaria has a limited time to bring its excises on tobacco products up to EU levels, and if reports about the planned increase in taxes on tobacco are correct, will do so ahead of schedule.

The second message from the EU is that it would like to have rules applicable universally across the bloc to discourage smoking, which Brussels says killed about 20 000 non-smokers a year through secondary smoke.

In Bulgaria, laws requiring separate non-smoking areas have proven to be a bad joke, and it is understandable that people sniff at plans to widen the "ban" in 2010. But high prices discourage purchases.

Most of all, those who oppose smoking say that the habit has an enormous impact on the economy through lost productivity and public costs of health care - and again, in Bulgaria, health care gets a low rating, with several reports of cancer treatment facilities being under-funded and inadequate. Inasmuch as higher prices for cigarettes will make smokers gasp, there will be others who will cheer.

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• Burning money 

UP IN SMOKE: Contraband cigarettes are incinerated in Montenegro in 2007. Bulgarian tobacco interests allege that reported plans to send cigarette excises soaring from 2010 will push business towards the illegal market.

Bulgaria, which has the second-highest rate of smoking in the European Union, is said to be set to make smokers cough up about 30 per cent more for cigarettes in 2010 - bringing forward by a year increased excises to EU levels in a move designed to help state coffers through increased revenue and decreased health costs.

Finance Minister Simeon Dyankov has confirmed that excises on tobacco products will go up, although with the 2010 Budget not yet finalised, there is no official confirmation yet of the precise price hikes.

Media reports of the planned move brought an outcry from tobacco interests who said that it would worsen Bulgaria's already considerable cigarette smuggling problem and drive the country's tobacco products giant Bulgartabak to bankruptcy. , , ,

Bulgaria's northern neighbour and fellow EU member Romania has taken the route of increased excises - twice in 2009 - on the way to matching EU levels in 2010. Lithuania also has twice raised excises in 2009, pushing cigarette prices up by close to 50 per cent in a year.

A sole reversal of the trend was in Croatia

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A consistent decline in heart attack rates following the implementation of smoking bans 

Strongly enforced legislation to restrict smoking produces rapid and substantial reductions in community rates of heart attack, according to a meta-analysis published today in Circulation, the journal of the American Heart Association.(1) The analysis pooled 13 studies from regions in North America, Italy, Scotland and Ireland and, despite their geographical range, found a consistent reduced risk of hospitalisation for heart attack (acute myocardial infarction, AMI) of 17% (ie, a relative risk for AMI of 0.83) at 12 months following implementation of the law. The investigators added that this benefit "grows with time", reaching a gain of "about 36%" in three years.

The study was designed to determine the "consistent" effect of smoking bans on AMI rates in communities, and was therefore concerned with both the direct and second-hand effects of smoking. Several studies have shown that the effects of second-hand smoke on many biological mediators associated with AMI risk occur rapidly and are nearly as large as those from direct smoking. For example, a study reported last year showed that passive exposure to second-hand smoke in as short a time as 24 hours led to "sustained vascular injury" characterised by reduced endothelial function and activity of endothelial progenitor cells.(2) According to the American Heart Association's Heart Disease and Stroke Statistics 2009 Update, non-smokers exposed to second-hand smoke at home or at work have a 25-30% increased risk of developing heart disease.

Since the first smoking bans were introduced (the first in Europe was in 2004 in Ireland) there have been many reports showing a decline in hospital admissions for AMI following implementation. . . .

Commenting on the Circulation meta-analysis for the European Society of Cardiology, Professor Joep Perk from Oskarshamn District Hospital in Sweden said: "This is an exciting and important study, with implications for both basic scientists and for politicians."

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EUROPEAN SMOKEFREE QUITTER OF THE YEAR 2009 

QUIT® are looking for people who have an inspirational story that will inspire others to stop smoking. If you quit on or after January 1, 2008, or are hoping to quit for good soon, you could be in with a chance of winning.

Prizes

* European Smokefree Quitter of the Year wins 5,000 Euros in holiday vouchers.

* European Smokefree Quitter of the Year runner up wins 2,000 Euros in holiday vouchers

* The UK finalist wins a trip to the award ceremony in Spain in February 2010.

Deadline Dates

To be eligible you must have quit on or after January 1, 2008 and been smoke-free for six months by the closing date of December 31, 2009.

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Sweden wants EU to lift 'snus' tobacco ban 

As countries across the EU curb smoking, Sweden is fighting to get a European-wide ban lifted on 'snus,' a moist tobacco popular across Scandinavia that is sucked rather than chewed or smoked.

The small, teabag-like pouches, also called moist snuff, are used by nearly one million Swedes. Placed under the user's lip, they quickly deliver a nicotine rush to the blood and a strong salt and herbs flavour in the mouth.

While cigarette sales have tumbled by 50 percent in Sweden over the past 30 years, snus is on the up, with sales rising from some 2,500 tonnes a year in the 1970s to almost 7,500 tonnes in 2008.

That equals some 800 sachets a year for the average Swedish snus user.

It is also popular in other parts of the Nordic region. . . .

In its role at the helm of the EU presidency, Sweden is in prime position to make its case and Stockholm has intensified talks with the European Commission and other member states on the subject.

"As the presidency, you're not supposed to put things on the agenda that can be seen as national priorities ... But on the other hand, we cannot rule out that this issue will come up in some form during other discussions," Swedish Trade Minister Ewa Bj�rling told AFP in a telephone interview.

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