The European Commission is confident it will see off inevitable legal challenges to the EU's controversial directive banning tobacco advertising and sponsorship, which has been endorsed by the European Parliament. Notwithstanding such challenges at European Court of Justice level and in member-states, each country will be required to have appropriate legislation adopted within two years. A full ban and penalties will be phased in from 2001.
The parliament's decision yesterday coincided with confirmation of legal challenges by European tobacco and publishing interests. They lobbied intensively against it, with most pressure exerted on German and Spanish MEPs. Their hopes were focused on getting just a single amendment through, which would have stalled its introduction by forcing the draft directive into a lengthy conciliation process with the Council of Ministers.
An amendment deeming the directive legally invalid, on the basis that it came under an article relating to free movement rather than public health, was considered the best possibility, but this was defeated by 314 to 211 votes.
Within minutes of the directive being endorsed, four European publishing and advertising representative groups threatened legal action on the basis it was "a considerable threat to our industries and sets a dangerous precedent for all forms of commercial communications".
European Publishers Council chairman Sir Frank Rogers, a director of the Telegraph Group, said: "We are now preparing our legal challenges in every EU member-state to stop implementation."
The Confederation of European Community Cigarette Manufacturers expressed astonishment that MEPs had "knowingly disregarded" the Maastricht Treaty, which provided no legal basis for the ban. "It will create serious legal and constitutional problems," its chairman, Mr Robert Toet, said.
This contrasted with jubilation among MEPs, who saw it through the parliament, and public health interest groups which were in Strasbourg for the vote. "For the first time, a group of countries has come together to ban tobacco advertising. It is a historic moment in the campaign to protect young people from the dangers of tobacco," a spokesman for the International Union Against Cancer and the Association of European Cancer Leagues said.
Environment committee rapporteur Prof Christian Cabrol, who guided it through the parliament, and Social Affairs Commissioner, Mr Padraig Flynn, responsible for its passage through the council, were the focus of much congratulation. Prof Cabrol, a practising cardiovascular surgeon in Paris, said he was motivated by encountering the victims of smoking daily.
He was embraced by fellow MEPs after his report was ratified. With tears in his eyes, he said: "We have won a historic battle."
Mr Flynn said the vote meant its implementation by the council was a formality and dismissed the possibility of a successful legal challenge. "To say I'm delighted would be the understatement of the day. It represents a great advance for human health. This will serve as an example worldwide."
When he was appointed commissioner, there had been "all sorts of political pressure" to drop the legislation from the EU's priority list, he said, but he had chosen to stand up to this.
The Irish Cancer Society congratulated the Commissioner and Irish members of the European Parliament for their role in securing the ban.
"Today's vote in the European Parliament represents a huge step forward in the ongoing campaign to reduce the number of young people addicted to tobacco smoking," said the society's chief executive, Mr Barry Dempsey. He said teenagers were particularly vulnerable to sophisticated and seductive advertising. "This ban will have an influence on the numbers smoking and will ultimately save lives."
