Motion for a resolution - B10-0176/2024Motion for a resolution
B10-0176/2024
European Parliament

MOTION FOR A RESOLUTION on the Council’s recommendation on smoke- and aerosol-free environments

20.11.2024 - (2024/2911(RSP))

to wind up the debate on the statement by the Commission
pursuant to Rule 136(2) of the Rules of Procedure

Ignazio Roberto Marino
on behalf of the Verts/ALE Group

See also joint motion for a resolution RC-B10-0173/2024

B10‑0176/2024

European Parliament resolution on the Council’s recommendation on smoke- and aerosol-free environments

(2024/2911(RSP))

The European Parliament,

– having regard to the Treaty on the Functioning of the European Union, and in particular Article 168 thereof,

– having regard to the UN Sustainable Development Goals (SDGs), in particular Goal 3 thereof,

– having regard to Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC[1] (the Tobacco Products Directive),

– having regard to the Commission proposal of 17 September 2024 for a Council recommendation on smoke- and aerosol-free environments replacing Council Recommendation 2009/C 296/02 (COM(2024)0055),

– having regard to its resolution of 26 November 2009 on smoke-free environments[2],

– having regard to the World Health Organization Framework Convention on Tobacco Control (WHO FCTC), a treaty adopted by the 56th World Health Assembly held in Geneva, Switzerland on 21 May 2003,

– having regard to its resolution of 16 February 2022 on strengthening Europe in the fight against cancer – towards a comprehensive and coordinated strategy[3],

– having regard to the Commission communication of 3 February 2021 entitled ‘Europe’s Beating Cancer Plan’ (COM(2021)0044),

– having regard to the Commission’s initiative entitled ‘Healthier together – EU non-communicable diseases (NCD)’, launched in December 2021,

– having regard to its resolution of 13 December 2023 on non-communicable diseases (NCDs)[4],

– having regard to its resolution of 23 November 2022 on prevention, management and better care of diabetes in the EU on the occasion of World Diabetes Day[5],

– having regard to Regulation (EU) 2021/522 of the European Parliament and of the Council of 24 March 2021 establishing a Programme for the Union’s action in the field of health (‘EU4Health Programme’) for the period 2021-2027, and repealing Regulation (EU) No 282/2014[6],

– having regard to Rule 136(2) of its Rules of Procedure,

A. whereas UN General Assembly Resolution 76/300 of 28 July 2022 recognises the right to a healthy environment, including clean air, as a fundamental human right, emphasising the obligation of all states to respect, protect and uphold this right;

B. whereas every year in the EU, 700 000 people lose their lives as a result of tobacco consumption, and tens of thousands of those deaths are as a result of second-hand smoke;

C. whereas tobacco use and exposure to second-hand smoke are major contributors to NCDs, with conclusive evidence linking second-hand smoke in adult non-smokers to serious conditions such as coronary heart disease, strokes and lung cancer;

D. whereas e-cigarettes heat nicotine and flavourings containing chemical substances to produce a smokeless vapour, referred to as an aerosol, which contains toxic and cancer-causing residues, including formaldehyde, acetaldehyde and acrolein; whereas smoking and vaping are associated with higher risks of developing periodontal disease, caries, oral cancer, respiratory and cardiovascular diseases, adverse pregnancy outcomes and cancer;

E. whereas second-hand smoke, including from nicotine aerosols, can affect non-smokers and may cause asthma and lung cancer; whereas third-hand smoke (pollutants that cling to furniture and other surfaces) is dangerous, especially for children because of their exploratory and hand-to-mouth habits;

F. whereas heated tobacco products release hazardous chemicals, with exposure associated with asthma and other health risks;

G. whereas second-hand aerosols from electronic nicotine and non-nicotine delivery systems contain harmful substances, including fine and ultra-fine particles, which pose health risks to bystanders;

H. whereas second-hand smoke and aerosol exposure pose particularly serious health risks to children, who are more vulnerable than adults because their respiratory and immune systems are still developing; whereas children are often unable to avoid or limit their exposure to second-hand smoke, particularly in enclosed spaces such as cars, making them involuntary recipients of harmful toxins; whereas scientific evidence shows that exposure to second-hand smoke can lead to numerous adverse health effects in children, including increased risks of asthma, respiratory infections and developmental issues;

I. whereas 14 EU Member States already prohibit smoking in private cars when minors are present, recognising the risks of repeated exposure to second-hand smoke for minors in enclosed spaces; whereas further EU harmonisation on this issue is needed;

J. whereas tobacco is the leading risk factor for cancer, with more than a quarter of cancer deaths in the EU, Iceland and Norway attributed to smoking; whereas death rates and other health indicators (such as heart attacks in the general population) have been reduced and respiratory health has improved, thanks to smoke-free environments;

K. whereas second-hand smoke and aerosol exposure have a disproportionate impact on vulnerable groups, including children, pregnant women, older people and socially disadvantaged individuals, with nearly half of all children worldwide breathing air polluted by tobacco smoke; whereas this exposure results in approximately 65 000 child deaths globally each year from illnesses associated with second-hand smoke;

L. whereas Europe’s Beating Cancer Plan sets the goal of creating a ‘tobacco-free generation’ by 2040, with less than 5 % of the population using tobacco;

M. whereas a reduction in tobacco use plays a major role in global efforts to achieve the SDG target to reduce premature deaths from NCDs by 30 % by 2030; whereas revised legislation is needed to reduce tobacco use from 24 % in 2023 to 20 % in 2025, as set by the SDGs;

N. whereas among adult respondents to the 2023 Eurobarometer on the attitudes of Europeans towards tobacco and related products[7], 3 % are current users of electronic cigarettes and 4 % are current users of heated tobacco products, compared to 2 % in 2020; whereas a particularly concerning aspect of the recent uptake of new and emerging tobacco and nicotine products has been their appeal to children and young people, who have been targeted as key consumers by tobacco and related industries; whereas 54 % of current and past smokers had started smoking before the age of 19, and 14 % had started before the age of 15;

O. whereas 74 % of the adult respondents had experienced people smoking in outdoor terraces in the previous six months and 71 % had experienced people using electronic cigarettes and heated tobacco products in the same places; whereas 42 % of respondents reported that people had been smoking in outdoor places intended for use by children and adolescents and 49 % of respondents had experienced people using electronic cigarettes and heated tobacco products in the same places; whereas 13 % of respondents aged between 15 and 24 reported that they had started using electronic cigarettes because they could smoke electronic cigarettes in places where smoking tobacco was not allowed;

P. whereas the 2023 Eurobarometer reported strong public support for a ban on smoking in outdoor spaces where social distancing cannot be ensured, including parks, beaches and the entrances to public buildings;

Q. whereas according to the Commission report of 15 June 2022[8], the sales volumes of heated tobacco products have increased twentyfold, from 934 854 in 2018 to 19 716 820 in 2020;

R. whereas the current Council recommendation[9] sets out recommendations for Member States to implement the WHO FCTC and thus provides guidance for them to comply with their legal commitments to protect people from second-hand smoke in all indoor workplaces, public transport and indoor public spaces;

S. whereas all the EU Member States are parties to the WHO FCTC, and Principle 1 of the guidelines for implementation of Article 8 thereof stipulates that the total elimination of smoking and tobacco smoke in specific spaces or environments is required to protect against exposure and create a 100 % smoke-free environment;

T. whereas the parties to the WHO FCTC are urged to prioritise measures that protect people from exposure to emissions from heated tobacco products and to explicitly extend smoke-free laws to include heated tobacco products, because they emit pyrolysis products such as volatile aldehydes, which fall under the scientific definition of ‘smoke’ and should therefore be unequivocally classified as ‘tobacco smoke’;

U. whereas the WHO 2021 report on the global tobacco epidemic[10] highlights the fact that exposure to second-hand emissions from heated tobacco products is associated with significant respiratory and cardiovascular abnormalities in bystanders and that second-hand aerosols from electronic cigarettes, both with and without nicotine, expose bystanders to quantifiable levels of particulate matter, key toxicants and contaminants;

V. whereas the current Council recommendation cannot fully achieve its protective purpose because of its lack of coverage of outdoor spaces and because it does not include new and emerging products that may emit smoke and/or aerosols, for example heated tobacco products, electronic cigarettes – with or without nicotine – and tobacco surrogates, and any other smoke- or aerosol-emitting products;

W. whereas the Commission conducted a public consultation in 2023 to evaluate its legal framework for tobacco control (product regulation, advertising, promotion, sponsorship, etc.) to assess the performance and adequacy of the EU’s legal framework for tobacco control with respect to its objectives, and to assess whether the goal of creating a smoke-free generation in Europe by 2040 is appropriate;

X. whereas the Commission was expected to propose the draft recommendation on 31 January 2024 but the proposal was postponed to 17 September 2024;

Y. whereas the proposed revision to the Council’s recommendation on smoke-free environments is a direct bid to better protect people, especially children, from the effects of second-hand smoke and aerosols; whereas it also marks another step forward in the EU’s overall efforts to denormalise the use of tobacco and emerging products, fight nicotine addiction, improve public health and reduce disease prevalence and premature deaths;

Z. whereas the proposal recommends that Member States extend smoke-free environment policies to key outdoor areas, to better protect people in the EU, particularly children and young people; whereas these areas include outdoor recreational areas where children are likely to congregate such as public playgrounds, amusement parks and swimming pools, as well as outdoor areas connected to healthcare and education premises, public buildings, service establishments, and transport stops and stations;

AA. whereas the use of nicotine pouches also poses a health concern among young people;

AB. whereas the proposal also recommends that the Member States extend smoke-free environment policies to new and emerging products such as heated tobacco products and electronic cigarettes, which increasingly attract very young users;

AC. whereas the proposal also encourages the Member States to exchange best practice and strengthen international cooperation to maximise the impact of the measures taken across the EU;

AD. whereas the Commission will provide support through a direct grant of EUR 16 million from the EU4Health programme, while EUR 80 million from the Horizon Europe programme has already been dedicated to reinforcing tobacco, nicotine and related product control, as well as to addiction prevention; whereas the Commission will also develop a prevention toolkit to support the protection of children’s and young people’s health;

AE. whereas the implementation of the recommendation should be monitored regularly to measure progress towards achieving its objectives and to identify gaps in the efforts to ensure smoke- and aerosol-free environments;

1. Regrets that the Commission delayed the publication of this long-awaited proposal, which is nine months later than originally planned;

2. Notes that the rise in the use of new and emerging nicotine and tobacco products in public and indoor spaces is a threat to public health, with the rate of use of e-cigarettes among 13- to 15-year-olds exceeding use among adults in many countries;

3. Underlines that there are no proven safe levels of exposure to smoke and aerosols from tobacco and new and emerging products;

4. Underlines that smoke-free environments protect the health of both non-smokers and smokers, as they prevent non-smokers from being exposed to hazardous and dangerous substances and they encourage smokers to reduce or stop smoking;

5. Calls on the Member States to extend smoking bans to key outdoor areas, including outdoor restaurants, cafés and bars, workplaces, areas close to healthcare facilities, educational establishments, healthcare and other care facilities, public transportation including bus and tram stops, and train stations and platforms, airports and recreational areas and other areas of congregation or high congestion, taking into account the risk of exposure;

6. Calls for the ban to explicitly include outdoor spaces where distancing cannot be ensured, including parks, beaches and the entrances to public buildings;

7. Calls on the Member States to implement or expand bans on smoking in private vehicles when minors are present;

8. Urges all the Member States to ban the use of electronic nicotine and non-nicotine delivery systems (e-cigarettes) in all indoor spaces to minimise health risks to non-users;

9. Considers that these bans should be designed in such a way that they ensure the highest protection, especially for children, young people, pregnant women and other vulnerable groups;

10. Call for the use of nicotine pouches in educational institutions to be prohibited;

11. Expects further tobacco legislation under Europe’s Beating Cancer Plan to be evaluated and updated during the current legislative period;

12. Urges strict compliance with Article 5.3 of the WHO FCTC regarding industry interference with public health policies, and calls for concrete measures to ensure a high degree of transparency, prevent interactions with the industry and prevent conflicts of interest;

13. Welcomes the Commission’s provision of funding through the EU4Health programme, including a direct grant of EUR 16 million, to support Member States in implementing the recommended measures; is gravely concerned, however, about the EU’s long-term investment in health;

14. Welcomes the fact that the Commission has supported research in tobacco, nicotine and related product control, as well as addiction prevention, under the Horizon Europe programme, with a total budget of more than EUR 80 million;

15. Calls on the Commission to propose, as soon as possible, a revision of the Tobacco Advertising Directive[11], the Tobacco Taxation Directive[12] and the Tobacco Products Directive, after having followed up on the scientific evaluations of the health risks related to electronic cigarettes, heated tobacco products and novel tobacco products;

16. Welcomes the intentions of the Commission and the Member States to introduce effective and comprehensive measures to protect people from second-hand smoke and aerosols;

17. Welcomes the intention of the Commission to implement all supportive actions in close cooperation with the Member States;

18. Invites the Commission to report to Parliament and the Council, four years after the adoption of this resolution, on the progress of its implementation and the implementation of the Council recommendations in the Member States;

19. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the World Health Organization.

 

Last updated: 22 November 2024
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