20 June 2017
To:
Minister of Health, Mrs Ellen Trane Nørby
Minister for Foreign Affairs, Mr Anders Samuelsen,
CC: Danish Parliament, Committee of Health and Committee of European
Affairs
Dear Minister Mrs Ellen Trane Nørby and Mr Anders Samuelsen,
I understand from Danish colleagues that the Government of Denmark did not
support the EU ban on oral tobacco ("snus") and argued against this measure
as the Tobacco Products Directive was negotiated in 2013. If that is the case,
this is welcome news as this the snus ban one of the most arbitrary,
unscientific and counter-productive EU measures ever conceived.
The recent Eurobarometer 458 showed Swedish smoking prevalence down to
7%, while for Denmark is the figure is 19% and the EU average at 26%. Snus
has made a dramatic difference to smoking and the related disease burden in
Sweden but the opportunity to achieve even part of this success is denied by
law in the rest of the European Union. That law is now under challenge in the
Court of Justice.
I am enclosing a copy of letter by 18 experts in tobacco policy and science sent
to the Commissioner for Better Regulation Mr. Frans Timmermans on 1st June.
The letter argues that the Commission now take steps to annul the ban on
snus as a response to the legal challenge. I hope that the Government of
Denmark will intervene in the case to argue for the lifting of this ban and make
representations to the Commission. This is a good moment for the EU
institutions to correct a lethal policy-making error, and for Denmark to play a
role in changing the policy.
The letter argues that the snus ban violates several principles of better
regulation and the EU treaties. In brief:
does not meet the essential requirement to base EU action on
evidence and understanding of the impacts.
It is disproportionate and discriminatory. There is no possible
justification for allowing cigarettes and other smokeless tobacco
products but prohibiting snus.
It