Snus

Current regulation

The Tobacco Products Directive (2001/37/EC) currently requires the Member States to prohibit the placing on the market of tobacco for oral use within the EU. Sweden is exempt from the ban based on a derogation in its Treaty of Accession.

A uniform and responsible product regulation

While the marketing of snus is prohibited, a number of similar, often more dangerous products are allowed to circulate freely in the internal market. The European Commission has initiated a revision of the Tobacco Products Directive. The review provides an opportunity for the EU to achieve uniform and responsible product regulation covering all tobacco products, with the focus on a high level of health protection. The regulation should be based on scientific fact. The Swedish Government believes that an agreement on uniform and responsible product regulation for all tobacco products would be in line both with the principle of free movement of goods and with good public health.

The export ban on snus has furthermore resulted in cross-border market distortion, for example with regard to shipping. An increasing number of ships choose to reflag and sail under the Swedish flag due to the export ban, which entails a major problem for Sweden's neighbouring countries. This reflects a clear distortion in the competition among the ships operating in the Baltic Sea region.

In Sweden's view, there are a number of aspects concerning tobacco regulation that need to be taken into account as part of a responsible tobacco policy.

Hazardous substances/limits

Regulatation of the maximum permitted levels of certain hazardous substances can be set for all tobacco products, particularly for the carcinogenic substances typical of the tobacco plant. Data from the World Health Organisation (TobReg, WHO Study Group on Tobacco Product Regulation) and also from the Swedish industry standard GothiaTek has shown that concentrations of hazardous substances can be kept at lower levels than those found in many of the products currently circulating on the European market.

Additives

At present, the tobacco industry has a great deal of scope with regard to the additives that can be used in tobacco products. The WHO framework convention on tobacco control guidelines on additives in tobacco products should be taken into account in a revised directive. Hazardous additives should be banned in all tobacco products.

Hygiene

There are factors in the production of certain tobacco products, such as snus and chewing tobacco, that involve risks comparable to those involved in the preparation of other products consumed orally. Responsible regulation should therefore set hygiene requirements for the manufacture of such products.

Labelling

Some tobacco products are to be considered perishable goods. To ensure good consumer protection, these products should, in line with WHO (TobReg, WHO Study Group on Tobacco Product Regulation) data, be kept in a cool place and labelled with some kind of expiry date or date of manufacture.

Strong parliamentary support

Ever since Sweden's accession to the European Union, successive Swedish governments have, with strong parliamentary backing, argued the case for lifting the ban on snus.

In its report 2002/03:NU5, Sweden's parliamentary Committee on Industry and Trade stated:

'A prohibition against the cross-border sale of snus within the EU is not compatible with the principle of free movement of goods. It is completely illogical that the sale of snus is prohibited in the rest of the EU while a number of products that are far more harmful to human health circulate freely in the internal market.'

In its report 2003/04:NU14, the same Committee further stated:

'It is illogical that the sale of snus is prohibited in the rest of the EU, while a number of products that are far more harmful to human health circulate freely in the internal market. Even though there may be public health reasons to regulate trade in snus at EU level (age restrictions, warning texts, regulations etc) in the opinion of the Committee there are not sufficient grounds to restrict free movement. Like the Government and the authors of the motion, the Committee considers that the EU prohibition against trading in snus should be abolished.'

In its statement in case no C-210/03 in the European Court of Justice, the Swedish Government stated:

'In the opinion of the Swedish Government the prohibition against selling snus cannot be regarded as compatible with the principles of free movement of goods, since the prohibition is discriminatory and is not in proportion to the level of public health sought. The same level of health protection can be achieved by means of less intrusive measures.'