Unlucky Strike: Europe May Soon Be Without the Marlboro Man

In an overwhelming 311-202 vote, the European Parliament approved draft legislation on Wednesday that marks a first step toward a ban on tobacco advertising in newspapers, magazines, radio and the Internet.

"It's an important day for public health," the European Union's health and consumer affairs commissioner, David Byrne, told reporters. "This will help reduce tobacco consumption by removing the image that tobacco is 'cool,'" he said.

The legislation, which still faces many hurdles, could hit the German media market particularly hard. The cigarette industry spends 60 million euros ($60.1 million) per year on advertising in Germany, the country with the EU's highest concentration of young smokers.

"It's not necessarily about loosing income", said Thorsten Münch, a spokesman for the health commissioner. When the German publishing tycoon Herbert Burda met with Byrne, he was mainly concerned that a ban on tobacco advertising could lead to further advertising bans, Münch told DW-WORLD.

Though billboard and movie theater ads will still be allowed, Byrne's draft will also stop tobacco companies sponsoring international EU events like concerts, soccer games and Formula One car racing.

German politicians fume over rules

The move also marks Byrne's second attempt at anti-tobacco advertising legislation. Following considerable criticism from Germany and other EU member states, the European Court of Justice (ECJ) quashed a similar directive two years ago, ruling that it overstepped the EU's jurisdiction. Once again, German members of the European Parliament voted against the legislation.

"Europe can't declare a ban where there aren't any cross-border conflicts due to competition," said Kurt Lechner, a member of the European Parliament, explaining the position of many German politicians. "In the German market, German newspapers compete with each other. But there isn't any serious competition between Italian newspapers and German newspapers. And that's why Italian lawmakers or German lawmakers should be left to regulate these things and not European lawmakers," he said.

Hurdles

Before it can become binding, the directive must go through another reading and vote in the EU Parliament as well as passage by each EU member state in the Council of Ministers. However, opponents are expected to take legal action, which would slow down passage.

EU Commissioner Byrne, however, is confident the draft will become law sometime next year. Member states would then be required to apply the legislation to their domestic laws by 2005.

The bill does contain one provision that will come as a relief to foreign media companies: Publishers and broadcasters outside of the EU will not be required to comply in order to distribute their products within the European Union.