After Qatargate, the tobacco lobby continues to exert pressure on European institutions

While Qatar's active bribery of European parliamentarians has been widely publicized, the actions of other lobbies, particularly the tobacco lobbies, have attracted less attention. The obstacles surrounding the revision of excise duties and Directive 2011/64/EU on the taxation of tobacco products have cast suspicion on the European Commission.

The revelations on December 9, 2022, of Qatari corruption against European parliamentarians had a resounding impact, without, however, putting an end to all these practices. "Qatargate" has already led to pre-trial detention of Eva Kaili, Vice-President of the European Parliament, and Pier Antonio Panzeri, a former MEP suspected of being the bridgehead of this network of influence.[1]Several other people, including Belgian MEP Marc Tarabella, have also been implicated and detained.[2].

European Parliament President Roberta Metsola and groups of parliamentarians have since demonstrated a strong commitment to transparency. Wanting to set an example, Roberta Metsola stated that she had been invited by the French wine federation to visit Burgundy in October 2022, but waited until January 2023 and the aftermath of the scandal to share the news.[3]The European Parliament and the European Commission are now being asked to address the issue of tobacco.[4].

Multiple postponements of the review of tobacco product taxation

In a written question to the European Commission, MEP Anne-Sophie Pelletier notes that the revision of Directive 2011/64/EU, which should impose a minimum taxation of tobacco products in the European Union, is constantly being postponed.[5]. She very explicitly expresses the fear that these various postponements are the work of the tobacco industry, which is clearly opposed to this new tax. The MEP asks the Commission whether this directive can be revised before the end of the current mandate, knowing that its revision was planned for October 2022. Ms. Pelletier finally points out that this revision must integrate the implementation of the Protocol to Eliminate Illicit Trade in Tobacco, ratified by the Union and by 18 of its Member States. Like the Framework Convention on Tobacco Control (FCTC), this protocol of the World Health Organization (WHO) expressly implies that the tobacco industry be kept out of this process, both in its adoption and its implementation.

Lobbying pressure on European institutions

In October 2019, MEP Michèle Rivasi had already pointed out the contradiction of renewing the partnership with Philip Morris in the fight against illicit tobacco trade. The Commission, which had concluded similar agreements with four other tobacco multinationals, then considered that these agreements were on the contrary compatible with the directives of the FCTC[6]Among the provisions of these agreements, the cigarette manufacturers undertook in particular not to supply a country beyond its "legitimate" needs.[7], while the oversupply of cigarettes remains evident in the Luxembourg.

In another written question in August 2020, Ms Rivasi also recalled that the revision of Directive 2014/40/EU on tobacco products (TPD) should also put an end to the financing of political parties by tobacco manufacturers, in accordance with Article 5.3 of the FCTC.[8]. In a open letter In November 2022, Ms. Rivasi then denounced the hiring of Jan Hoffmann, a former senior official of the European Commission, by Dentsu, the service provider chosen to ensure the traceability tobacco products in Europe. Dentsu is, however, a company linked to the tobacco industry and Jan Hoffmann had participated in the selection of this service provider when he was in office.

Beyond "Qatargate", the relationship between European institutions and the tobacco lobby also requires the greatest attention, as the revision of the other European directive, 2014/40/EU, which regulates tobacco and nicotine products, is due to begin.

Keywords: European Commission, European Parliament, Qatargate, Directive 2011/64/EU

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[1] Stroobants JP, "Qatargate" in the European Parliament: Belgian justice investigates the payment of "several million euros", Le Monde, published February 24, 2023, consulted March 3, 2023.

[2] L.Co, Qatargate: Marc Tarabella's pre-trial detention extended by one month, Eva Kaili by two months, Le Soir, published March 3, 2023, consulted March 3, 2023.

[3] Savy M, Basset B, Alcohol lobbies: how they win the friendship of politicians, Addictions France, published November 28, 2022, accessed March 3, 2023.

[4] In the shadow of Qatargate, the European Commission continues to satisfy the tobacco lobby, Illicit Trade, published March 1, 2023, accessed March 3, 2023.

[5] Pelletier AS, For a new directive on tobacco taxation, European Parliament, Parliamentary Questions, published on 6 February 2023, accessed on 3 March 2023.

[6] Joint answer given by Mr Hahn on behalf of the European Commission, European Parliament, Parliamentary Questions, published on 29 January 2020, accessed on 3 March 2023.

[7] Illegal Tobacco, OLAF, accessed 6 March 2023.

[8] Rivasi M, Tobacco — Tobacco companies' influence strategy and financing of political life in Europe, European Parliament, Parliamentary Questions, published on 15 May 2020, accessed on 6 March 2023.