The EU’s international commitments and their impact on the EU legislative process

Abstract

If different levels of protection which prevent a product from moving freely within the European Union (EU) are developed due to the Member States’ divergent measures, Article 114 TFEU authorises the EU legislature to intervene by adopting appropriate measures. The market for tobacco products is one in which trade between Member States is not negligible. National rules laying down the requirements to be met by those products are liable, in the absence of harmonisation at the EU level, to constitute obstacles to the free movement of goods. Directive 2014/40/EU was adopted to curb the significant discrepancies, which were likely to increase in the years to come, between the regulatory systems of the Member States. In adopting this directive, the EU made use of, inter alia, the WHO Framework Convention on Tobacco Control (FCTC) guidelines and recommendations. In this way, the EU adapted its rules on labelling to relevant international standards and developments. This chapter will analyse what role the FCTC recommendations played in influencing the EU legislative process in adopting this directive. Both the EU and its Member States are party to the FCTC, and its recommendations are intended to have a decisive influence on labelling and packaging. In the first part of this chapter, the preparatory work and the content of the directive will be assessed. In the second part, the focus will shift to the reception by the Court of Justice on the external commitments under the FCTC and their impact on the legislative process in adopting Directive 2014/40/EU.