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August 27th, 2015:

MEPs slam commission for ‘smoke-screening’ tobacco lobby meetings

Written by Julie Levy-Abegnoli

The commission has been attacked for releasing highly censured documents linked to TTIP talks with big tobacco.

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As part of its effort to make EU trade agreement talks more transparent – including those for the controversial transatlantic trade and investment partnership (TTIP) – the European commission has released a series of documents detailing contacts with the tobacco industry.

This was done at the request of transparency campaigners Corporate Europe Observatory (CEO), back in March.

However, much of the documents’ contents were blacked out, including the names of all the lobbyists and commission officials involved in meetings, dates and even, in a 14-page letter from British American Tobacco, a page number.

Defending the heavy censorship of the files, commission secretary-general Catherine Day argued that “public interest [on the issue] does neither outweigh the public interest in protecting the commission’s international relations and decision-making process, nor the commercial interests of the companies in question in this case.”

Group of the Progressive Alliance of Socialists and Democrats MEP Glenis Willmott blasted Day’s reasoning, pointing out that “there is a fundamental conflict between the public interest and the commercial interests of the tobacco industry, which rely on the promotion of a product that is the leading cause of preventable death and disease in Europe.”

Fellow Socialist deputy Catherine Stihler said, “my colleagues and I have been clear that bringing an end to secret investor tribunals are essential elements of any EU-US trade agreement and I would think it was issues such as investor-state dispute settlement (ISDS) being discussed at these meetings”.

ISDS has been one of the most hotly debated aspects of TTIP, with many MEPs staunchly opposing it. It was originally planned as a private arbitration mechanism between governments and corporations, leading to fears that companies would have too much power over national policymaking.

During last month’s plenary session, parliament backed a resolution calling for an amended ISDS, with “publically appointed, independent professional judges [in] public hearings”, according to the adopted text.

Stihler added, “tobacco is the leading cause of preventable death and disease in the EU, so it is in the public interest for talks with this industry to be transparent.”

“Protecting public health is of the highest importance, not commercial interests of big business. I would encourage the commission to offer further insight into the talks.”

Meanwhile, Irish MEP Nessa Childers has submitted several parliamentary questions on what she described as “the commission’s smoke-screening of its dealings with big tobacco in trade talks.”

She underlined that, “this level of secrecy undermines the legitimacy of trade talks and raises questions about the propriety of the commission’s contacts with big tobacco when they should be making them transparent and kept to the minimum necessary to regulate this industry, in accordance with world health organisation rules that it has subscribed to.”

Childers said she “would like to see if the commission can shed light on the inconsistencies within secretary-general Day’s response and between it and yesterday’s [Wednesday] denial from the commission’s team in charge of EU-US trade talks that these documents have nothing to do with the TTIP agreement under negotiation.”

The commission has repeatedly argued that the documents were censured because they “contain elements that relate to [its] negotiating position with regards to tobacco in the ongoing bilateral negotiations for a free trade agreement with the USA and Japan.”

According to Childers, “in the face of all these tarred pages, they seem not only to be very much connected, but also that the commission is happy to provide the industry with information they don’t want the public to see.”

CEO said in a statement that it was “deeply concerned about the commission’s secrecy around its relations with tobacco industry lobbyists and more widely the secrecy around its international trade negotiations”.

The campaign group said they will file a complaint with European ombudsman Emily O’Reilly, who is due to publish the results of her investigation into tobacco lobbying in the coming weeks.

About the author
Julie Levy-Abegnoli is a journalist and editorial assistant for the Parliament Magazine

Total Black Out: Brussels Accused of Cover-up Over Tobacco Lobby Dealings

The European Commission is accused of a widespread cover-up after refusing to release the full details of dealings between its officials and the tobacco industry during negotiations for the highly controversial Transatlantic Trade and Investment Partnership (TTIP) treaty.

Following a freedom of information (FOI) request by research and campaign group Corporate Europe Observatory (CEO), the European Commission released an almost completely redacted letter that it received from British American Tobacco regarding their recent correspondence.

The 14-page document was almost completely redacted, with almost all of the content, including names of officials and lobbyists, dates of the meetings and even the issues discussed blacked out.
Less than 5 percent of the text was visible, which included merely a few standard introductory and closing remarks.

The documents were in relation to discussions about the proposed TTIP trade deal being negotiated between the US and EU, as well as separate negotiations between EU and Japanese officials.

Fears Over ISDS

TTIP negotiations have been dogged by a severe lack of transparency of behalf of government officials involved in the talks, with the almost completely blacked out letter increasing fears that such a trade deal will include provisions for tobacco companies to sue governments if they attempt to tighten smoking legislation.

The investor-to-state dispute settlement (ISDS) process is currently being used by tobacco giant Philip Morris, which is undertaking legal action against Australia after the government introduced plain cigarette packaging, while the same company is also suing Uruguay for $25 million over its attempts to increase health warnings of the packaging of tobacco products.

CEO has denounced the release of the letter, backing its call for a full disclosure of negotiations between European officials and tobacco lobby groups.

The group says that full disclosure of the documents is necessary in order to “enable the public to scrutinize the nature of the relations between DG Trade [Directorate-General for Trade of the European Commission] and the tobacco industry” and “to enable the public to assess the extent to which the EU-Japan FTA (and TTIP) poses a risk to tobacco control policies.”

In response, Catherine Day, Secretary-General of the European Commission, dismissed arguments that the transparency of negotiations was in the public interest, saying that it: “does neither outweigh the public interest in protecting the Commission’s international relations and decision-making process, nor the commercial interests of the companies in question.”

Day added that the documents could not be released in their entirety because they “contain elements that relate to the Commission’s negotiating position with regards to tobacco in the ongoing bilateral negotiations for a free trade agreement with the USA and Japan.”

Opposition to TTIP Grows

Following the FOI request, a number of politicians and campaign groups have heaped more pressure on EU governments to come clean on the highly secretive TTIP negotiations, while CEO officials say they are in the process of appealing against the redacted documents.

“CEO is deeply concerned about the Commission’s secrecy around its relations with tobacco industry lobbyists and more widely the secrecy around its international trade negotiations. We are therefore preparing a complaint to the European Ombudsman.”

The proposed TTIP trade deal, currently being negotiated by US and European Union member states, has attracted widespread public criticism in Europe for the lack of transparency associated with negotiations.

There are fears that the deal will result in a reduction of health and safety standards in Europe, and will favor large US multinational corporations, which critics say could kill off many European small businesses.

On top of widespread public demonstrations against TTIP, 2.5 million people have signed a petition against the treaty, with critics arguing that EU officials are determined to ram through the deal despite the wishes of the European public.