Abstract
This 1995 Philip Morris (PM) document lists six "principal threats" that European initiatives posed to the tobacco industry. Listed among the "threats" are Europe's energy-saving programs designed to reduce admissions of greenhouse gases.
"[T]he EU and many Member States have undertaken to reduce emissions of greenhouse gases. Among other things, this means reduction in the uses of energy. DG XVII [Directorate General for Energy & Transport] has a number of programs designed to encourage energy-saving..."
Initiatives to reduce energy use threaten the tobacco industry because the industry pushes ventilation as the solution to problems caused by indoor smoking (more ventilation = more energy use). This puts energy (and greenhouse gas) reduction programs directly in conflict with the tobacco industry's efforts to preserve the social acceptability of smoking.
The authors of this document (Jennifer Green and Charles Lister of the law firm Covington and Burling's London office) warn PM that smoking restrictions will meet several important goals of the European Commission:
"...[I]mproved indoor air and energy saving are generally competing goals...but the two goals are arguably consistent in one important respect -- both would arguably be served by additional smoking restrictions. You should expect that it will be argued that public and workplace smoking restrictions both contribute to improved [indoor air quality] AND reduce the higher ventilation rates (and energy usages) demanded for smoking areas."
Thus, smoking restrictions are a simple, inexpensive way to help meet a host of international goals: saving energy, reducing greenhouse gas emissions and improving indoor air quality.
One must wonder, since the Bush administration in the U.S. is known to be friendly to tobacco interests, could these facts have had any bearing on the Bush Administration's refusal to join other countries in the ongoing worldwide efforts to reduce greenhouse gases?
Fields
- Quotes
This memorandum is an overview of six principal threats to public and workplace smoking which have emerged on a Europe-wide level in connection with proposed or existing air quality standards and guidelines...[It] should be noted that this memorandum focuses on threats only at the European level, including threats affecting central and eastern Europe...
PROPOSED CEN standard -- CEN, the European standards confederations, has long been attempting to develop a new air quality standard for Europe. Various other groups have been implicated in this process, including REHVA, the European analogue to ASHRAE. As drafted, the proposed standard would impose much higher ventilation rates in smoking areas, which would entail greatly increased energy costs and perhaps occupant discomfort. The overall effect would be to replace ASHRAE with a standard quite discouraging ot smoking...IT is also likely to provide the basis for other proposals for standards at national and other levels...
...(f) Energy-Saving programs -- Under various international agreements with the UN's Economic Committee for Europe...the EU and many Member States have undertaken to reduce emissions of greenhouse gases. Among other things, this means reduction in the uses of energy. DG XVII
has a number of programs designed to encourage energy-saving, including THERMIE...
The key points are that improved indoor air and energy saving are generally competing goals, and that this can often place DG XVIII and DG V into potentially conflicting situations, but that the two goals are arguably consistent in one important respect -- both would arguably be served by additional smoking restrictions. You should expect that it will be argued that public and workplace smoking restrictions both contribute to improved IAQ [Indoor Air Quality] AND reduce the higher ventilation rates (and energy usages) demanded for smoking areas.
- Company
- Philip Morris
- Author
- Green, Jennifer "Jenny" (Covington & Burling Information Mgr. - London office c. 199)
Jennifer Green was Information Manager at the law firm of Covington and Burling in their London office on Curzon Street, c. 1995
- Lister, Charles (Lawyer, Covington & Burling, UK (United Kingdom))
Tobacco Industry Lawyer for firm Covington & Burling (international law firm). Lister was based in London and worked on the ETS International Consultant Program.
- Recipient
- Presumed corporate recipient, Philip Morris
- Region
- Europe
- Eastern Europe
- Named Organization
- ASHRAE (Am Society of Heating, Refrig and AC)
American Society of Heating, Refrigeration and Air Conditioning
- CEN TC 156 (1995 Proposed ventilation standard)
1995 Proposed ventilation standard - "Ventilation for Buildings - Design Criteria for the Indoor Environment"
- Comm for the Challenges of Modern Soc
- Dg 12
- Dg 17
- Dg 18
- Dg 5
- Dg 5 F
- Dg 5 F5
- Environmental Council
- *EPA ( use United States Environmental Protection Agency)
- Eu
- European Commission
- European Parliament
- Full Advisory Comm
- International Agency for Research on Cancer (IARC) (WHO cancer research arm)
International Agency for Research on Cancer - The cancer research arm of the WHO. Conducted a multi-center epidemiology study on ETS, initiated in 1988, data collection completed in 1994 and results were published in 1998
- Integrated Prevention + Pollution Con
- North Atlantic Treaty Organization
- Rehva
- Technical Univ of Denmark
- UnNEconomic Comm for Europe
- United Nations Framework Convention on Climate Change
- Univ of Portugal
- World Health Organization (Concerned with global public health)
International organization concered with public health worldwide
- DG XVII (Directorate General for Energy and Transport (Europe))
A branch of the Directorate General
- Litigation
- Feda/Produced
- Named Person
- Axelrad, R.
- Fanger, P.O.
- Haigh, R.
- Maroni, M.
- Olivierafernandes
- Type
- REPT, REPORT, OTHER
- Subject
- smoking restriction
- industry activity
- industry response
- industry strategy
Document Images
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July 1995
CURRENT EUROPE-WIDE THREATS TO
PUBLIC AND WORKPLACE SMOKING
BASED ON IAO STANDARDS
OVERVIEW
1. PROPOSED CEN STANDARD
2. WORKING GROUP TO CREATE EUROPEAN DATABASE AND
AUDITING PROGRAM REGARDING INDOOR AIR QUALITY
3. PROPOSED EU AMBIENT AIR DIRECTIVE
4. REVISED WHO GUIDELINES FOR AIR QUALITY
5. ENERGY-SAVING PROGRAMMFS -- THERMIE
6. NATO PROGRAM FOR CENTRAL AND EASTERN EUROPE --
COMMITTEE FOR CHALLENGES OF MODERN SOCIETY
7. REORGANIZATION OF DG V
8. SUPPORTIVE AND ADDITIVE EFFECTS OF NATIONAL STANDARDS rv
EFFORTS -- PARTICULARLY GERMANY, THE ~
NETHERLANDS, AND DENviARK ~
CF7
~
{IO
C
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guidelines that are likely to make ETS a major
issue. The new guidelines are expected to be issued
late in 1995 or 1996.
(e) NATO nrogram relating to indoor air --
as we have reported several times before, NATO has
initiated an extensive IAQ program with the
assistance of U.S. EPA. The program is particularly
active in central and eastern Europe, and
undoubtedly has smoking as a major target. The
driving forces appear to be Dr. Robert Axelrad of
EPA and Professor Marco Maroni of the pesticides and
occupational health centers in Milan. We anticinate
that, unless U.S. budgetary constraints intervene,
the program will be an important vehicle for
extending EPA's ideas into Europe, particularly in
EEMA.
(f) Energy-saving orograms. -- under various
international agreements with the UN's Economic
Committee for Europe (UNECE) and under the UN's
Framework Convention on Climate Change (FCCC), the
EU and many Member States have undertaken to reduce
emissions of greenhouse gases. Among other things,
this means reductions in the uses of energy. DG
XVII has a number of programs designedd to encourage
energ_y-saving, including THERMIE. It also appears
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The seven threats considered in this memorandum are the
following:
(a) Proposed CEN standard -- CEN, the European
standards confederation, has long been attempting to
develop a new air quality standard for Europe.
Var_ous other groups have been implicated in this
process, including REHVA, the European analogue to
ASHRAE. As drafted, the proposed standard would
impose much higher ventilation rates in smoking
areas, which would entail greatly increased energy
costs and perhaps occupant discomfort. The overall
effect would be to replace ASHRAE with a standard
quite discouraging to smoking.
The proposed standard failed to obtain CEN
approval earlier this year, and will be issued
merely as a report, but the ideas it contains will
surely reappear. It is also likely to provide the
basis for other proposals for standards at national
and other levels.
(b) Euronean database -- a working group
sponsored by DG XII, with the participation of major
research institutions across Europe, is creating a
Eu_ro-pean database regarding indoor air pollution
sources. A*nong other materials, the database will
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include the results of an audit of IAQ conditions in
selected buildings, also sponsored by DG XII. The
combined results will be used to identify sources of
indoor air problems and to suggest rules and
solutions. Preliminary results of the work have
been announced, and additional materials are likely
to be presented at a major international scientific
meeting to be held in Milan in September 1995. The
preliminary results already released specifically
identify ETS as an "important" problem.
(c) Proposed ambient air directive -- the _
Com*nission has proposed a new EU directive regarding
ambient (that is, outdoor) air quality and
management. A Common Position has been reached
regarding the proposal, and it appears to be moving
steadily toward adoption later in 1995. The
proposal would substantially reorganize the EU's
policies regarding ambient air quality, and result
in the creation of new limit and guide values for
additional pollutants. The proposed directive is
likely to prove a model for similar legislation
regarding indoor air.
(d) WHO air qualitv guidelines -- WHO prepared
air quality guidelines for Europe in 1987 which said
little about ETS. It is now preparing revised
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Privileged and Confidential
Attorney Work Product
July 26, 1995
Overview of Principal Europe-wide
Threats to Public Smoking Involving
Air Ouality Standards
Introduction
This memorandum is an overview of six principal threats
to public and workplace smoking which have emerged on a
Europe-wide level in connection with proposed or existing air
quality standards or guidelines. In addition, the memorandum
calls attention to a seventh and related development,
involving recent organizational changes in DG V of the
Euronean Commission.
Preliminarily, it should be noted that this memorandum
focuses on threats only at the European level, including
threats affecting central and eastern Europe. We are prepared
to treat national issues in a separate memorandum, but it
seemed sensible to await the results of the separate survey of
legal issues and potential allies now being prepared in
connection with forthcoming IARC developments_ As agreed, we
have provided questions about IAQ standards to the local
counsel engaged in that process, and hope thereby to obtain
confirmatory and updated materials about local standards-
making issues. If that process is delayed, however, we
can
go
forward immediately with a memorandum regarding national issues.
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to be working closely in this area with DG XII,
which is conducting the database and auditing
project described above. We have prepared a
separate memorandum and materials regarding THERMIE.
The key points are that improved indoor air and
energy-saving are generally competing goals, and
that this can often place DG XVII and. DG V into
potentially conflicting situations, but that the two
goals are arguably consistent in one important
respect -- both would arguably be served by
add`itional smoking restrictions_ You should expect
that it will be argued that public and workplace
smoking restrictions both contribute to improved IAQ
and reduce the higher ventilation rates (and energy
usages) demanded for smoking raeas.
(g) Reorganization of DG V/F -- the recent
reorganization of DG V implies that it has adopted a
new strategy regarding indoor air quality. The
relevant directorate, DG V/F, has been reorganized
into five units. The most relevant of those for
present purposes is DG V/F.5, the occupational
Health and Hygiene Unit under the direction of
Ronald Haigh. The effect is to give workplace
issues a higher visibility. Moreover, the unit's
expert working group for the preparation of limit
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CEN, and must also be offered for public comments before final
adoo'ion.
Jarlier this year, however, the draft standard on which
CEN has been working failed to receive sufficient support to
be issued for public comment as a proposed standard, and it
will instead be issued merely as a report. This is a positive
develonmer_t, but it is certainly not the end of the story.
The CEN draft may still reemerge later as a CEN proposal, and
its contents will surely provide the basis for national or
other proposed standards.
One of the proposal's principal draftsmen is Professor
P.O. Fanger of the Technical University of Denmark, who is the
chief European proponent of odor standards for indoor air, and
who is also heavily involved in the new European database
project of DG XII, described below.
If adopted, the proposed new standard would be very
prejudicial to public and workplace smoking. In particular,
it calls for very much higher airflow/ventilation rates in
areas where smoking is permitted. Professor Fanger has
himself claimed that only modest increases would be necessary, TJ
~
but we have been warned by consultants that the actual ~
~
increases (that is, against current customs and practices) ~
would be verv substantial ~
.
- ~
1;
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values -- which are the key regulatory mechanisms in
this area, as well as under the proposed ambient air
directive -- is being raised in status to a full
advisory committee. Both steps appear to signal a
higher regulatory priority for indoor air issues, as
well as a new willingness to consider
legislation.
additional EU
Each of the threats is treated more fully below in
separate subsections. In addition, the memorandum is
supplemented by a notebook containing basic background
materials regarding each of the principal threats, as well
as a separate memorandum relating specifically to THERMIE.
The notebook's materials will answer many of the more specific
questions about people and processes.
The Prooosed New CEN Standard
For some years, CEN has been working toward the adoption
of a new European standard for indoor air quality. There are
now dozens of national and
local standards across Europe,
adopting different approaches and targeted to different
aspects of the overall issue. The arguments for harmonisation
N
O
~
and consistency are therefore strong. In response, CEN is
~
~
continuing to search for a suitable draft standard. Such ~
standards must pass through various levels of review within
H
V,
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completed_ The more general database program will run through
the spring of 1997.
The databank program is managed by Professor de Oliviera
Fernandes of the University of Porto, Portugal. More
important, its technical coordinators include Professor Fanger
of the Technical University of Denmark. Professor Fanger is,
as stated above, the chief proponent of odor standards for air
quality, and is also a principal contributor to the proposed
CEN standard. Other participating technical institutions are
from nine EU Member States, plus Switzerland_
The project's goals are much wider than the mere
collection of information. As part of the audit project
described above, detailed audits of 56 buildings have been
made across Europe. Those results will be evaluated, and
combined with data received from other sources. The combined
database will be used to draw lessons about proper standards,
effective solutions to air quality problems, and methods to
save energy. As noted below, this last goal ties to THEIZMSE
and other energy-saving programs separately sponsored by the
CoAUnission.
Some preliminary results from the audit project have
already been released. They were forecast in a major
scientific meeting in Helsinki and are more fully described in
a special periodic newsletter about the project published by
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If the pronosal were to be adopted, or if something
embodying a similar approach were to be adopted by CEN, these
increased ventilation rates would have the effect of greatly
increasing the energy costs associated with smoking areas.
This alone would significantly discourage building operators
from permitting smoking. Their disinclination to permit
continued smoking would be strengthened by the EU and national
pressures to reduce energy consumption wherever possible. In
addition, the higher ventilation levels demanded for smoking
areas would require enhanced or new ventilation facilities in
many buildings, which again would discourage the establishment
or continuation of smoking areas. Finally, the very high
ventilation rates included in the proposed standard would
cause discomfort to many occupants of smoking areas. The
overall result might be fewer smoking areas, and fewer smokers
who are prepared to use them.
The proposed standard has also been under discussion in
other technical and industry groups across Europe, which have
been asked to take positions about its adoption. One such
group is REHVA, the European ventilation and air conditioning
trade association comparable to ASHRAE. The relevant REHVA
committee voted on the proposal earlier this year, and
narrowly decided to reject it. Professor Fanger is, however,
now vigorously lobbying
the committee's members, and the issue
might conceivably be reconsidered by REHVA later in the year.
In the interim, REHVA has encouraged its members to gather
