Tobacco Documents Online

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

4 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

2 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

3 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

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.

5 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

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;

6 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,

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

8 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