Estonia, EU – Baltic States, Legislation, Markets and Companies

The draft position of Estonia on the directive was supposed to reach the government for approval last week, but the Ministry of Social Affairs, which is drafting the proposal, asked for an extension until the beginning of March.

When the directive comes in force in 2015 or 2016, bigger warnings and picture warnings have to be on cigarette packs, cigarettes with flavouring and long thin cigarettes will be banned and a standard on the cigarette pack size will be implemented.

The Ministry of Economy and Communications claims that the demands for the cigarette packs disproportionally restrict the rights of entrepreneurs to use their trademarks since the text and picture warnings and identifications take three quarters of the pack's space, which makes it doubtful that the trademark could be displayed reasonably.

The two ministries say that bigger warnings and obligatory warning pictures on both sides of the packs are not justified as it is not possible to prove that such pictures or warnings would help promote health.

The Ministry of Economy said in its comments that a trademark as such doesn't call anyone to directly consume tobacco products. It is also weird tri presume that the length and diameter of cigarettes are so important that they should be uniform. "The question arises in the light of these proposals whether the beneficial effects of such measures are in proportion with the violation of copyright accompanied by these measures," the ministry wrote.

The ministries both stated that the measures in the directive can lead the consumer to illicit market where the products they are used to, especially those with menthol and thin cigarettes are still available. Thus the state could get less excise tax. The taste, size or package doesn't make the product healthier or unhealthier but banning some components may make the consumer think that some tobacco products harm the health less.

The Ministry of Education and Science and the Ministry of Internal Affairs have also expressed their opinions on the Tobacco Directive, but according to the documents register, these are meant for official use only.