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EUROPEAN UNION

EU shaken by Swedish Match ‘snus bribe’ probe

Claims by Swedish Match that a Maltese lobbyist offered to influence European Union tobacco policy in exchange for €60 million ($78 million) have sparked more questions about the tobacco lobby in Brussels, AFP's Claire Rosemberg explains.

EU shaken by Swedish Match 'snus bribe' probe

A shady Maltese lobbyist, Sweden’s substitute for snuff, robberies against anti-smoking groups: the resignation of the EU’s top health official in a tobacco-linked “whodunnit” is shaking up Brussels.

The EU’s executive pledged Monday that a fraud probe involving the outgoing health and consumer commissioner, John Dalli — who handed in his resignation last week — would not slow, or kill, key tobacco legislation drafted by his services in the interests of public health.

“The review of the Tobacco Products Directive is on the commission’s agenda for this year,” said European Commission spokesman Olivier Bailly.

“As soon as we have a new commissioner he will be able to proceed.”

Anti-tobacco groups see Dalli’s almost unprecedented resignation from the commission as the latest hitch in months of efforts to review the European Union’s decade-old legislation on tobacco.

“The long wait for Commission proposals on tobacco products is becoming a never-ending story,” said Matthias Groote, Chair of the European Parliament’s environment and public health committee.

“This important legislation has been delayed time and time again.”

The Smoke Free Partnership (SFP) is one of two anti-smoking groups whose Brussels offices were broken into by intruders last week. It said police were investigating the incident.

“There was relevant and sensitive information stolen concerning the tobacco directive and industry,” said Javier Delgado Riviera of the European Public Health Alliance (EPHA), the other target.

February proposals by ex-commissioner Dalli aimed to make cigarette packaging less attractive while tightening regulations on flavourings in cigarettes — said to appeal to teenage girls — as well as on smoke-free products, such as snuff and electronic cigarettes.

Dalli, who is from Malta, quit Tuesday after the EU fraud office OLAF said a Maltese entrepreneur used his contacts with the commissioner to seek a bribe from a Swedish firm in return for changes to the tobacco legislation, “in particular on the EU export ban on snus”.

Snus, or Swedish snuff, is a moist powder tobacco originating from dry snuff. Though its sale is illegal across the EU, it is manufactured and used in Sweden, which has an exemption, and Norway, which is not an EU member.

Swedish Match, the company that tipped off Brussels over allegations of corruption, said Friday it was offered the opportunity to pay €60 million to thwart the new EU tobacco legislation.

“I can say that those are the amounts we are talking about, and I’d also like to stress that for us the amount of money does not matter,” company spokesman Patrik Hildingsson told AFP last week.

He said the payment to a Maltese businessman with links to Dalli would have been made in two installments, with €10 million due before new legislation was enacted and the remaining €50 million to be paid when the new rules were in place.

The European Union executive has temporarily replaced Dalli, and on Monday the president of the 27-person commission, Jose Manuel Barroso, cleared Malta’s proposal to replace him with Foreign Minister Tonio Borg, the first step in a possible nomination.

Meanwhile, Dalli claimed to have been framed by the tobacco industry and sacrificed by Barroso without being offered the benefit of the doubt.

“I did not offer my resignation but you demanded for it,” he wrote in a letter released by the New Europe website.

“I did not get 24 hours to contact a lawyer or family but only 30 minutes,” he said.

“My right to presumption of innocence was breached.”

The commission spokesman insisted however that Dalli was “presumed innocent until proved guilty” and said: “If there is a legal follow-up, that is up to the Maltese.”

Corruption watchdog Corporate Europe Observatory said the case should serve as a wake-up call to the commission to tighten up rules on lobbying.

“The European Commission is the focus of intense lobbying, and many business lobbyists benefit from easy access and close contact,” it said. “This opens the door to the potential for corruption.”

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BREXIT

OPINION: Pre-Brexit Brits in Europe should be given EU long-term residency

The EU has drawn up plans to make it easier for non-EU citizens to gain longterm EU residency so they can move more easily around the bloc, but Italy-based citizens' rights campaigner Clarissa Killwick says Brits who moved to the EU before Brexit are already losing out.

OPINION: Pre-Brexit Brits in Europe should be given EU long-term residency

With all the talk about the EU long-term residency permit and the proposed improvements there is no mention that UK citizens who are Withdrawal Agreement “beneficiaries” are currently being left out in the cold.

The European Commission has stated that we can hold multiple statuses including the EU long-term permit (Under a little-known EU law, third-country nationals can in theory acquire EU-wide long-term resident status if they have lived ‘legally’ in an EU country for at least five years) but in reality it is just not happening.

This effectively leaves Brits locked into their host countries while other third country nationals can enjoy some mobility rights. As yet, in Italy, it is literally a question of the computer saying no if someone tries to apply.

The lack of access to the EU long-term permit to pre-Brexit Brits is an EU-wide issue and has been flagged up to the European Commission but progress is very slow.

READ ALSO: EU government settle on rules for how non-EU citizens could move around Europe

My guess is that few UK nationals who already have permanent residency status under the Withdrawal Agreement are even aware of the extra mobility rights they could have with the EU long-term residency permit – or do not even realise they are two different things.

Perhaps there won’t be very large numbers clamouring for it but it is nothing short of discrimination not to make it accessible to British people who’ve built their lives in the EU.

They may have lost their status as EU citizens but nothing has changed concerning the contributions they make, both economically and socially.

An example of how Withdrawal Agreement Brits in Italy are losing out

My son, who has lived almost his whole life here, wanted to study in the Netherlands to improve his employment prospects.

Dutch universities grant home fees rather than international fees to holders of an EU long-term permit. The difference in fees for a Master’s, for example, is an eye-watering €18,000. He went through the application process, collecting the requisite documents, making the payments and waited many months for an appointment at the “questura”, (local immigration office).

On the day, it took some persuading before they agreed he should be able to apply but then the whole thing was stymied because the national computer system would not accept a UK national. I am in no doubt, incidentally, that had he been successful he would have had to hand in his WA  “carta di soggiorno”.

This was back in February 2022 and nothing has budged since then. In the meantime, it is a question of pay up or give up for any students in the same boat as my son. There is, in fact, a very high take up of the EU long-term permit in Italy so my son’s non-EU contemporaries do not face this barrier.

Long-term permit: The EU’s plan to make freedom of movement easier for non- EU nationals 

Completing his studies was stalled by a year until finally his Italian citizenship came through after waiting over 5 years.  I also meet working adults in Italy with the EU long-term permit who use it for work purposes, such as in Belgium and Germany, and for family reunification.  

Withdrawal agreement card should double up as EU long-term residency permit

A statement that Withdrawal Agreement beneficiaries should be able to hold multiple statuses is not that easy to find. You have to scroll quite far down the page on the European Commission’s website to find a link to an explanatory document. It has been languishing there since March 2022 but so far not proved very useful.

It has been pointed out to the Commission that the document needs to be multilingual not just in English and “branded” as an official communication from the Commission so it can be used as a stand-alone. But having an official document you can wave at the immigration authorities is going to get you nowhere if Member State governments haven’t acknowledged that WA beneficiaries can hold multiple statuses and issue clear guidance and make sure systems are modified accordingly.

I can appreciate this is no mean feat in countries where they do not usually allow multiple statuses or, even if they do, issue more than one residency card. Of course, other statuses we should be able to hold are not confined to EU long-term residency, they should include the EU Blue Card, dual nationality, family member of an EU citizen…

Personally, I do think people should be up in arms about this. The UK and EU negotiated an agreement which not only removed our freedom of movement as EU citizens, it also failed to automatically give us equal mobility rights to other third country nationals. We are now neither one thing nor the other.

It would seem the only favour the Withdrawal Agreement did us was we didn’t have to go out and come back in again! Brits who follow us, fortunate enough to get a visa, may well pip us at the post being able to apply for EU long-term residency as clearly defined non-EU citizens.

I have been bringing this issue to the attention of the embassy in Rome, FCDO and the European Commission for three years now. I hope we will see some movement soon.

Finally, there should be no dragging of heels assuming we will all take citizenship of our host countries. Actually, we shouldn’t have to, my son was fortunate, even though it took a long time. Others may not meet the requirements or wish to give up their UK citizenship in countries which do not permit dual nationality.  

Bureaucratic challenges may seem almost insurmountable but why not simply allow our Withdrawal Agreement permanent card to double up as the EU long-term residency permit.

Clarissa Killwick,

Since 2016, Clarissa has been a citizens’ rights campaigner and advocate with the pan-European group, Brexpats – Hear Our Voice.
She is co-founder and co-admin of the FB group in Italy, Beyond Brexit – UK citizens in Italy.

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