Activities of Ewald STADLER related to 2012/0366(COD)
Plenary speeches (1)
Manufacture, presentation and sale of tobacco and related products (debate)
Amendments (123)
Amendment 9 #
Proposal for a directive
Recital 11
Recital 11
(11) In relation to the fixing of maximum yields, it might be necessary and appropriate at a later date to adapt the yields fixed or to fix maximum thresholds for emissions, taking into consideration scientific developments and internationally agreed standards against which their toxicity or addictiveness is assessed.
Amendment 16 #
Proposal for a directive
Recital 15
Recital 15
(15) The likelihood of diverging regulation is further increased by concerns over tobacco products, including smokeless tobacco products, having a characterising flavour other than tobacco, which may facilitate uptake of tobacco consumption or affect consumption patterns. For example, in many countries, sales of mentholated products gradually increased even as smoking prevalence overall declined. A number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people. Measures introducing unjustified differences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoided.
Amendment 24 #
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may misleadcould, under certain circumstances, convey the impression to consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, ‘natural’, ‘organic’, ‘without additives’, ‘without flavours’, ‘slim’, names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed.
Amendment 27 #
Proposal for a directive
Recital 11
Recital 11
(11) In relation to the fixing of maximum yields, it might be necessary and appropriate at a later date to adapt the yields fixed or to fix maximum thresholds for emissions, namely by taking into consideration scientific developments and internationally agreed standards for assessing their toxicity or addictiveness.
Amendment 37 #
Proposal for a directive
Recital 38
Recital 38
(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methodthe methods of measuring emissions, setting maximum levels for ingredients that increase toxicity, addictiveness or attraddictiveness, the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 37 #
Proposal for a directive
Recital 15
Recital 15
(15) The likelihood of diverging regulation is further increased by concerns over tobacco products, including smokeless tobacco products, having a characterising flavour other than tobacco, which may facilitate uptake of tobacco consumption or affect consumption patterns. For example, in many countries, sales of mentholated products gradually increased even as smoking prevalence overall declined. A number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people. Measures introducing unjustified differences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoided36 .
Amendment 39 #
Proposal for a directive
Recital 40
Recital 40
(40) A Member State that deems it necessary to maintain more stringent national provisions for aspects falling inside the scope of this Directive should be allowed to do so, for all products alike, on grounds of overriding needs relating to the protection of public health. A Member State should also be allowed to introduce more stringent provisions, applying to all products alike, on grounds relating to the specific situation of this Member State and provided the provisions are justified by the need to protect public health. More stringent national provisions should be necessary and proportionate, not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. Stricter national provisions require prior notification to, and approval from, the Commission taking into account the high level of health protection achieved through this Directive. One example of a means of arbitrary discrimination is the rule that the surface covered by warnings be raised to over 60 %. The aim of this Directive is to introduce uniform packaging and labelling requirements, so strict criteria must be applied regarding the leeway for Member States to adopt standards that diverge considerably from the rules laid down in this Directive.
Amendment 41 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) This Directive lays down very comprehensive uniform rules governing the manufacture, design and marketing of tobacco products and similar products. Many of its provisions encroach on fundamental rights. In the interests of legal certainty, Member States should not be allowed to adopt provisions which depart from any of the labelling and packaging requirements laid down in this Directive.
Amendment 48 #
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) If tobacco products or similar products comply with the requirements of this Directive, Member States may not prohibit or unreasonably restrict the import, sale or consumption of these products. Manufacturers must continue to enjoy the safeguard of a minimum level of legal certainty.
Amendment 48 #
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may misleadcould, under certain circumstances, convey the impression to consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, '‘natural'’, '‘organic'’, ‘without additives’, ‘without flavours’, '‘slim'’, names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed.
Amendment 49 #
Proposal for a directive
Recital 42
Recital 42
(42) Member States should ensure that personal data are only processed in accordance with the rules and safeguards laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. National data protection provisions must also be taken into account.
Amendment 51 #
Proposal for a directive
Recital 45
Recital 45
(45) The proposal affects several fundamental rights as laid down in the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom of expression and information (Article 11), freedom of economic operators to conduct business (Article 16), and the right to property (Article 17). The obligations imposed on manufacturers, importers and distributors of tobacco products are necessary to improve the functioning of the internal market while ensuring a high level of health and consumer protection as set out in Articles 35 and 38 of the Charter of Fundamental Rights of the European Union. The application of this Directive should respect the EU law and relevant international obligations.
Amendment 61 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘characterising flavour’ means a distinguishable aroma or taste other than tobacco or menthol, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;
Amendment 77 #
Proposal for a directive
Recital 42
Recital 42
(42) Member States should ensure that personal data are only processed in accordance with the rules and safeguards laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data45. National data protection provisions must also be taken into account.
Amendment 79 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 79 #
Proposal for a directive
Recital 45
Recital 45
(45) The proposal affects several fundamental rights as laid down in the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom of expression and information (Article 11), freedom of economic operators to conduct business (Article 16), and the right to property (Article 17). The obligations imposed on manufacturers, importers and distributors of tobacco products are necessary to improve the functioning of the internal market while ensuring a high level of health and consumer protection as set out in Articles 35 and 38 of the Charter of Fundamental Rights of the European Union. The application of this Directive should respect the EU law and relevant international obligations.
Amendment 81 #
Proposal for a directive
Recital 38
Recital 38
(38) ) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methodthe measurement methods for emissions, setting maximum levels for ingredients that increase toxicity, addictiveness or attraddictiveness, the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 82 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 86 #
Proposal for a directive
Recital 40
Recital 40
(40) A Member State that deems it necessary to maintain more stringent national provisions for aspects falling inside the scope of this Directive should be allowed to do so, for all products alike, on grounds of overriding needs relating to the protection of public health. A Member State should also be allowed to introduce more stringent provisions, applying to all products alike, on grounds relating to the specific situation of this Member State and provided the provisions are justified by the need to protect public health. More stringent national provisions should be necessary and proportionate, not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. Stricter national provisions require prior notification to, and approval from, the Commission taking into account the high level of health protection achieved through this Directive. One example of a means of arbitrary discrimination is the rule that the surface covered by warnings be raised to over 60%. The aim of this Directive is to introduce uniform packaging and labelling requirements, so strict criteria must be applied regarding the leeway for Member States to adopt standards that diverge considerably from the rules established in this Directive.
Amendment 88 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) This Directive takes a very comprehensive approach to creating uniform rules for the manufacture, presentation and sale of tobacco products and similar products. Many of the rules in the Directive enter the area of fundamental rights. In order to allay concerns regarding legal certainty, Member States should not be allowed to adopt any provisions that diverge from the labelling and packaging requirements standardised in this Directive.
Amendment 94 #
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) If tobacco products or similar products comply with the requirements of this Directive, Member States may not prohibit or unreasonably restrict the import, sale or consumption of these products. Manufacturers must retain the safeguard of a certain minimum level of legal certainty.
Amendment 96 #
Proposal for a directive
Recital 42
Recital 42
(42) Member States should ensure that personal data are only processed in accordance with the rules and safeguards laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data45. National data protection provisions must also be taken into account.
Amendment 97 #
Proposal for a directive
Recital 45
Recital 45
(45) The proposal affects several fundamental rights as laid down in the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom of expression and information (Article 11), freedom of economic operators to conduct business (Article 16), and the right to property (Article 17). The obligations imposed on manufacturers, importers and distributors of tobacco products are necessary to improve the functioning of the internal market while ensuring a high level of health and consumer protection as set out in Articles 35 and 38 of the Charter of Fundamental Rights of the European Union. The application of this Directive should respect the EU law and relevant international obligations.
Amendment 100 #
Proposal for a directive
Recital 15
Recital 15
(15) The likelihood of diverging regulation is further increased by concerns over tobacco products, including smokeless tobacco products, having a characterising flavour other than tobacco, which may facilitate uptake of tobacco consumption or affect consumption patterns. For example, in many countries, sales of mentholated products gradually increased even as smoking prevalence overall declined. A number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people. Measures introducing unjustified differences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoided.
Amendment 104 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'characterising flavour' means a distinguishable aroma or taste other than tobacco or menthol, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;
Amendment 106 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 113 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 75a maximum of 43 % of the external area of both the front and 62 % of the external area of the back surface of the unit packet and any outside packaging;
Amendment 122 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 134 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 138 #
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) cover 3015 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 3520 % for Member States with three official languages.
Amendment 138 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 139 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 141 #
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may misleadcould, under certain circumstances, convey the impression to consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, '‘natural'’, '‘organic'’, ‘without additives’, ‘without flavours’, '‘slim'’, names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed.
Amendment 142 #
Proposal for a directive
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(aa) suggests that a particular tobacco product is less harmful than others, except in cases in which it can be scientifically demonstrated that the harmful effect is significantly less than that of tobacco products already available for purchase;
Amendment 143 #
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) suggests that a particular tobacco product is less harmful than others or has vitalising, energetic,has healing, rejuvenating, natural, organic or otherwise positive health or social effects;
Amendment 149 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall notify the Commission of the maximum yields that they set for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Taking into account internationally agreed standards, where available, and based on scientific evidence and on the yields notified by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt maximum yields for other emissions of cigarettes and for emissions of tobacco products other than cigarettes that increase in an appreciable manner the toxic or addictive effect of tobacco products beyond the threshold of toxicity and addictiveness stemming from the yields of tar, nicotine and carbon monoxide fixed in paragraph 1.
Amendment 152 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself. Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.
Amendment 163 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 168 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 185 #
Proposal for a directive
Article 14 – paragraph 9
Article 14 – paragraph 9
Amendment 186 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets. These warnings shall have a width of not less than 20 mm and a height of not less than 43 mm. For roll-your-own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet. Both the general warning and the information message shall cover 5020 % of the surface on which they are printed.
Amendment 187 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 201 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 75at least 20 % and a maximum of 50 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 216 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) products with a nicotine concentration exceeding 24 mg per ml or
Amendment 217 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 219 #
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 222 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The health warning shall comply with the requirements laid down in Article 10(4). It shall cover not less than 3015 % of the area of the corresponding surface of the unit packet and of any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 3520 % for Member States with three official languages.
Amendment 223 #
Proposal for a directive
Recital 38
Recital 38
(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methods for emissions, setting maximum levels for ingredients that increase toxicity, or addictiveness or attractiveness, the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 224 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Delegated acts may be adopted only in those cases where provision is expressly made in this Directive for such a delegation of power.
Amendment 225 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of timetwo years from [Office of Publications: please insert the date of the entry into force of this Directive].
Amendment 226 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The delegation of powers referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 226 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 227 #
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. . A delegated act pursuant to Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 228 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 231 #
Proposal for a directive
Recital 40
Recital 40
(40) A Member State that deems it necessary to maintain more stringent national provisions for aspects falling inside the scope of this Directive should be allowed to do so, for all products alike, on grounds of overriding needs relating to the protection of public health. A Member State should also be allowed to introduce more stringent provisions, applying to all products alike, on grounds relating to the specific situation of this Member State and provided the provisions are justified by the need to protect public health. More stringent national provisions should be necessary and proportionate, not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. Stricter national provisions require prior notification to, and approval from, the Commission taking into account the high level of health protection achieved through this Directive. One example of a means of arbitrary discrimination is the rule that the surface covered by warnings be raised to over 60%. The aim of this Directive is to introduce uniform packaging and labelling requirements, so strict criteria must be applied regarding the leeway for Member States to adopt standards that diverge considerably from the rules established in this Directive.
Amendment 232 #
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. This Directive shall not affect the right of Member States to maintain or introduce, in accordance with the Treaty, national provisions concerning aspects not regulated by this Directive. These national provisions must be justified by overriding reasons of public interest and be necessary and proportionate to their aim. They must not be a means of arbitrary discrimination or a disguised restriction on trade between the Member States and must not jeopardise the full application of this Directive.
Amendment 232 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The general warning referred to in paragraph 1 shall cover 3015 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 3520 % for Member States with three official languages.
Amendment 233 #
Proposal for a directive
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. This Directive shall under no circumstances affect the right of Member States to adopt more stringent rules, provided they are essential for the protection of public health and do not go disproportionately further than the standards laid down in, or fall outside the scope of, this Directive.
Amendment 234 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The text warning referred to in paragraph 1 shall cover 4at least 20 % of the external area of the corresponding surface of the unit packet and any outside packaging. That minimum proportion shall be increased to 425 % for Member States with two official languages and 530 % for Member States with three official languages.
Amendment 236 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 238 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 75 a maximum of 43% of the external area of both the front andsurface and a maximum of 62% of the external area of the back surface of the unit packet and any outside packaging;
Amendment 239 #
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) If tobacco products or similar products comply with the requirements of this Directive, Member States may not prohibit or unreasonably restrict the import, sale or consumption of these products. Manufacturers must retain the safeguard of a certain minimum level of legal certainty.
Amendment 240 #
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) cover 3015 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 3520 % for Member States with three official languages.
Amendment 241 #
Proposal for a directive
Recital 42
Recital 42
(42) Member States should ensure that personal data are only processed in accordance with the rules and safeguards laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. National data protection provisions must also be taken into account.
Amendment 242 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 244 #
Proposal for a directive
Recital 45
Recital 45
(45) The proposal affects several fundamental rights as laid down in the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom of expression and information (Article 11), freedom of economic operators to conduct business (Article 16), and the right to property (Article 17). The obligations imposed on manufacturers, importers and distributors of tobacco products are necessary to improve the functioning of the internal market while ensuring a high level of health and consumer protection as set out in Articles 35 and 38 of the Charter of Fundamental Rights of the European Union. The application of this Directive should respect the EU law and relevant international obligations.
Amendment 246 #
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
b) suggests that a particular tobacco product is less harmful than others or has vitalising, energetic,has healing, rejuvenating, natural, organic or otherwise positive health or social effects;
Amendment 250 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, inserts, scratch-offs and sleeve and inserts or relate to the shape of the tobacco product itself. Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.
Amendment 264 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 268 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 272 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 279 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'characterising flavour' means a distinguishable aroma or taste other than tobacco or menthol, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;
Amendment 288 #
Proposal for a directive
Article 14 – paragraph 9
Article 14 – paragraph 9
Amendment 303 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 308 #
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) cover 3015 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 35 20 % for Member States with three official languages.
Amendment 311 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 315 #
Proposal for a directive
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(aa) suggests that a particular tobacco product is less harmful than others, except in cases in which it can be scientifically demonstrated that the harmful effect is significantly less than that of tobacco products already available for purchase;
Amendment 316 #
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) suggests that a particular tobacco product is less harmful than others or has vitalising, energetic,has healing, rejuvenating, natural, organic or otherwise positive health or social effects;
Amendment 316 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
b) products with a nicotine concentration exceeding 24 mg per ml or
Amendment 318 #
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 322 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The health warning shall comply with the requirements laid down in Article 10(4). It shall cover not less than 3015 % of the area of the corresponding surface of the unit packet and of any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 3520 % for Member States with three official languages.
Amendment 324 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Delegated acts may only be adopted in those cases where provision is expressly made in this Directive for such a delegation of power.
Amendment 325 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of timewo years from [Office of Publications: please insert the date of the entry into force of this Directive].
Amendment 331 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The delegation of powers referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 332 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. : Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself. Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.
Amendment 337 #
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. A delegated act pursuant to Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 350 #
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. This Directive shall not affect the right of Member States to maintain or introduce, in accordance with the Treaty, national provisions concerning aspects not regulated by this Directive. These national provisions must be justified by overriding reasons of public interest and be necessary and proportionate to their aim. They must not be a means of arbitrary discrimination or a disguised restriction on trade between the Member States and must not jeopardise the full application of this Directive.
Amendment 351 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 360 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 367 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 372 #
Proposal for a directive
Article 14 – paragraph 9
Article 14 – paragraph 9
Amendment 387 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall notify the Commission of the maximum yields that they set for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Taking into account internationally agreed standards, where available, and based on scientific evidence and on the yields notified by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt maximum yields for other emissions of cigarettes and for emissions of tobacco products other than cigarettes that increase in an appreciable manner the toxic or addictive effect of tobacco products beyond the threshold of toxicity and addictiveness stemming from the yields of tar, nicotine and carbon monoxide fixed in paragraph 1.
Amendment 422 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) products with a nicotine concentration exceeding 24 mg per ml or
Amendment 436 #
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 440 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The health warning shall comply with the requirements laid down in Article 10(4). It shall cover not less than 3015 % of the area of the corresponding surface of the unit packet and of any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 3520 % for Member States with three official languages.
Amendment 441 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Delegated acts may only be adopted in those cases where provision is expressly made in this Directive for such a delegation of power.
Amendment 443 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of timewo years from [Office of Publications: please insert the date of the entry into force of this Directive]. [Office of Publications: please insert the date of the entry into force of this Directive].
Amendment 452 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The delegation of powers referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 460 #
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. A delegated act pursuant to Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 469 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 472 #
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. This Directive shall not affect the right of Member States to maintain or introduce, in accordance with the Treaty, national provisions concerning aspects not regulated by this Directive. These national provisions must be justified by overriding reasons of public interest and be necessary and proportionate to their aim. They must not be a means of arbitrary discrimination or a disguised restriction on trade between the Member States and must not jeopardise the full application of this Directive.
Amendment 473 #
Proposal for a directive
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
Amendment 625 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 660 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 7543 % of the external area of both the front and 62 % of the external area of the back surface of the unit packet and any outside packaging;
Amendment 735 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 786 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 804 #
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) cover 3015 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 3520 % for Member States with three official languages.
Amendment 810 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 819 #
Proposal for a directive
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(aa) suggests that a particular tobacco product is less harmful than others, except in cases in which it can be scientifically demonstrated that the harmful effect is significantly less than that of tobacco products already available for purchase;
Amendment 821 #
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) suggests that a particular tobacco product is less harmful than others or has vitalising, energetic, healing, rejuvenating, natural, organic orhas healing, rejuvenating, otherwise positive health or social effects;
Amendment 854 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself. Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.
Amendment 907 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 923 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 1000 #
Proposal for a directive
Article 14 – paragraph 9
Article 14 – paragraph 9
Amendment 1195 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
b) products with a nicotine concentration exceeding 24 mg per ml or
Amendment 1244 #
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 1260 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The health warning shall comply with the requirements laid down in Article 10(4). It shall cover not less than 3015 % of the area of the corresponding surface of the unit packet and of any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 3520 % for Member States with three official languages.
Amendment 1266 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Delegated acts may only be adopted in cases in which this Directive expressly provides for such a delegation.
Amendment 1269 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of timewo years from [Office of Publications: please insert the date of the entry into force of this Directive].
Amendment 1280 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. TheA delegation of powers referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1289 #
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. A delegated act pursuant to Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 1320 #
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. This Directive shall not affect the right of Member States to maintain or introduce, in accordance with the Treaty, national provisions concerning aspects not regulated by this Directive. These national provisions must be justified by overriding reasons of public interest and be necessary and proportionate to their aim. They must not be a means of arbitrary discrimination or a disguised restriction on trade between the Member States and must not jeopardise the full application of this Directive.
Amendment 1321 #
Proposal for a directive
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3 a. This Directive shall under no circumstances affect the right of Member States to adopt more stringent rules, provided they are essential for the protection of public health and do not go excessively beyond the standards set in, or fall outside the scope of, this Directive.