BETA

Activities of Erik BÁNKI related to 2012/0366(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2012/0366(COD)

Amendments (44)

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘characterising flavour’ means a distinguishable aroma or taste other than tobacco, 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;deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘characterising flavour’ means a distinguishable aroma or taste other than tobacco and 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;

2013/05/14
Committee: ENVI

Proposal for a directive
Article 3 – paragraph 2

~~2. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 22 to adapt the maximum yields laid down in paragraph 1, taking into account scientific development and internationally agreed standards.~~

2013/05/14
Committee: ENVI

Proposal for a directive
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.deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1

Member States shall prohibit the ~~placing on the market of tobacco products wi~~use of flavours and flavourings defined in Annex ... to this Directive. Member States shall not prohibit the a ~~characterising flavour~~ddition of menthol to tobacco products.

2013/05/14
Committee: ENVI

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2

Member States shall not prohibit the use of additives which are essential for the manufacture of tobacco products, ~~as long as the additives do not result in a product with a characterising flavou~~such as sugar.

2013/05/14
Committee: ENVI

Proposal for a directive
Article 6 – paragraph 3

3. In case the experience gained in the application of paragraphs 1 and 2 shows that a certain additive or a combination thereof typically impart a characterising flavour when it exceeds a certain level of presence or concentration the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to set maximum levels for those additives or combination of additives that cause the characterising flavour.deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 6 – paragraph 8

8. The Commission shall at the request of a Member State or may on its own initiative determine by means of an implementing act whether a tobacco product falls within the scope of paragraph 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21 and shall be based on the latest scientific evidence.deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 6 – paragraph 9

9. In case scientific evidence and the experience gained in the application of paragraphs 7 and 8 shows that a certain additive or a certain quantity thereof amplify in an appreciable manner at the stage of consumption the toxic or addictive effect of a tobacco product the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to set maximum levels for those additives.deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 6 – paragraph 10

10. Tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.

2013/05/14
Committee: ENVI

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 – introductory part

~~Each unit packet and any outside packaging of tobacco for smoking shall carry the following information mess~~The tar, nicotine and carbon monoxide yields of cigarettes measured in accordance with Article 4 shall be printed on one side of the cigarette packet in the official language or languages of the Member State where the product is placed on the market, so that at least 10 % of the corresponding surface is covered. That percentage shall be raised to 12 % for Member States with two official languages and to 15 % for Member States with three official language:s.

2013/05/14
Committee: ENVI

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 – subparagraph 1

~~Tobacco smoke contains over 70 substances known to cause cancer~~deleted

2013/05/14
Committee: ENVI

Proposal for a directive
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 50% of the surface on which they are printed.

2013/05/14
Committee: ENVI

Proposal for a directive
Article 8 – paragraph 4 – point a

~~(a) to adapt the wording of the health warnings laid down in paragraphs 1 and 2 to scientific and market developments;~~deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 8 – paragraph 4 – point b

~~(b) to define the position, format, layout and design of the health warnings laid down in this Article, including their font type and background colour.~~deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 9 – paragraph 1 – point c

(c) cover 7540 % of the external area of ~~both~~ the front and 30 % of the back surface of the unit packet and any outside packaging;

2013/05/14
Committee: ENVI

Proposal for a directive
Article 9 – paragraph 1 – point e

(e) be positioned at the bottopm edge of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;

2013/05/14
Committee: ENVI

Proposal for a directive
Article 9 – paragraph 1 – point g

~~(g) for unit packets of cigarettes, respect the following dimensions: (i) height: not less than 64 mm; (ii) width: not less than 55 mm.~~deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 9 – paragraph 3 – point c

~~(c) define the position, format, layout, design, rotation and proportions of the health warnings;~~deleted

2013/05/21
Committee: ENVI

Proposal for a directive
Article 9 – paragraph 3 – point d

(d) by way of derogation from Article 7(3), lay down the conditions under which health warnings may be broken during unit packet opening in a manner that ensures the graphical integrity and visibility of the text, photographs and cessation information.deleted

2013/05/21
Committee: ENVI

Proposal for a directive
Article 10 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 22, to withdraw the exemption laid down in paragraph 1 if there is a substantial change of circumstances as established in a Commission report.~~

2013/05/21
Committee: ENVI

Proposal for a directive
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.~~

2013/05/21
Committee: ENVI

Proposal for a directive
Article 13 – paragraph 1

1. A unit packet of cigarettes shall have a cuboid shape. A unit packet of roll-your- own tobacco shall have the form of a pouch, i.e. a rectangular pocket with a flap that covers the opening. The flap of the pouch shall cover at least 70% of the front of the packet. A unit packet of cigarettes shall include at least 2019 cigarettes. A unit packet of roll-your-own tobacco shall contain tobacco weighing at least 40 g.

2013/05/21
Committee: ENVI

Proposal for a directive
Article 13 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22 to define more detailed rules for the shape and size of unit packets in so far as these rules are necessary to ensure the full visibility and integrity of the health warnings before the first opening, during the opening and after reclosing of the unit packet.

2013/05/21
Committee: ENVI

Proposal for a directive
Article 13 – paragraph 4

~~4. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22 to make either cuboid or cylindric shape mandatory for unit packets of tobacco products other than cigarettes and roll-your-own tobacco if there is a substantial change of circumstances as established in a Commission report.

2013/05/21
Committee: ENVI

Proposal for a directive
Article 14 – paragraph 1

1. Member States shall ensure that all unit packets of tobacco products shall be marked with a unique identifier. In order to ensure their integrity, unique identifiers shall be irremovably printed/affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or by the opening of the packet. In relation to products manufactured outside the Union the obligations laid down in this Article apply only to those destined to or placed on the Union market. In those Member States where tax stamps are applied on tobacco products the unique identifiers can be printed on the tax stamps.

2013/05/21
Committee: ENVI

Proposal for a directive
Article 14 – paragraph 2 – point e

(e) the product ~~name~~description;

2013/05/14
Committee: ENVI

Proposal for a directive
Article 14 – paragraph 8

8. In addition to the unique identifier, Member States shall require that all unit packets of tobacco products which are placed on the market carry a visible, tamper proof security feature of at least 1 cm², which shall be irremovably printed or affixed, indelible and in no way hidden or interrupted in any form~~, including through tax stamps and price marks, or other elements mandated by legislation~~. In those Member States where tax stamps are applied on tobacco products and the tax stamps applied comply with the requirements above, no additional security feature is required.

2013/05/14
Committee: ENVI

Proposal for a directive
Article 14 – paragraph 9

~~9. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22: (a) to define the key elements (such as duration, renewability, expertise required, confidentiality) of the contract referred to in paragraph 6, including its regular monitoring and evaluation; (b) to define the technical standards to ensure that the systems used for the unique identifiers and the related functions are fully compatible with each other across the Union and (c) to define the technical standards for the security feature and their possible rotation and to adapt them to scientific, market and technical development.

2013/05/14
Committee: ENVI

Proposal for a directive
Article 16 – paragraph 1 – introductory part

1. Member States shall ~~oblige retail outlets intending to engage in~~prohibit the cross- border distance sales to consumers located in the Union to register with the competent authorities in the Member State where the retail outlet is established and in the Member State where the actual or potential consumer is located. Retail outlets established outside the Union have to register with the competent authorities in the Member State where the actual or potential consumer is located. All retail outlets intending to engage in cross- border distance sales shall submit at least the following information to the competent authorities:of tobacco products

2013/05/14
Committee: ENVI

Proposal for a directive
Article 16 – paragraph 1 – point a

~~(a) name or corporate name and permanent address of the place of activity from where the tobacco products are supplied;~~deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 16 – paragraph 1 – point b

~~(b) the starting date of the activity of offering tobacco products for cross-border distance sales to the public by means of information society services;~~deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 16 – paragraph 1 – point c

~~(c) the address of the website/-s used for that purpose and all relevant information necessary to identify the website.~~deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 16 – paragraph 2

2. The competent authorities of the Member States shall publish the complete list of all retail outlets registered with them in accordance with the rules and safeguards laid down in Directive 95/46/EC Retail outlets may only start placing tobacco products on the market in form of distance sales as of the moment the name of the retail outlet is published in the relevant Member States.deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 16 – paragraph 3

3. If it is necessary in order to ensure compliance and facilitate enforcement, Member States of destination may require that the retail outlet nominates a natural person who is responsible for verifying the tobacco products before reaching the consumer comply with the national provisions adopted pursuant to this Directive in the Member State of destination.deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 16 – paragraph 4

4. Retail outlets engaged in distance sales shall be equipped with an age verification system, which verifies at the time of sale, that the purchasing consumer respects the minimum age foreseen under the national legislation of the Member State of destination. The retailer or nominated natural person shall report to the competent authorities a description of the details and functioning of the age verification system.deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 16 – paragraph 5

5. Personal data of the consumer shall only be processed in accordance with Directive 95/46/EC and not be disclosed to the manufacturer of tobacco products or companies forming part of the same group of companies or to any other third parties. Personal data shall not be used or transferred beyond the purpose of this actual purchase. This also applies if the retail outlet forms part of a manufacturer of tobacco products.deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 18 – paragraph 1 – introductory part

1. ~~The following n~~Nicotine-containing products may only be placed on the market if they were authorised pursuant to Directive 2001/83/EC:.

2013/05/14
Committee: ENVI

Proposal for a directive
Article 18 – paragraph 1 – point b

~~(b) products with a nicotine concentration exceeding 4 mg per ml or~~deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 18 – paragraph 1 – point c

~~(c) products whose intended use results in a mean maximum peak plasma concentration exceeding 4 ng of nicotine per ml.~~deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 18 – paragraph 2

~~2. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22 to update the nicotine quantities set out in paragraph 1 taking into account scientific developments and marketing authorisations granted to nicotine- containing products pursuant to Directive 2001/83/EC.

2013/05/14
Committee: ENVI

Proposal for a directive
Article 18 – paragraph 3

3. Each unit packet and any outside packaging of nicotine-containing products below the thresholds set out in paragraph 1 shall carry the following health warning: This product contains nicotine and can damage your health.deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 18 – paragraph 4

4. The health warning referred to in paragraph 3 shall comply with the requirements specified in Article 10(4). In addition, it shall: (a) be printed on the two largest surfaces of the unit packet and any outside packaging; (b) cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with three official languages.deleted

2013/05/14
Committee: ENVI

Proposal for a directive
Article 18 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22 to adapt the requirements in paragraphs 3 and 4 taking into account scientific and market developments and to adopt and adapt the position, format, layout, design and rotation of the health warnings.

2013/05/14
Committee: ENVI