45 Amendments of Martina ANDERSON related to 2012/0366(COD)
Amendment 60 #
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products lays down rules at Union level concerning tobacco products. Due to scientific, market and international developments, including the improved availability on the market of e-cigarettes, substantial changes are to be made to that Directive. For the sake of clarity it is appropriate to repeal Directive 2001/37/EC and to replace it by a new Directive.
Amendment 63 #
Proposal for a directive
Recital 4
Recital 4
(4) In other areas there are still substantial differences between the Member States' laws, regulations and administrative provisions on the manufacture, presentation, and sale of tobacco and related products which impede the functioning of the internal market. In the light of scientific, market and international developments these discrepancies are expected to increase. This applies in particular to nicotine containing products, herbal products for smoking, ingredients and emissions, certain aspects of labelling and packaging and the, cross-border distance saleand internet sales of tobacco products and point-of- sale displays of tobacco products.
Amendment 64 #
Proposal for a directive
Recital 6
Recital 6
(6) The size of the internal market in tobacco and related products, the increasing tendency of manufacturers of tobacco products to concentrate production for the whole of the Union in only a small number of production plants within the Member States and the resulting significant cross-border trade, including internet sales, of tobacco and related products calls for legislative action at Union rather than national level to achieve the smooth operation of the internal market. and to harmonize a Union common safeguard of human health
Amendment 69 #
Proposal for a directive
Recital 8
Recital 8
(8) In accordance with Article 114(3) of the Treaty of the Functioning of the European Union (hereinafter: ‘Treaty’), a high level of health protection should be taken as a basis, regard being had, in particular, to any new developments based on scientific facts. Tobacco products are not ordinary commodities and in view of the particularly harmful effects of tobacco, health protection should be given high importance, in particular to reduce smoking prevalence among young people. and to avoid any harmful consequence both to vulnerable groups and to all citizens by eliminating passive smoking where possible.
Amendment 91 #
Proposal for a directive
Recital 14
Recital 14
(14) The lack of a harmonised approach on ingredients regulation affects the functioning of the internal market and impacts on the free movement of goods across the EU and impedes an effective harmonised investigation at EU level on the health effects and attractiveness of tobacco products. Some Member States have adopted legislation or entered into binding agreements with the industry allowing or prohibiting certain ingredients or their combination. As a result, some ingredients are regulated in some Member States, but not in others. Member States are also taking different approaches as regards additives integrated in the filter of cigarettes as well as additives colouring the tobacco smoke. Without harmonisation, the obstacles on both the safeguard of citizens' health and the internal market are expected to increase in the coming years taking into account the implementation of the FCTC and its guidelines and considering experience gained in other jurisdictions outside the Union. The guidelines on Articles 9 and 10 FCTC call in particular for the removal of ingredients that increase palatability, create the impression that the tobacco products have health benefits, are associated with energy and vitality or have colouring properties.
Amendment 93 #
Proposal for a directive
Recital 14
Recital 14
(14) The lack of a harmonised approach on ingredients regulation affects the functioning of the internal market and impacts on the free movement of goods across the EU. Some Member States have adopted legislation or entered into binding agreements with the industry allowing or prohibiting certain ingredients. As a result, some ingredients are regulated in some Member States, but not in others. Member States are also taking different approaches as regards additives integrated in the filter of cigarettes as well as additives colouring the tobacco smoke. Without harmonisation, the obstacles on the internal market are expected to increase in the coming years taking into account the implementation of the FCTC and its guidelines and considering experience gained in other jurisdictions outside the Union. It is thus appropriate to introduce a positive list of additives that may be used in tobacco products. The guidelines on Articles 9 and 10 FCTC call in particular for the removal of ingredients that increase palatability, create the impression that the tobacco products have health benefits, are associated with energy and vitality or have colouring properties.
Amendment 95 #
Proposal for a directive
Recital 14 b (new)
Recital 14 b (new)
(14 b) It is important not only to consider the properties of additives as such, but also of their combustion products. Additives as well as their combustion products should not meet the criteria for classification as hazardous in accordance with Regulation EC (No) 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures1. _____________ 1 OJ L 353, 31.12.2008, p. 1.
Amendment 106 #
Proposal for a directive
Recital 16
Recital 16
(16) The prohibition of tobacco products with characterising flavours does not prohibit the use of individual additives altogether, but obliges the manufactures to reduce the additive or the combination of additives to such an extent that the additives no longer result in a characterising flavour. The use of additives necessary for manufacturing of tobacco products should be allowed, as long as they do not result in a characterising flavour.. The Commission should ensure uniform conditions for the implementation of the provision on characterising flavour. Independent panels should be used by the Member States and by the Commission to assist in such decision makingflavour and are not linked to attractiveness. The application of this Directive should not discriminate between different tobacco varieties.
Amendment 115 #
Proposal for a directive
Recital 17
Recital 17
(17) Certain additives are used to create the impression that tobacco products have health benefits, present reduced health hazards or increase mental alertness and physical performance. Other additives such as sugar are used to mitigate or to improve the flavour and taste of tobacco products in order to enable easier consumption. These additives should be prohibited in order to ensure uniform rules and a high level of health protection.
Amendment 120 #
Proposal for a directive
Recital 18
Recital 18
Amendment 121 #
Proposal for a directive
Recital 18
Recital 18
Amendment 137 #
Proposal for a directive
Recital 22
Recital 22
(22) The labelling provisions also need to be adapted to new scientific evidence. For example the indication of the yields for tar, nicotine and carbon monoxide on cigarette packets have proven to be misleading as it makes consumers believe that certain cigarettes are less harmful than others. Evidence also suggests that large combined health warnings with both clear pictorial and text warnings are more effective than text-only warnings. In this light combined health warnings should become mandatory throughout the Union and cover significant and visible parts of the packet surface. A minimum size should be set for all health warnings to ensure their visibility and effectiveness.
Amendment 154 #
Proposal for a directive
Recital 23 b (new)
Recital 23 b (new)
(23 b) Studies have shown that standardising the presentation of the name of the trade mark and of the pack colour (plain packaging) makes packaging less attractive and enhances the effectiveness of health warnings, thereby decreasing smoking uptake and tobacco consumption. The guidelines on Articles 11 and 13 FCTC call on Parties to consider adopting plain packaging requirements.
Amendment 157 #
Proposal for a directive
Recital 24
Recital 24
(24) The labelling of tobacco products for smoking, other than cigarettes and roll- your-own tobacco products, which are mainly consumed by older consumers, should be granted an exemption from certain labelling requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. The labelling of these other tobacco products should follow specific rules. The visibility of the health warnings on smokeless tobacco products needs to be ensured. Warnings should therefore be placed on the two main surfaces of smokeless tobacco product packaging.
Amendment 167 #
Proposal for a directive
Recital 28
Recital 28
(28) In order to ensure independence and transparency, manufacturers of tobacco productMember States should conclude data storage contracts with independent third parties, under the auspices of an external auditor, who should be appointed by the Commission. The data related to the tracking and tracing system should be kept separate from other company related data and be under the control of and accessible at all times by the competent authorities from Member States and the Commission. Member States should ensure full transparency and accessibility of the data storage facilities for the competent authorities of the Member States, the Commission and the independent third party on a permanent basis.
Amendment 175 #
Proposal for a directive
Recital 30
Recital 30
(30) Cross-border distance sales of tobacco facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this Directive. Common rules on a notification system are necessary to ensure that this Directive achieves its full potential. The provision on notification of cross-border distance sales of tobacco in this Directive should apply notwithstanding the notification procedure set out in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services . Business to consumer distance sale of tobacco products is further regulated by Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, which will be replaced by Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, as of 13 June 2014and internet sales should be prohibited.
Amendment 183 #
Proposal for a directive
Recital 30 c (new)
Recital 30 c (new)
(30 c) Member States apply different rules in allowing retailers and locally authorised sellers to advertise and display tobacco products within their premises: The provisions adopted in certain Members States which ban point of sale displays should be extended and considered as helpful in reducing tobacco consumption amongst young people.
Amendment 184 #
Proposal for a directive
Recital 30 d (new)
Recital 30 d (new)
(30 d) Free distribution of tobacco products as promotional advertising, still used via online retail or tolerated in some public places in some Member States, should be prohibited.
Amendment 251 #
Proposal for a directive
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) the prohibition of cross-border distance sales and internet sales of tobacco products;
Amendment 256 #
Proposal for a directive
Article 1 – paragraph 1 – point f
Article 1 – paragraph 1 – point f
(f) the placing on the market and the labelling of certain products, which are related to tobacco products, namely nicotine-containing products such as e- cigarettes and herbal products for smoking;
Amendment 283 #
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, 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 291 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
Amendment 296 #
Proposal for a directive
Article 2 – paragraph 1 – point 12 a (new)
Article 2 – paragraph 1 – point 12 a (new)
(12a) Comprehensive information should be provided by e-cigarette manufacturers concerning the different ingredients of their products, the effects of nicotine vaporization as well as any other impacts on human health due to the inhalation of potentially carcinogenic substances.
Amendment 323 #
Proposal for a directive
Article 2 – paragraph 1 – point 24 a (new)
Article 2 – paragraph 1 – point 24 a (new)
(24a) ‘outside transport packaging’ means any packaging, consisting of an aggregation of unit packets, in which tobacco products are transported from the manufacturer to the subsequent economic operators before being placed on the market, such as cartons, master cases and pallets;
Amendment 414 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall notify the Commission of the methods of measurement that they use for other emissions of cigarettes and for emissions of tobacco products other than cigarettes as well as vapours inhaled from e-cigarettes. Based on these methods, and taking into account scientific and technical developments as well as internationally agreed standards the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt methods of measurement.
Amendment 520 #
Proposal for a directive
Article 6 – paragraph 4 – point a a (new)
Article 6 – paragraph 4 – point a a (new)
(a a) sugar or similar additives which mitigate or alter the original tobacco flavour or taste in order to improve its palatability or attractiveness, or
Amendment 566 #
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
Amendment 620 #
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 50% of the surface on which they are printed. For tobacco for smoking other than cigarettes and roll- your-own tobacco, the general warning and the information message shall be printed on the lateral sides of the unit packets. Both the general warning and the information message shall cover at least 50% of the surface on which they are printed.
Amendment 641 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Each unit packet and any outside packaging of tobacco for smoking shall carry combined picture and text health warnings. The combined health warnings shall:
Amendment 678 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 75 80% of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 719 #
Proposal for a directive
Article 9 – paragraph 1 – point g – point i
Article 9 – paragraph 1 – point g – point i
(i) height: not less than 648 mm;
Amendment 761 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Tobacco products for smoking other than cigarettes and roll-your-own tobacco shall be exempted from the obligations to carry the information message laid down in Article 8(2) and the combined health warnings in Article 9. In addition to the general warning specified in Article 8(1), each unit packet and any outside packaging of these products shall carry a text warning listed in Annex I. The general warning specified in Article 8(1) shall include a reference to the cessation services in accordance with Article 9(1)(b).
Amendment 766 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The general warning referred to in paragraph 1 shall cover 3at least 50 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 352 % for Member States with two official languages and 355 % for Member States with three official languages.
Amendment 771 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The text warning referred to in paragraph 1 shall cover 460 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 465 % for Member States with two official languages and 580 % for Member States with three official languages.
Amendment 974 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outlet, record the entry of all unit packets and outside transport packaging into their possession, as well as all intermediate movements and the final exit from their possession. This obligation can be fulfilled by recording in aggregated form, e.g. of outside packaging, provided that tracking and tracing of unit packets remains possible.
Amendment 1035 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall oblige retail outlets intending to engage in cross-border distance sales to consumers located in the Union to register with the competent authorities in the Member State where theprohibit 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 engageir own territory from trading or being involved in cross- border distance sales shall submit at least the following information to the competent authoritiand internet sales:.
Amendment 1048 #
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 1056 #
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 1064 #
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 1073 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 1083 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 1093 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 1101 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 1109 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16 a Point-of-sale displays of tobacco 1. Member States shall prohibit point-of- sale displays of tobacco in their territory. 2. Tobacco products shall be completely concealed from the customer except during the purchase or sale of tobacco products, or stocktaking, restocking, staff training or maintenance of the storage unit. 3. Display of tobacco products for those reasons listed in paragraph 2 may only last as long as is necessary to complete those tasks. 4. Prices of tobacco products shall be listed in a standardised format. No package deals or special discounts shall be displayed.
Amendment 1316 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. However, a Member State may maintain more stringent national provisions, applicable to all products alike, in areas covered by the Directive, on grounds of overriding needs relating to the protection of public health. Provisions recommending retailers of tobacco products to not display them at the point of sale are considered suitable measures to safeguard public health. A Member State may also introduce more stringent provisions, on grounds relating to the specific situation of this Member State and provided the provisions are justified by the need to protect public health. Such national provisions shall be notified to the Commission together with the grounds for maintaining or introducing them. The Commission shall, within six months from the date of receiving the notification, approve or reject the provisions after having verified, taking into account the high level of health protection achieved through this Directive, whether or not they are justified, necessary and proportionate to their aim and whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between the Member States. In the absence of a decision by the Commission within this period the national provisions shall be deemed to be approved.