[ParlTrack]

Proposal for a directive
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 sale~~and internet sales of tobacco products and point-of- sale displays of tobacco products.

2013/05/07
Committee: AGRI

Brian SIMPSON

Proposal for a directive
Recital 16

(16) The prohibition of ~~tobacco products with characterising flavours~~additives which improve the flavour of tobacco 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 ndo ~~longer result in a characterising flavour~~not improve the flavour or taste. The use of additives necessary for manufacturing of tobacco products should be allowed, as long as they do not ~~result in a characterising~~have a significant impact on the 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 making. The application of this Directive should not discriminate between different tobacco varieties.

2013/05/07
Committee: AGRI

Brian SIMPSON

Proposal for a directive
Recital 18

(18) Considering the Directive's focus on young people, tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco which are mainly consumed by older consumers, should be granted an exemption from certain ingredients requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people.deleted

2013/05/07
Committee: AGRI

Brian SIMPSON

Proposal for a directive
Recital 24

(24) 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.deleted

2013/05/07
Committee: AGRI

Brian SIMPSON

Proposal for a directive
Recital 30

(30) ~~Cross-border distance~~Internet 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 services40 , and should therefore be banned. 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 2014.41

2013/05/07
Committee: AGRI

Brian SIMPSON

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

Member States shall prohibit the placing on the market of tobacco products ~~with~~containing additives which improve the taste or flavour of, or give a characterising flavour to the tobacco product.

2013/05/07
Committee: AGRI

Brian SIMPSON

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 or improved flavour.

2013/05/07
Committee: AGRI

Brian SIMPSON

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.deleted

2013/05/07
Committee: AGRI

Brian SIMPSON

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

(c) cover 7580 % of the external area of both the front and back surface of the unit packet and any outside packaging;

2013/05/07
Committee: AGRI

Brian SIMPSON

Proposal for a directive
Article 10

Article deleted

2013/05/07
Committee: AGRI

Brian SIMPSON

Proposal for a directive
Article 13 – paragraph 2 a (new)

2 a. All outer surfaces of the unit packet and any outside packaging of tobacco for smoking shall be standardised in the following way: a) not contain any trade mark or any other mark, apart from the brand name and any variant name for the tobacco products; b) be of a dark, unattractive colour set by the Commission c) the brand name, and any variant name shall: i) not appear more than once on any one surface; ii) appear horizontally below, and in the same orientation as, the combined health warning, in the centre of the space remaining on the front and back surfaces of the unit packet and any outside packaging; iii) comply with any more detailed rules set out in paragraph 3;

2013/05/07
Committee: AGRI

Brian SIMPSON

Proposal for a directive
Article 16 – title

~~Cross-border distance~~Internet sales of tobacco products

2013/05/07
Committee: AGRI

Brian SIMPSON

Proposal for a directive
Article 16

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 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: a) name or corporate name and permanent address of the place of activity from where the tobacco products are supplied; 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; c) the address of the website/-s used for that purpose and all relevant information necessary to identify the website. 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. 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 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. 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 productsprohibit the sale of tobacco products over the internet in their territory.

2013/05/07
Committee: AGRI

Brian SIMPSON

Proposal for a directive
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.

2013/05/07
Committee: AGRI

14 Amendments of Brian SIMPSON related to 2012/0366(COD)

ParlTrack - 2011-2024