Activities of Henri WEBER related to 2012/0366(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products
Amendments (17)
Amendment 4 #
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 distanc, internet and point-of-sale sales of tobacco products.
Amendment 8 #
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, especially adolescents and women. Calls, in order to promote education and prevention schemes, for the establishment of a European Smoking Prevention Fund which would also finance schemes to help people give up smoking, would prevent them from taking up smoking and would provide information about the harmful effects of smoking on health.
Amendment 11 #
Proposal for a directive
Recital 13
Recital 13
(13) The current use of different reporting formats makes it difficult for manufacturers and importers to fulfil their reporting obligations and burdensome for the Member States and the Commission to compare, analyse and draw conclusions from the information received. In this light there should be a common mandatory format for the reporting of ingredients and emissions. The greatest possible transparency of product information should be ensured for the general public, while ensuring that appropriate account is taken of the commercial and intellectual property rights of the manufacturers of tobacco productsMaking it mandatory to list the dangerous or potentially dangerous ingredients would enable greater transparency for the general public in terms of the harmful effects and the composition of tobacco products to be guaranteed, while ensuring that appropriate account is taken of the commercial and intellectual property rights of the manufacturers of tobacco products and that the provisions of the directive are compatible with WTO obligations, the provisions on Technical Barriers to Trade (TBT) and agreements on Trade-Related Intellectual Property Rights (TRIPs).
Amendment 29 #
Proposal for a directive
Recital 26
Recital 26
(26) Considerable volumes of illicit products, which do not comply with the requirements laid down in Directive 2001/37/EC, are placed on the market and indications are that these volumes might increase. Such products undermine the free circulation of compliant products and the protection provided for by tobacco control legislations. In addition, the FCTC obliges the Union to fight against illicit products, as part of a comprehensive tobacco control policy. Provision should thus be made for unit packets and any outside packaging of tobacco products to be marked in a unique and secure way and their movements to be recorded so that these products can be tracked and traced in the Union and the illegal trafficking of tobacco and tobacco products can be combated, particularly along the external borders of the Union but also from non-EU countries; and so that their compliance with this Directive can be monitored and better enforced. In addition, provision should be made for the introduction of security features for individual authentication that will facilitate the verification of whether or not products are authentic. The EU and the Member States must take and must reinforce adequate steps to combat contraband and counterfeiting by improving checks of the product supply chain and imposing penalties on criminal networks.
Amendment 35 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) The Commission and the Member States must increase their efforts to improve, under their agreements with non-EU countries, the checking, prevention and suppression of illegal employment in the tobacco sector.
Amendment 36 #
Proposal for a directive
Recital 31
Recital 31
(31) All tobacco products have the potential to cause mortality, morbidity and disability and their sale and consumption should be contained, in particular by means of education and prevention from taking up the habit of smoking. It is therefore important to monitor developments as regards novelew tobacco products, how they are produced and their sales channels. A notification obligation for novel tobacco products should be put on manufacturers and importers, without prejudice to the power of the Member States to ban or to authorise them. The Commission should monitor the development and submit a report 5 years after the transposition deadline of this Directive, in order to assess whether amendments to this Directive are necessary.
Amendment 38 #
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 alldomestic and imported 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 alldomestic and imported 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 and comply with the exceptions which apply to public health such as those set out, for example, in Article XX of the GATT, the preamble to the TBT Agreement and in bilateral trade and investment agreements. 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.
Amendment 43 #
Proposal for a directive
Recital 41
Recital 41
(41) Member States should remain free to maintain or introduce national legislations applying to alldomestic and imported products alike, for aspects falling outside the scope of this Directive, provided they are compatible with the Treaty and do not jeopardise the full application of this Directive. Accordingly, Member States could, for instance, maintain or introduce provisions providing standardisation of packaging of tobacco products provided that those provisions are compatible with the Treaty, with WTO obligations and do not affect the full application ofother than cigarettes and roll your own, provided that those provisions do not affect the full application of this Directive and are compatible with the Treaty. They must also be compatible with WTO obligations, in particular those set out in the Agreement on Technical Barriers to Trade (TBT), agreements on Trade- Related Intellectual Property Rights (TRIPs), and commitments undertaken in compliance with bilateral trade and investment agreements, which usually contain exceptions applying to public health. These provisions must form an instrument which will complement the fight against the counterfeiting of products concerned by this Directive. A prior notification is required for technical regulations pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and on rules on Information Society services.
Amendment 46 #
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) Accordingly, Member States shall supplement the legal provisions of this Directive with any measures to protect the health of European citizens. Member States which benefit substantially from taxes and duties on the production and sale of tobacco might, for example, be urged to use this revenue to finance prevention and information campaigns in the media and targeting young people and schools.
Amendment 108 #
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 health warnings. The combined health ensuring the right of consumers to have access to sufficient and reliable information. The warnings shall:
Amendment 171 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. In order to enable effective monitoring and identification, Member States shall ensure that all unit packets of tobacco products, including all outside packaging, shall be marked with a unique identifiercation mark which is clear and permanent. In order to ensure their integrity, uniquthese unique and secure 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.
Amendment 176 #
Proposal for a directive
Article 14 – paragraph 2 – point g
Article 14 – paragraph 2 – point g
(g) the intended shipment route;, the shipment date, the destination of the shipment, the sender and the addressee.
Amendment 179 #
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Member States shall ensure, in accordance with the Seoul Protocol to Eliminate Illicit Trade in Tobacco Products, that the technology used for tracking and tracing should belong to economic entities without any legal or commercial link to the tobacco industry in the supply chain.
Amendment 199 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. Cross-border sales of cigarettes and roll-your-own tobacco, including via the Internet, shall be prohibited in the Union; Internet sales of other tobacco products and related nicotine-containing products shall be subject to more stringent monitoring by the Union and the Member States.
Amendment 200 #
Proposal for a directive
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
1b. It shall continue to be possible for Member States, on grounds of overriding needs relating to the protection of public health, to impose restrictions on imports of tobacco for personal use. Such restrictions shall be possible, in particular, where there is a significant difference of price between products of different geographic origins or if the health warnings are not in the official language(s) of the country where the product is purchased.
Amendment 201 #
Proposal for a directive
Article 16 – paragraph 1 c (new)
Article 16 – paragraph 1 c (new)
1c. Member States shall prohibit retail outlets established on their territory from distributing free or discounted tobacco products through cross-border distance channels or through any other channel.
Amendment 229 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. However, a Member State mayshall have the right to 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. A Member State may also introduce more stringent provisions, on grounds , provided that such provisions are compatible with the Trelating to the specific situation of this Member State and provided the provisions are justified by the need to protect public healthes and this Directive as well as WTO obligations, notably the rules on Technical Barriers to Trade (TBT) and the Agreement on Trade-Related Aspects of International Property Rights (TRIPs). 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.