Activities of Hynek FAJMON related to 2012/0366(COD)
Plenary speeches (2)
Manufacture, presentation and sale of tobacco and related products (debate)
Manufacture, presentation and sale of tobacco and related products (debate)
Amendments (54)
Amendment 28 #
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 knowledge and internationally accepted standards for assessing their toxicity or addictiveness.
Amendment 32 #
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 avoided36reminiscent of fruit or candy, which may facilitate uptake of tobacco consumption among minors.
Amendment 38 #
Proposal for a directive
Recital 16
Recital 16
Amendment 47 #
Proposal for a directive
Recital 21
Recital 21
(21) Adaptation of the labelling provisions is also necessary to align the rules at Union level with international developments. For example the guidelines on Article 11 FCTC call for large picture warnings, which would cover no more than 50% and no less than 30% of the surface of the box, on both principal display areas, the main mandatory cessation information and strict rules on misleading information. The provisions on misleading information will complement the general ban on misleading business to consumer commercial practices laid down in Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business- to- consumer commercial practices in the internal market37.
Amendment 52 #
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 mislead 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 64 #
Proposal for a directive
Recital 37
Recital 37
(37) In order to ensure uniform conditions for the implementation of this Directive, in particular concerning the format of ingredients reporting, the determination of products with characterising flavours or with increased levels of toxicity and addictiveness and the methodology for determining whether a tobacco product has characterising flavour, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/20114343.
Amendment 68 #
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, 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 74 #
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. AIn order to improve the functioning of the internal market, a Member State should alsoall not 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 thenational 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 throughpplying to all products falling within the scope of this Directive.
Amendment 76 #
Proposal for a directive
Recital 41
Recital 41
(41) Member States should remain free to maintain or introduce national legislations applying to all products alike for aspects fallWith respect for current international market rules, and ing outsirder 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 of this Directive. A prior notification is required for technical regulations pursuant to Directive 98/34/ECo improve the functioning of the internal market, Member States, when they maintain or introduce more stringent national provisions in areas outside the scope of this Directive, shall not prohibit or place restrictions ofn 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 services44import, sale and consumption of tobacco and related products that comply with this Directive.
Amendment 86 #
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 99 #
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
Amendment 113 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 120 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 149 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 152 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 155 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 167 #
Proposal for a directive
Article 6 – paragraph 7 – subparagraph 1
Article 6 – paragraph 7 – subparagraph 1
Amendment 171 #
Proposal for a directive
Article 6 – paragraph 7 – subparagraph 2
Article 6 – paragraph 7 – subparagraph 2
Amendment 175 #
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
Amendment 180 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In order to ensure their graphic integrity and visibility, health warnings shall be irremovably prinsituated, indelible and in no way hidden or interrupted, including by tax stamps, price marks, tracking and tracing marks, security features or by any type of wrapper, pouch, jacket, box or other device or by the opening of the unit packet.
Amendment 189 #
Proposal for a directive
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
Amendment 194 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) be comprised of a text warning listed in Annex I and, optionally, a corresponding colour photograph specified in the picture library;
Amendment 202 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 75 30% of the external area of both the front andsurface and 40% of the external area of the back surface of the unit packet and any outside packaging;
Amendment 203 #
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) show the same text warning and, optionally, corresponding colour photograph on both sides of the unit packets and any outside packaging;
Amendment 207 #
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) be positioned aton the top edglower side of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;
Amendment 209 #
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 221 #
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
Amendment 227 #
Proposal for a directive
Article 9 – paragraph 3 – point d
Article 9 – paragraph 3 – point d
Amendment 237 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 243 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 254 #
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 266 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 274 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 280 #
Proposal for a directive
Article 14 – paragraph 2 – point g
Article 14 – paragraph 2 – point g
Amendment 281 #
Proposal for a directive
Article 14 – paragraph 2 – point h
Article 14 – paragraph 2 – point h
Amendment 282 #
Proposal for a directive
Article 14 – paragraph 2 – point i
Article 14 – paragraph 2 – point i
Amendment 283 #
Proposal for a directive
Article 14 – paragraph 2 – point j
Article 14 – paragraph 2 – point j
j) the identity of all purchasers from manufacturing to the first retail outletpurchaser;
Amendment 284 #
Proposal for a directive
Article 14 – paragraph 2 – point k
Article 14 – paragraph 2 – point k
k) the invoice, order number and payment records of all purchasers from manufacturing to the first retail outlet.
Amendment 285 #
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 into their possession, as well as all intermediate movements and the final exit from their possessionthe transfer of all unit packets between manufacturer and first purchaser is recorded. 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 286 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall ensure that manufacturers of tobacco products provide all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outlet, including importers, warehouses and transporting companiefirst purchasers with the necessary equipment allowing for the recording of the tobacco products purchased, sold, stored, transported or otherwise handled. The equipment shall be able to read and transmit the data electronically to a data storage facility pursuant to paragraph 6.
Amendment 287 #
Proposal for a directive
Article 14 – paragraph 8
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 vislegible, tamper proof security feature of at least 1 cm²2, 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.
Amendment 289 #
Proposal for a directive
Article 14 – paragraph 9
Article 14 – paragraph 9
Amendment 291 #
Proposal for a directive
Article 14 – paragraph 9 – point a
Article 14 – paragraph 9 – point a
Amendment 292 #
Proposal for a directive
Article 14 – paragraph 9 – point b
Article 14 – paragraph 9 – point b
Amendment 293 #
Proposal for a directive
Article 14 – paragraph 9 – point c
Article 14 – paragraph 9 – point c
Amendment 313 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Novel tobacco products placed on the market shall respect the requirements set out in this Directive. The provisions applicable depend on whether the products fall under the definition of smokeless tobacco product in point (29) of Article 2 or tobacco for smoking in point (33) of Article 2. The provisions of Article 12(1)(b) shall not apply to new tobacco products that have been scientifically proven to be less harmful than conventional tobacco products.
Amendment 314 #
Proposal for a directive
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. Member States may authorise the sale and define rules on the placing on the market of new categories of tobacco products that have been scientifically proven to be less harmful than conventional tobacco products, provided that it has been demonstrated, pursuant to paragraph 1, that the use of such products can reduce the risks and illnesses associated with smoking, as well as the harm to public health, when compared with conventional tobacco products.
Amendment 319 #
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 328 #
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 time from [Office of Publications: please insert the date of the entry into force of this Directive].
Amendment 334 #
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 339 #
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 344 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1 – point b
Article 23 – paragraph 2 – subparagraph 1 – point b
b) market developments in novel tobacco products considering, inter alia, notifications received under Article 17;, with particular consideration given to assessing the potential benefits of less-harmful new categories of tobacco products and lowering the risk of smoking-associated diseases;3
Amendment 348 #
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 byoutside the scope of 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 relating to the specific situation of this Member State and provided the provisions are justified by the need to protect public health, on condition that they do not impose any restrictions on the importation and sale of tobacco and related products that are fully compliant with this Directive. 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.
Amendment 349 #
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3