42 Amendments of Thomas ULMER related to 2012/0366(COD)
Amendment 68 #
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. In accordance with the principle of producer responsibility, manufacturers of tobacco products should therefore be made responsible for all health costs arising as a consequence of tobacco consumption.
Amendment 94 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) In order to protect human health, the safety of additives for use in tobacco products should be assessed (risk assessment) and they should receive authorisation from the Commission prior to being marketed in the Community. Additives should only then be permitted for use in tobacco products if they are included in an EU list of authorised additives.
Amendment 151 #
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 153 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Tobacco products have been shown to contain and emit many noxious substances and known carcinogens hazardous to human health when burnt. Scientific studies have clearly proven that passive smoking is a cause of death, illness and disability and that passive smoking is dangerous in particular to unborn children and infants. It can cause or aggravate respiratory problems in persons inhaling smoke. The health warnings should therefore also draw attention to the dangers to health of passive smoking.
Amendment 260 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 263 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) '‘additive'’ means a substance contained in a tobacco product, its unitwhich is used in the manufacture of a tobacco product, including its components such as paper, filter, inks, capsules, adhesives, packet or anyd outside packaging, and is still present, including in modified form, in the finished product with the exception of tobacco leaves and other natural or unprocessed parts of tobacco plants;
Amendment 276 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 301 #
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) '‘ingredient'’ means an additive, tobacco (leaves and other natural, processed or unprocessed parts of tobacco plants including expanded and reconstituted tobacco), as well as any substance present in a finished tobacco product including paper, filter, inks, capsules and adhesives and tobacco;
Amendment 309 #
Proposal for a directive
Article 2 – paragraph 1 – point 18 b (new)
Article 2 – paragraph 1 – point 18 b (new)
(18b) 'tobacco' means leaves and other processed or unprocessed parts of tobacco plants, including expanded and reconstituted tobacco;
Amendment 422 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. First and foremost, Member States shall examine tobacco product ingredients so as to assess the need to take measures under Regulations (EC) No 1907/2006 (REACH) and (EC) No 1272/2008 (CLP). On the basis of those examinations, and taking account of the precautionary principle, Member States shall submit scientific dossiers to the European Chemicals Agency, in particular pursuant to Articles 59(3) and 69(4) of Regulation (EC) No 1907/2006 and Article 37(1) of Regulation (EC) No 1272/2008. Member States shall report regularly to the Commission on the measures under examination in connection with tobacco product ingredients and on the steps which they have taken, where appropriate, on that basis. Every three years, the Commission shall publish a report on the progress made by Member States in this connection.
Amendment 425 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
The list shall be accompanied by a statement setting out the reasons for the inclusion of such ingredients in those tobacco products. The list shall indicate their status, including whether the ingredients have been registered under Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as well as their classification under 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 mixtures. The list shall also be accompanied by the toxicological data available to the manufacturer or importer regarding these ingredients in burnt or unburnt form as appropriate, referring in particular to their effects on health of consumers and taking into account, inter alia, any addictive effects. The list shall be established in descending order of the weight of each ingredient included in the product. Within one year following the entry into force of this Directive, manufacturers and importers of tobacco products shall submit the list of ingredients and all the accompanying information referred to above. Member States shall penalise manufacturers and importers of tobacco products who fail to submit that list and the accompanying information by the time limit. Other than for tar, nicotine and carbon monoxide and for emissions referred to in Article 4 paragraph 4, the manufacturers and importers shall indicate the measurement methods used. Member States may also require manufacturers or importers to carry out other tests as may be laid down by the competent national authorities in order to assess the effects of substances on health, taking into account, inter alia, their addictiveness and toxicity.
Amendment 445 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 462 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 482 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
Amendment 492 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 500 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 508 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 514 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 517 #
Proposal for a directive
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
Amendment 521 #
Proposal for a directive
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
Amendment 524 #
Proposal for a directive
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
Amendment 530 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 539 #
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 540 #
Proposal for a directive
Article 6 – paragraph 7 – subparagraph 1
Article 6 – paragraph 7 – subparagraph 1
Amendment 547 #
Proposal for a directive
Article 6 – paragraph 7 – subparagraph 2
Article 6 – paragraph 7 – subparagraph 2
Amendment 551 #
Proposal for a directive
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 556 #
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 567 #
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
Amendment 595 #
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 printed, 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. In the case of tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products health warnings may be affixed by means of stickers, provided that these cannot be removed.
Amendment 675 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 765 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 718 #
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 6455 mm;
Amendment 775 #
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. In the case of packets whose most visible side has an area exceeding 75 cm², the warnings referred to in paragraphs 2 and 3 must, however, cover an area of at least 22.5 cm² on each side. That area shall be increased to 24 cm² for Member States with two official languages and 26.25 cm² for Member States with three official languages.
Amendment 801 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
This tobacco product canis damageing to your health and is addictive
Amendment 817 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. The labelling of a unit packet and any outside packaging and the tobacco product itself shall not include any information about nicotine, tar or carbon monoxide content or any element or feature that:
Amendment 877 #
Proposal for a directive
Article 13 – paragraph 1
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 20 cigarettes. A unit packet of roll- your-own tobacco shall contain tobacco weighing at least 40 g.
Amendment 890 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 925 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 1257 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
This product can damages your health.
Amendment 1271 #
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(104), 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 1283 #
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(104), 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 1293 #
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(104), 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 1323 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [Publications Office, please insert the exact date: entry into force + 18 months] and in the case of Article 6 by [Publications Office, please insert the exact date: entry into force + 36 months] at the latest. They shall forthwith communicate to the Commission the text of those provisions.