Activities of Renate SOMMER related to 2012/0366(COD)
Plenary speeches (2)
Manufacture, presentation and sale of tobacco and related products (A7-0276/2013 - Linda McAvan) (vote)
Manufacture, presentation and sale of tobacco and related products (debate)
Amendments (92)
Amendment 66 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) At the same time, it is essential that the principles or guidelines of the ‘Small Business Act’ are also taken into account in this Directive;
Amendment 79 #
Proposal for a directive
Recital 10
Recital 10
(10) For measuring the tar, nicotine and carbon monoxide yields of cigarettes, reference should be made to ISO standards 4387, 10315 and 8454, which are internationally recognised standards. For other emissions there are no internationally agreed standards or tests for quantifying the yields, but efforts are ongoing to develop themwhich is why no provisions on measuring can currently be adopted for other emissions of cigarettes and for tobacco products other than cigarettes.
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 122 #
Proposal for a directive
Recital 18
Recital 18
(18) Considering the Directive's focus on young people, tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobaccotobacco for oral use 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.
Amendment 128 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Member States should be encouraged, if they have not already done so, to formulate their national laws on the protection of young people in such a way that tobacco products may not be sold to, and consumed by, young people under the age of 18; Member States should also ensure that these prohibitions are respected;
Amendment 132 #
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 on both principal display areas, mandatory cessation information and strict rules on misleading information. The provisions on misleading information will complement the general ban onThe provisions on misleading information will complement the existing appropriate and comprehensive guidelines on preventing 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 market.
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 160 #
Proposal for a directive
Recital 25
Recital 25
(25) Member States apply different rules on minimum number of cigarettes per packet. Those rules should be aligned in order to ensure free circulation of the concerned products. It is absolutely essential that the common internal market should not be impeded by a multitude of specific national rules;
Amendment 161 #
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 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 their compliance with this Directive can be monitored and better enforced. In addition, provision should be made for the introduction of security features that will facilitate the verification of whether or not products are authentic.both cigarette packaging and the cigarettes themselves should carry tamper proof features to prevent piracy and the increased health risk to consumers posed by counterfeit cigarettes;
Amendment 164 #
Proposal for a directive
Recital 27
Recital 27
Amendment 166 #
Proposal for a directive
Recital 28
Recital 28
Amendment 172 #
Proposal for a directive
Recital 29
Recital 29
(29) Council Directive 89/622/EEC of 13 November 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products and the prohibition of the marketing of certain types of tobacco for oral use prohibited the sale in the Member States of certain types of tobacco for oral use. Directive 2001/37/EC confirmed this prohibition. Article 151 of the Act of Accession of Austria, Finland and Sweden grants the Kingdom of Sweden derogation from this prohibition . The prohibition of the sale of oral tobacco should be maintained in order to prevent the introduction to the internal market of a product that is addictive, has adverse health effects and is attractive to young people. As tobacco for oral use is prohibited to be placed on the internal market, oral tobacco products shall be exempted from the application of this Directive, except for Article 15. For other smokeless tobacco products that are not produced for the mass market, a strict labelling and ingredients regulation is considered sufficient to contain market expansion beyond their traditional use.
Amendment 198 #
Proposal for a directive
Recital 34
Recital 34
Amendment 210 #
Proposal for a directive
Recital 37
Recital 37
Amendment 217 #
Proposal for a directive
Recital 38
Recital 38
Amendment 232 #
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. A Member State should also 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 the 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 the Commission and may be approved, taking into account the high level of health protection achieved through this Directive and the principles and requirements of the common internal market.
Amendment 234 #
Proposal for a directive
Recital 41
Recital 41
Amendment 243 #
Proposal for a directive
Recital 45
Recital 45
(45) The proposal affects several fundamental rights as laid down in the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom of expression and information (Article 11), freedom of economic operators to conduct business (Article 16), and the right to property (Article 17). Tfor trademark holders (Article 17). It is therefore necessary to ensure that the obligations imposed on manufacturers, importers and distributors of tobacco products are necessary to improve the functioning of the internal market while ensuring a high level of health and consumer protection as set out in Articles 35 and 38 of the Charter of Fnot only guarantee a high level of health and consumer protection, but also protect all other fundamental Rrights of the European Unionand are proportionate with respect to the functioning of the internal market. The application of this Directive should respect the EU law and relevant international obligations.
Amendment 248 #
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) the labelling and packaging of tobacco products including the health warnings to appear on unit packets of tobacco products and any outside packaging as well as traceability and security features to ensure compliance with this Directive;
Amendment 260 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 272 #
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 vanillawhich is observable before or upon intended use of the tobacco product;
Amendment 289 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) '‘cigarillo' means a small, slim type of cigar with a diameter of up to 8 mm;
Amendment 300 #
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
Amendment 338 #
Proposal for a directive
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
(30) 'substantial change of circumstances' means an increase of the sales volumes by product category, such as pipe tobacco, cigar, cigarillo, by at least 120% in at least 10 Member States based on sales data transmitted in accordance with Article 5(4); or an increase of the prevalence level in the consumer group under 25 years of age by at least 5 percentage points in at least 10 Member States for the respective product category based on ____ [this date will be set at the moment of adoption of the Directive] Eurobarometer report or equivalent prevalence studies;
Amendment 365 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 385 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall notify the Commission of the maximum yields that they set for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Taking into account internationally agreed standards, where available, and based on scientific evidence and on the yields notified by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt maximum yields for other emissions of cigarettes and for emissions of tobacco products other than cigarettes that increase in an appreciable manner the toxic or addictive effect of tobacco products beyond the threshold of toxicity and addictiveness stemming from the yields of tar, nicotine and carbon monoxide fixed in paragraph 1.
Amendment 429 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 431 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 436 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 438 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 1 (new)
Article 5 – paragraph 6 – subparagraph 1 (new)
In respect of other tobacco products, it shall not be mandatory to establish emission data, since there are currently no appropriate measuring procedures.
Amendment 449 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 470 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
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 flavour.
Amendment 481 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
Amendment 490 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 499 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 505 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 515 #
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. Member States shall prohibit tThe use of the following additives and flavourings in tobacco products and their components shall be prohibited:
Amendment 525 #
Proposal for a directive
Article 6 – paragraph 4 – point c a (new)
Article 6 – paragraph 4 – point c a (new)
ca) Member States shall prohibit the use of flavourings in the components of tobacco products such as filters, papers, packages, capsules or any technical features allowing modification of flavour or smoke intensity. Filters and capsules shall not contain tobacco.
Amendment 529 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 550 #
Proposal for a directive
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 555 #
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 571 #
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, and 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.
Amendment 572 #
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco productstobacco for oral use 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.
Amendment 591 #
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.
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 598 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall ensure that the health warnings ofn the main surfaceprincipal field of vision of the unit packet and any outside packaging are fully visible, including not being partially or totally hidden or interrupted by wrappers, pouches, jacket, boxes or other devices when tobacco products are placed on the market.
Amendment 610 #
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 outer surface that becomesappears in the principal field of visibleon when opening the unit packet. Both the general warning and the information message shall together cover 50% of the surface on which they are printed.
Amendment 626 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 640 #
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 warnings shall:
Amendment 646 #
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 a corresponding colour photograph specified in the picture library;
Amendment 656 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 7540 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 681 #
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) show the same text warning and corresponding colour photograph on both sides of the unit packets and any outside packaging;
Amendment 697 #
Proposal for a directive
Article 9 – paragraph 1 – point f
Article 9 – paragraph 1 – point f
Amendment 699 #
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 728 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The combined health warnings shall be divided into three sets rotating on an annual basis. Member States shall ensure that each combined health warning is displayed as nearly as possible on equal numbers of each brand.
Amendment 736 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 760 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Tobacco 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 763 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
The general warning shall be printed on the most visible surface of the unit packet and any outside packagingone of the principal fields of vision on the outside packaging. Alternatively, the warning may be affixed in the form of a label, provided that the label cannot be removed. The text warnings listed in Annex I shall be rotated in such a way as to guarantee their regular appearance. These warnings shall be printed on the other most visible surface of the unit packet and anyprincipal field of vision on the outside packaging.
Amendment 770 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The text warning referred to in paragraph 1 shall cover 40 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 45% for Member States with two official languages and 50% for Member States with three official languages.
Amendment 787 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 797 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Except in the case of snuff, each unit packet and any outside packaging of smokeless tobacco products shall carry the following health warning:
Amendment 803 #
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with three official languages.
Amendment 807 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 (new)
Article 11 – paragraph 2 – subparagraph 1 (new)
In the case of micro-packagings, whose largest surface has an area of less than 25 cm2, the general warning must occupy at least 20% of this area.
Amendment 811 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 823 #
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) suggests that a particular tobacco product is less harmful than others or has vitalising, energetic, healing, rejuvenating, natural, organic or otherwise positive health or social effects;
Amendment 828 #
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
Amendment 831 #
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
Amendment 836 #
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, onsertsof the unit packet and any outside packaging are stickers which can be removed (not tax stamps), inserts or other additional material, 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 858 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1 (new)
Article 12 – paragraph 2 – subparagraph 1 (new)
In the case of filter cigarettes, the tipping paper must afford sufficient protection against product counterfeiting by means of its complexity. To this end it must, at the minimum, possess the following characteristics: (a) several visible print colours and production using gravure printing; (b) all white areas must be coated; (c) complex printing with partially thin structures; (d) printing on white base paper; (e) pre-perforation situated sufficiently far from the end of the cigarette.
Amendment 859 #
Proposal for a directive
Article 12 – paragraph 2 – point 1 (new)
Article 12 – paragraph 2 – point 1 (new)
(1) The cigarette paper must include watermarks.
Amendment 872 #
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- cigarettes shall include at least 20 cigarettes. A unit of 'roll-your-own' or 'make-your-own' tobacco shall be packaged in a cuboid or cylindrical composite can or have the form of a pouch, i.e. a rectangular poacket with a flapt 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 rollA unit packet of 'roll-your-own' or 'make-your- own tobacco' shall contain tobacco weighing at least 40 g.
Amendment 876 #
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 895 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. A cigarette packet can be of carton or soft material and shall not contain an opening that can be re-closed or re-sealed after the opening is first opened, other than the flip-top lid. The flip-top lid of a cigarette packet shall be hinged only at the back of the packet. The areas of the packet which are not covered with health warnings shall be designed in a sufficiently complicated and multicoloured style. At least one of the printed colours must create structures perceptible to the sense of touch.
Amendment 911 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to define more detailed rules for the shape and size of unit packets in so far as these rules are necessary to ensure the full visibility and integrity of the health warnings shall be ensured before the first opening, during the opening and after reclosing of the unit packet.
Amendment 924 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 932 #
Proposal for a directive
Article 14
Article 14
Amendment 1015 #
Proposal for a directive
Article 15
Article 15
Amendment 1023 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Where necessary to achieve a high level of health protection, Member States shallmay prohibit the placing on the market of tobacco for oral use, without prejudice to Article 151 of the Act of Accession of Austria, Finland and Sweden.
Amendment 1026 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Tobacco for oral use shall be exempted from the application of this Directive, except for Article 15.
Amendment 1148 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 1175 #
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 1187 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 1201 #
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
Amendment 1209 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 1225 #
Proposal for a directive
Article 18 – paragraph 3 – introductory part
Article 18 – paragraph 3 – introductory part
: Each unit packet and any outside packaging of nicotine-containing products below the thresholds set out in paragraph 1not authorised in accordance with Directive 2001/83/EC shall carry the following health warning:
Amendment 1247 #
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the requirements in paragraphs 3 and 4 taking into account scientific and market developments and to adopt and adapt, within 5 years of the transposition of the Directive into the national law of all EU Member States, submit a report on the application of further provisions of the Directive on nicotine-containing products. In it the Commission shall examine scientific and technical developments in the field of nicotine-containing products with regard to consumer behaviour and product categories. The Commission shall, where appropriate, add a legislative proposal to the report setting out rules on product safety, advertising for nicotine-containing products and provisions on the position, format, layout, design and rotation of the health warnings.
Amendment 1317 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. In the absence of a decision by the Commission within this period the national provisions shall be deemed to be approved. 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. 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 to the requirements and principles of the single market 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 1327 #
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
Member States may allow the following products, which are not in compliance with this Directive, to be placed on the market until [Publications Office, please ins24 months aftert the exact date: entry into force + 24 monthsransposition into national law]:
Amendment 1352 #
Proposal for a directive
Annex 1 – point 14 a (new)
Annex 1 – point 14 a (new)
(14 a) Smoking in presence of children can cause sudden infant death
Amendment 1354 #
Proposal for a directive
Annex 1 – point 14 b (new)
Annex 1 – point 14 b (new)
(14 b) Smoking during pregnancy causes premature birth
Amendment 1355 #
Proposal for a directive
Annex 1 – point 14 c (new)
Annex 1 – point 14 c (new)
(14 c) Children that are forced to smoke passive are more vulnerable to asthma and meningitis