BETA

45 Amendments of Sergio BERLATO related to 2012/0366(COD)

Amendment 146 #
Proposal for a directive
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.
2013/05/29
Committee: ENVI
Amendment 262 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
(2) ‘additive’ means substance contained in a tobacco product, its unit packet or any outside packaging with the exception of tobacco leaves and other natural or unprocessed parts of tobacco plants;deleted
2013/05/14
Committee: ENVI
Amendment 266 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
(3) ‘age verification system’ means a computing system that unambiguously confirms the consumer's age in electronic form according to national requirements;deleted
2013/05/14
Committee: ENVI
Amendment 303 #
Proposal for a directive
Article 2 – paragraph 1 – point 18
(18) ‘ingredient’ means an additive, tobacco (leaves and other natural, processed or unprocessed partsy substance used in the manufacture or preparation of a tobacco plants including expanded and reconstituted tobacco), as well as any substance present in a finished tobacco product roduct or of any constituent thereof (including paper, filter, inks, capsules and adhesives) and still present in the finished tobacco product;
2013/05/14
Committee: ENVI
Amendment 316 #
Proposal for a directive
Article 2 – paragraph 1 – point 19
(19) ‘maximum level’ or ‘maximum yield’ means the maximum content or emission, including 0, of a substance in a tobacco product measured in grams;
2013/05/14
Committee: ENVI
Amendment 325 #
Proposal for a directive
Article 2 – paragraph 1 – point 25
(25) ‘place on the market’ means to make products available to consumers located in the Union, with or without payment, including by means of distance sale; in case of cross-border distance sales the product is deemed to be placed on the market in the Member State where the consumer is located;
2013/05/14
Committee: ENVI
Amendment 366 #
Proposal for a directive
Article 3 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the maximum yields laid down in paragraph 1, taking into account scientific development and internationally agreed standards.
2013/05/14
Committee: ENVI
Amendment 386 #
Proposal for a directive
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.
2013/05/14
Committee: ENVI
Amendment 468 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Member States shall not restrict or prohibit the use of additiveingredients which are essential for the manufacture of tobacco products, as long as the additiveuse of those ingredients does not result in a product with a characterising flavour.
2013/05/14
Committee: ENVI
Amendment 575 #
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.
2013/05/14
Committee: ENVI
Amendment 617 #
Proposal for a directive
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 surface that becomes visible when opening the unit packet. Both the general warning and the information message shall cover 50% of the surface on which they are printed.
2013/05/14
Committee: ENVI
Amendment 633 #
Proposal for a directive
Article 8 – paragraph 4 – point b
(b) to define the position, format, layout and design of the health warnings laid down in this Article, including their font type and background colour.deleted
2013/05/14
Committee: ENVI
Amendment 672 #
Proposal for a directive
Article 9 – paragraph 1 – point c
(c) cover 750 % of the external area of both the front and back surface of the unit packet and any outside packaging;
2013/05/14
Committee: ENVI
Amendment 688 #
Proposal for a directive
Article 9 – paragraph 1 – point e
(e) be positioned at the bottopm edge of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;
2013/05/14
Committee: ENVI
Amendment 711 #
Proposal for a directive
Article 9 – paragraph 1 – point g
(g) for unit packets of cigarettes, respect the following dimensions: (i) height: not less than 64 mm; (ii) width: not less than 55 mm.deleted
2013/05/14
Committee: ENVI
Amendment 745 #
Proposal for a directive
Article 9 – paragraph 3 – point c
(c) define the position, format, layout, design, rotation and proportions of the health warnings;deleted
2013/05/21
Committee: ENVI
Amendment 788 #
Proposal for a directive
Article 10 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22, to withdraw the exemption laid down in paragraph 1 if there is a substantial change of circumstances as established in a Commission report.
2013/05/21
Committee: ENVI
Amendment 822 #
Proposal for a directive
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;
2013/05/21
Committee: ENVI
Amendment 829 #
Proposal for a directive
Article 12 – paragraph 1 – point c
(c) refers to flavour, taste, any flavourings or other additives or the absence thereof;deleted
2013/05/21
Committee: ENVI
Amendment 833 #
Proposal for a directive
Article 12 – paragraph 1 – point d
(d) in the case of tobacco for oral use, resembles a food product.
2013/05/21
Committee: ENVI
Amendment 837 #
Proposal for a directive
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 diame. The provision to consumers of factual information on the product may not be prohibited. Trade marks registered prior to the dater of less than 7.5 mm shall be deemed to be misleadingn which this Directive enters into force may not be prohibited.
2013/05/21
Committee: ENVI
Amendment 863 #
Proposal for a directive
Article 13
Article 13 Appearance and content of unit packets 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. 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. 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 before the first opening, during the opening and after reclosing of the unit packet. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to make either cuboid or cylindric shape mandatory for unit packets of tobacco products other than cigarettes and roll-your-own tobacco if there is a substantial change of circumstances as established in a Commission report.deleted
2013/05/21
Committee: ENVI
Amendment 947 #
Proposal for a directive
Article 14 – paragraph 2 – point g
(g) the intended shipment roudelete;d
2013/05/14
Committee: ENVI
Amendment 953 #
Proposal for a directive
Article 14 – paragraph 2 – point h
(h) where applicable, the importer into the Union;deleted
2013/05/14
Committee: ENVI
Amendment 955 #
Proposal for a directive
Article 14 – paragraph 2 – point i
(i) the actual shipment route from manufacturing to the first retail outletpurchaser, including all warehouses used;
2013/05/14
Committee: ENVI
Amendment 963 #
Proposal for a directive
Article 14 – paragraph 2 – point j
(j) the identity of all purchasers from manufacturing to the first retail outletpurchaser;
2013/05/14
Committee: ENVI
Amendment 969 #
Proposal for a directive
Article 14 – paragraph 2 – point k
(k) the invoice, order number and payment records of all purchasers from manufacturing to the first retail outletpurchaser.
2013/05/14
Committee: ENVI
Amendment 976 #
Proposal for a directive
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 outletfirst purchaser, record the entry of all unit packets into their possession, as well as all intermediate movements and the final exit from their possession. 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.
2013/05/14
Committee: ENVI
Amendment 983 #
Proposal for a directive
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 outletpurchaser, including importers, warehouses and transporting companies 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, in accordance with international standards, to a data storage facility pursuant to paragraph 6.
2013/05/14
Committee: ENVI
Amendment 1002 #
Proposal for a directive
Article 14 – paragraph 9 – introductory part
9. TWith due regard for current practices, technologies and commercial arrangements, as well as for international standards governing the tracking, tracing and authentication of consumer products and the requirements relating thereto that are set out in the WTO Protocol to Eliminate Elicit Trade in Tobacco Products, the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to:
2013/05/14
Committee: ENVI
Amendment 1006 #
Proposal for a directive
Article 14 – paragraph 9 – point b
(b) to define the technical standards to ensure that the systems used for the unique identifiers and the related functions are fully compatible with each other across the Union and in line with international standards.
2013/05/14
Committee: ENVI
Amendment 1008 #
Proposal for a directive
Article 14 – paragraph 9 – point c
(c) to define the technical standards for the security feature and their possible rotation and to adapt them to scientific, market and technical development.deleted
2013/05/14
Committee: ENVI
Amendment 1037 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
1. Member States shall oblige retail outlets intending to engage inprohibit 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:.
2013/05/14
Committee: ENVI
Amendment 1053 #
Proposal for a directive
Article 16 – paragraph 1 – point a
a) name or corporate name and permanent address of the place of activity from where the tobacco products are supplied;deleted
2013/05/14
Committee: ENVI
Amendment 1061 #
Proposal for a directive
Article 16 – paragraph 1 – point b
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;deleted
2013/05/14
Committee: ENVI
Amendment 1069 #
Proposal for a directive
Article 16 – paragraph 1 – point c
c) the address of the website/-s used for that purpose and all relevant information necessary to identify the website.deleted
2013/05/14
Committee: ENVI
Amendment 1076 #
Proposal for a directive
Article 16 – paragraph 2
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.deleted
2013/05/14
Committee: ENVI
Amendment 1086 #
Proposal for a directive
Article 16 – paragraph 3
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.deleted
2013/05/14
Committee: ENVI
Amendment 1095 #
Proposal for a directive
Article 16 – paragraph 4
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.deleted
2013/05/14
Committee: ENVI
Amendment 1103 #
Proposal for a directive
Article 16 – paragraph 5
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 products.deleted
2013/05/14
Committee: ENVI
Amendment 1117 #
Proposal for a directive
Article 17 – title
Notification of novel tobacco products and granting of pre-marketing authorisation for reduced-risk tobacco products
2013/05/14
Committee: ENVI
Amendment 1136 #
Proposal for a directive
Article 17 – paragraph 2
2. Member States shall require that manufacturers and importers of tobacco products inform their competent authorities of any new or updated information referred to in point (a) to (c) of paragraph 1. Member States shall be entitled to require tobacco manufacturers or importers to carry out additional tests or submit additional information. Member States shall make available to the Commission all information received pursuant to this Article. In connection with the placing on the market of reduced-risk tobacco products, Member States shall be entitled to introduce an authorisation system and charge a proportionate fee. Member States shall be entitled to lay down specific rules for reduced-risk products governing consumer information, packaging and labelling, ingredients and emissions, as well as the methods used to measure tar, nicotine and carbon monoxide, which may differ from the requirements of this Directive. Member States shall notify those rules to the Commission.
2013/05/14
Committee: ENVI
Amendment 1141 #
Proposal for a directive
Article 17 – paragraph 3
3. Novel and reduced-risk tobacco products placed on the market shall respect the requirements set out in this Directive. Reduced-risk tobacco products shall be covered by special provisions laid down by Member States under paragraph 2. 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.
2013/05/14
Committee: ENVI
Amendment 1146 #
Proposal for a directive
Article 18
Article 18 Nicotine-containing products 1. The following nicotine-containing products may only be placed on the market if they were authorised pursuant to Directive 2001/83/EC: (a) products with a nicotine level exceeding 2 mg per unit, or (b) products with a nicotine concentration exceeding 4 mg per ml or (c) products whose intended use results in a mean maximum peak plasma concentration exceeding 4 ng of nicotine per ml. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to update the nicotine quantities set out in paragraph 1 taking into account scientific developments and marketing authorisations granted to nicotine- containing products pursuant to Directive 2001/83/EC. 3. Each unit packet and any outside packaging of nicotine-containing products below the thresholds set out in paragraph 1 shall carry the following health warning: This product contains nicotine and can damage your health. 4. The health warning referred to in paragraph 3 shall comply with the requirements specified in Article 10(4). In addition, it shall: (a) be printed on the two largest surfaces of the unit packet and any outside packaging; (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. 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 the position, format, layout, design and rotation of the health warnings.deleted
2013/05/14
Committee: ENVI
Amendment 1273 #
Proposal for a directive
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 timehree years from [Office of Publications: please insert the date of the entry into force of this Directive]. the date of the entry into force of this Directive]..
2013/05/14
Committee: ENVI