47 Amendments of Wim van de CAMP related to 2012/0366(COD)
Amendment 59 #
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 development and internationally agreed standards to assess their toxicity or addictiveness.
Amendment 62 #
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 and menthol, 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 avoided.
Amendment 102 #
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 yielthe measurement methods 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 107 #
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. AThis Directive fully harmonises certain aspects on the manufacture, presentation and sale of tobacco and related products. Member States should alsonot be allowed to maintroduce 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 nain or introduce in their national legislational 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 throughdiverging from the labelling and packaging requirements laid down in this Directive.
Amendment 110 #
Proposal for a directive
Recital 41
Recital 41
(41) Member States should remain free to maintain or introduce national legislations applybe able to adopt more stringent rules concerning to allbacco 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 compatiblewhich they deem necessary to protect public health, in-so- far as such rules fall outside the scope of the provisions of this directive. In-so-far as tobacco or related products comply 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/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 servicequirements of this Directive, Member States shall not prohibit or restrict the import, sale or consumption of such products.
Amendment 120 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘additive’ means any substance contained in a tobacco product, its unit packet or any outside packagingused in the manufacture of a tobacco product with the exception of tobacco leaves and other natural or unprocessed parts of tobacco plants and intended to be present in the finished product;
Amendment 122 #
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 vanilla observable before or upon intended use of the tobacco product;. Traditional tobacco product flavours such as menthol are not considered to be characterising flavours.
Amendment 125 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 129 #
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘ingredient’ means an additive,y substance or any constituent except for tobacco (leavesf and other natural, processed or unprocessed parts of tobacco plants including expanded and reconstituted tobacco), as well as any substance parts used in the manufacture or preparation of a tobacco product and still present in athe finished tobacco productproduct, even if in altered form, including paper, filter, inks, capsules and adhesives;
Amendment 140 #
Proposal for a directive
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
(26) ‘pipe tobacco’ means tobacco consumed via a combustion process and exclusively designed for the purpose of being used in a pipea cut or otherwise split loose or pressed tobacco which can be used without further industrial process and which is further defined in Council Directive 2011/64/EU of 21 June 2011;
Amendment 141 #
Proposal for a directive
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘roll-your-own tobacco’ means tobacco which can be used for making cigarettes by consumers or retail outletsa cut or otherwise split loose or pressed tobacco which can be used without further industrial process and which is further defined in Council Directive 2011/64/EU of 21 June 2011;
Amendment 142 #
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 144 #
Proposal for a directive
Article 2 – paragraph 1 – point 33
Article 2 – paragraph 1 – point 33
(33) ‘tobacco for smoking’ means a tobacco product other than a smokeless tobacco productwhich is intended to be combusted;
Amendment 158 #
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 166 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the methods of measurement of the tar, nicotine and carbon monoxide yields, taking into account scientific and technical developments and using internationally agreed standards designed for a specific purpose and validated by the International Organisation for Standardisation.
Amendment 168 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall notify the Commission of the methods of measurement that they use for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Such measurement shall be based on scientific evidence. Based on these methodasurements, and taking into account scientific and technical developments as well as using internationally agreed standards designed for a specific purpose and validated by the International Organisation for Standardisation the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt methods of measurement.
Amendment 171 #
Proposal for a directive
Article 4 – paragraph 4 – b (new)
Article 4 – paragraph 4 – b (new)
4b. The accuracy of the indications for the other emissions of other combustible tobacco products shall be verified in accordance with ISO standard 8243.
Amendment 172 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall require manufacturers and importers of tobacco products to submit to their competent authorities a list of all ingredients, and quantities thereof, used in the manufacture of the tobacco products by brand name and type, as well as their emissions and yields, if available. Manufacturers or importers shall also inform the competent authorities of the concerned Member States if the composition of a product is modified affecting the information provided under this Article. Information required under this Article shall be submitted prior to the placing of the market of a new or modified tobacco product.
Amendment 174 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Amendment 176 #
Proposal for a directive
Article 5 – paragraph 6 b (new)
Article 5 – paragraph 6 b (new)
6b. Tobacco products other than cigarettes and roll-your-own cigarettes shall be exempted from the requirement to submit data on emissions and yields until measurement methodologies have been developed at Community level.
Amendment 200 #
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 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 223 #
Proposal for a directive
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
Amendment 234 #
Proposal for a directive
Article 9 – paragraph 1 – point c
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;
Amendment 247 #
Proposal for a directive
Article 9 – paragraph 1 – point e
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;
Amendment 250 #
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 263 #
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
Amendment 282 #
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. In the case of unit packets the most visible surface of which exceeds 75 cm2, the warnings referred to in paragraphs 2 and 3 shall cover an area of at least 22.5 cm2 on each surface. 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 283 #
Proposal for a directive
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) printed in black Helvetica bold type on a white background. The warnings may be affixed by means of stickers, provided that such stickers are irremovable. In order to accommodate language requirements, Member States may determine the point size of the font, provided that the font size specified in their legislation is such as to occupy the greatest possible proportion of the area set aside for the text required;
Amendment 299 #
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, symbolTexts, names, trade marks, and 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 suggesting that a particular tobacco product is less harmful than others shall not be used on the packaging of tobacco products.
Amendment 313 #
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 420 g.
Amendment 326 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 332 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 344 #
Proposal for a directive
Article 14 – paragraph 2 – point e
Article 14 – paragraph 2 – point e
(e) the product namedescription;
Amendment 346 #
Proposal for a directive
Article 14 – paragraph 2 – point g
Article 14 – paragraph 2 – point g
Amendment 349 #
Proposal for a directive
Article 14 – paragraph 2 – point h
Article 14 – paragraph 2 – point h
Amendment 350 #
Proposal for a directive
Article 14 – paragraph 2 – point i
Article 14 – paragraph 2 – point i
(i) the actual shipment route from manufacturing to the first retail outlet, including alldate, consignee, departure and destination from manufacturing to the first customer who is not affiliated with the manufacturer or importer, including his warehouses and all tax warehouses used;
Amendment 351 #
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 outletthe first customer who is not affiliated with the manufacturer or importer and the identity of any known subsequent purchaser;
Amendment 352 #
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 outletthe first customer who is not affiliated with the manufacturer or importer.
Amendment 354 #
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 befmanufacturers within and importers into the Union recored 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 possessiondata including all movements and the sale to the first customer not affiliated to the manufacturer or importer. 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 357 #
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Recorded data has to be transmitted to a database in a timely manner. The data cannot be modified or deleted by any economic operator involved in the trade of tobacco products, but the economic operator that introduced the data and other economic operators directly concerned by the transaction such as the supplier or the recipient can comment on previously introduced data. The economic operator concerned shall add the correct data and a reference to the previous entry which requires rectification in their view. In exceptional circumstances and upon submission of adequate evidence, the competent authority in the Member State in which the recording took place or if the recording took place outside the Union the competent authority in the Member State of importation, can authorise the modification or deletion of data previously registered. The recorded data has to be kept for the period of four years from manufacturing unless any Member State or the Commission request a longer period due to an on-going investigation.
Amendment 358 #
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Member States shall ensure that manufacturers and importers of tobacco products conclude data storage contracts with an independent third party, which shall host the data storage facility for data relating to the manufacturer and importer concerned. The data storage facility shall be physically located on the territory of the Union. The suitability of the third party, in particular its independence and technical capacities, as well as the contract, shall be approved and monitored by an external auditor, who is proposed and paid by the tobacco manufacturer and approved by the Commission. Member States shall ensure full transparency andonline accessibility of the data storage facilitiesrequired data for the competent authorities of the Member States, the Commission and the independent third party on a permanent basis. In duly justified cases Member States or the Commission can provideshall allow manufacturers or importers access to thise information, provided with the condition that commercially sensitive information remains adequately protected in conformity with the relevant national and Union legislations. Member States shall ensure that access to a database takes place only where it is necessary for the purpose of detection or investigation of illicit trade and the database information is protected and treated confidentially. In particular, data cannot be shared with any person or organisation which is not involved in the investigation or subsequent proceedings.
Amendment 366 #
Proposal for a directive
Article 14 – paragraph 9 – introductory part
Article 14 – paragraph 9 – introductory part
9. The Commission shall be empowered, taking into account existing practices, technologies and commercial practicalities as well as global standards for tracking and tracing and authentication of fast moving consumer goods and relevant requirements under the WHO FCTC Protocol to Eliminate Illicit Trade in Tobacco Products to adopt delegated acts in accordance with Article 22:
Amendment 367 #
Proposal for a directive
Article 14 – paragraph 10
Article 14 – paragraph 10
10. Tobacco products other than cigarettes and fine-cut tobacco for the roll-your-own tobacco shall be exempted from the application of paragraph 1 to 8 during a period of 510 years following the date referred to in paragraph 1 of Article 25.
Amendment 470 #
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 by the Directive, on grounds of overriding needs relating to the protection of public health. A Member State may also introduce more stringent provisionsThis Directive shall not affect the right of Member States to keep or introduce, oin 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 inaccordance with the Treaty, more stringent rules concerning the manufacture, import, sale and consumption of to baccount 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 appro products which they deem necessary in order to protect public health, in-so-far as such rules fall outside the scope of the provisions of this Directived.
Amendment 471 #
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 474 #
Proposal for a directive
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) tobacco productcigarettes and roll-your-own cigarettes;
Amendment 477 #
Proposal for a directive
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
Member States may allow tobacco products other than cigarettes and roll- your-own cigarettes, which are not in compliance with this Directive, to be placed on the market until (Publications Office, please insert the exact date: entry into force + 42 months).