52 Amendments of Paweł ZALEWSKI related to 2012/0366(COD)
Amendment 15 #
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 19 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
Amendment 31 #
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 use38 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 prohibition39. Upholds the ban on tobacco products for oral use, however, such a ban should not affect historically traditional smokeless tobacco products, which may be allowed by individual Member States. 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. 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 33 #
Proposal for a directive
Recital 30
Recital 30
(30) Cross-border distance sales of tobacco products as well as free promotional or discounted distribution of tobacco products facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this Directive. Common rules on a notification system are necessary to ensure that this Directive achieves its full potential. The provision on notification of cross-border distance sales of tobacco in this Directive should apply notwithstanding the notification procedure set out in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services. Business to consumer distance sale of tobacco products is further regulated by Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, which will be replaced by Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, as of 13 June 2014Therefore, cross-border distance sales of tobacco and free and/or discounted distribution of tobacco should be prohibited.
Amendment 53 #
Proposal for a directive
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) the prohibition of cross-border distance sales of tobacco products;
Amendment 56 #
Proposal for a directive
Article 1 – paragraph 1 – point f a (new)
Article 1 – paragraph 1 – point f a (new)
(fa) the requirement to implement a system, outside the control of the tobacco industry, for the tracking and tracing of tobacco products, in order to secure the supply chain and assist in the detection, prevention and punishment of illicit trade;
Amendment 57 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) ‘essential additive’ means an ingredient which is indispensable for the manufacturing of a tobacco products;
Amendment 58 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Amendment 59 #
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. Menthol as a traditional tobacco product flavour is not considered to be a characterising flavour;
Amendment 65 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘cigar’ or ‘cigarillo’ means a roll of tobacco consumed via a combustion process including a small type of cigar with a diameter of up to 8 mm and further defined in Article 4(1) of Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco46 ;
Amendment 66 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 70 #
Proposal for a directive
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18a) ‘reconstituted tobacco’ is a product which results from the enhancement of different parts of the tobacco plant from threshing and the manufacture of tobacco products, whether used as a wrap for cigars and cigarillos either as sheets or individual strands as a component of the tobacco blend for cigarettes and other tobacco products.
Amendment 71 #
Proposal for a directive
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
(25) ‘place on the market’ means to make products available to consumers locatedany supply of products for distribution, consumption or use 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;
Amendment 72 #
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 74 #
Proposal for a directive
Article 2 – paragraph 1 – point 36 a (new)
Article 2 – paragraph 1 – point 36 a (new)
(36a) ‘unique identification markings’ means a security feature which is both material-based and digitally-based
Amendment 78 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 86 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall prohibit the placing on the market of tobacco products with a characterising flavour. Menthol as a traditional tobacco product flavour is not considered to be characterising flavour and therefore, the use of menthol shall be allowed.
Amendment 88 #
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 flavousuch as sugar.
Amendment 90 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Commission shall adopt by means of implementing actsbe empowered to adopt delegated acts, in accordance with Article 22, to determine uniform rules on the procedures for determining whether a tobacco product falls within the scope of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
Amendment 93 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. In case the experience gained in the application of paragraphs 1 and 2 shows that a certain additive, which is not essential for manufacture, or a combination thereof typically impart a characterising flavour when it exceeds a certain level of presence or concentration the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to set maximum levels for those additives or combination of additives that cause the characterising flavour.
Amendment 97 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall prohibit the use of flavourings, except menthol, 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. Technical features aimed at reducing some harmful components of smoke or increasing the biodegradability of tobacco products are not affected.
Amendment 102 #
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 125 #
Proposal for a directive
Article 9 – paragraph 3 – point d
Article 9 – paragraph 3 – point d
Amendment 126 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
The general warning shall be printed or affixed by means of non-removable stickers on the most visible surface of the unit packet and any outside packaging. The text warnings listed in Annex I shall be rotated in such a way as to guarantee their regular appearance. These warnings shall be printedappear on the other most visible surface of the unit packet and any outside packaging.
Amendment 128 #
Proposal for a directive
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) printedappear 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 131 #
Proposal for a directive
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) centred in the area in which they are required to be printedappear, parallel to the top edge of the unit packet and any outside packaging;
Amendment 133 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 137 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
This tobacco product can damageis harmful to your health and is addictive
Amendment 145 #
Proposal for a directive
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(da) refers to technical features aiming to reduce some harmful components of smoke or increase the biodegradability of tobacco products.
Amendment 150 #
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 161 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 166 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 170 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that require that unique, secure and non-removable identification markings hereafter called unit packets of tobacco products shall be marked with a unique identifierque identification markings, such as codes or stamps, are affixed to or form part of all unit packets and packages and any outside packaging of cigarettes. In order to ensure their integrity, unique identifiers shall be irremovably printed/affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or by the opening of the packet. In relation to products manufactured outside the Union the obligations laid down in this Article apply only to those destined to or placed on the Union market.
Amendment 174 #
Proposal for a directive
Article 14 – paragraph 2 – point e
Article 14 – paragraph 2 – point e
(e) the product name and description;
Amendment 175 #
Proposal for a directive
Article 14 – paragraph 2 – point g
Article 14 – paragraph 2 – point g
(g) the intended shipment route, the shipment date, shipment destination, point of departure and consignee;
Amendment 177 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure thatrequire that track and trace technology capable of reading and transmitting data electronically to the storage facility pursuant to paragraph 6, the ownership for which is outside the control of tobacco manufacturers and their partners in the supply chain, is made available to 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 companies. Such economic operators shall record the entry of all unit packets into their possession, as well as all intermediate movements and the final exit from their possession. TIn conformity with Article 14(1), this obligation canshall be fulfilled by recording in aggregated form, e.g. of outside packaging, provided that tracking and tracing of unit packets remains possible.
Amendment 180 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 181 #
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Recorded 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.
Amendment 182 #
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 partyconclude data storage contracts with a third party, which may be an agency of the Member State, and which is legally independent from the tobacco companies or their partners in the supply chain, 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. Member States shall ensure full transparency. 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 and accessibility of the data storage facilities 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 provide manufacturers or importers access to this information, provided commercially sensitive information remains adequately protected in conformity with the relevant national and Union legislations.
Amendment 184 #
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 visible, tamper proof security feature of at least 1 cm², 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. Member States may combine their national fiscal marking with the tamper-proof security feature, provided that it complies with the technical specifications mentioned into this paragraph.
Amendment 187 #
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 188 #
Proposal for a directive
Title 2 – chapter 3 – title
Title 2 – chapter 3 – title
Amendment 189 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Member States shall set maximum limits for toxic or carcinogenic substances present in smokeless tobacco products placed on the market.
Amendment 191 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall oblige retail outlets intending to engage inprohibit cross- border distance sales of tobacco products 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 outleas well as distribution of free or discounted tobacco products intencluding to engage inhrough cross- border distance sales shall submit at least the following information to the competent authorities:.
Amendment 193 #
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 195 #
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 197 #
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 202 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 204 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 206 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 208 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 234 #
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 insert the exact date: entry into force + 242 months]: