BETA

34 Amendments of Elżbieta Katarzyna ŁUKACIJEWSKA related to 2012/0366(COD)

Amendment 31 #
Proposal for a directive
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, 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.deleted
2013/05/07
Committee: AGRI
Amendment 39 #
Proposal for a directive
Recital 16
(16) The prohibition of tobacco products with characterising flavours does not prohibit the use of individual additives altogether, but obliges the manufactures to reduce the additive or the combination of additives to such an extent that the additives no longer result in a characterising flavour. The use of additives necessary for manufacturing of tobacco products should be allowed, as long as they do not result in a characterising flavour. The Commission should ensure uniform conditions for the implementation of the provision on characterising flavour. Independent panels should be used by the Member States and by the Commission to assist in such decision making. The application of this Directive should not discriminate between different tobacco varieties.
2013/05/07
Committee: AGRI
Amendment 50 #
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.
2013/05/07
Committee: AGRI
Amendment 63 #
Proposal for a directive
Recital 37
(37) In order to ensure uniform conditions for the implementation of this Directive, in particular concerning the format of ingredients reporting, the determination of products with characterising flavours or with increased levels of toxicity and addictiveness and, the methodology for determining whether a tobacco product has characterising flavour, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/201143Commission may lay down, by means of implementing acts and in accordance with the procedure referred to in Article 21, the methodology for determining increased levels of toxicity and addictiveness of additives used.
2013/05/07
Committee: AGRI
Amendment 83 #
Proposal for a directive
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;deleted
2013/05/07
Committee: AGRI
Amendment 93 #
Proposal for a directive
Article 2 – paragraph 1 – point 13
(13) ‘flavouring’ means an additive that imparts aroma and/or taste;deleted
2013/05/07
Committee: AGRI
Amendment 110 #
Proposal for a directive
Article 2 – paragraph 1 – point 36 c (new)
(36c) ‘importer’ means any natural or legal person established within the Community who places a product from a third country on the Community market;
2013/05/07
Committee: AGRI
Amendment 111 #
Proposal for a directive
Article 2 – paragraph 1 – point 36 d (new)
(36d) ‘manufacturer’ means any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under his name or trademark;
2013/05/07
Committee: AGRI
Amendment 116 #
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.
2013/05/07
Committee: AGRI
Amendment 122 #
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.deleted
2013/05/07
Committee: AGRI
Amendment 127 #
Proposal for a directive
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 internationally agreed standards.
2013/05/07
Committee: AGRI
Amendment 129 #
Proposal for a directive
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. Based on these methods, and taking into account scientific and technical developments as well as internationally agreed standards the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt methods of measurement.deleted
2013/05/07
Committee: AGRI
Amendment 135 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Member States shall prohibit the placing on the market of tobacco products with a characterising flavour.deleted
2013/05/07
Committee: AGRI
Amendment 143 #
Proposal for a directive
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.
2013/05/07
Committee: AGRI
Amendment 147 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 3
Member States shall notify to the Commission measures taken pursuant to this paragraph.deleted
2013/05/07
Committee: AGRI
Amendment 148 #
Proposal for a directive
Article 6 – paragraph 2
2. The Commission shall at the request of a Member State or may on its own initiative determine by means of implementing acts 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. The Commission shall adopt by means of implementing acts 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.deleted
2013/05/07
Committee: AGRI
Amendment 158 #
Proposal for a directive
Article 6 – paragraph 3
3. In case the experience gained in the application of paragraphs 1 and 2 shows that a certain additive 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.deleted
2013/05/07
Committee: AGRI
Amendment 160 #
Proposal for a directive
Article 6 – paragraph 4 – point a
(a) vitamins and other additives that create the impression that a tobacco product has a health benefit or presents reduced health hazards, or
2013/05/07
Committee: AGRI
Amendment 161 #
Proposal for a directive
Article 6 – paragraph 4 – point b
(b) caffeine and taurine and other additives and stimulant compounds that are associated with energy and vitality, or
2013/05/07
Committee: AGRI
Amendment 163 #
Proposal for a directive
Article 6 – paragraph 5
5. 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.deleted
2013/05/07
Committee: AGRI
Amendment 174 #
Proposal for a directive
Article 6 – paragraph 9
9. In case scientific evidence and the experience gained in the application of paragraphs 7 and 8 shows that a certain additive or a certain quantity thereof amplify in an appreciable manner at the stage of consumption the toxic or addictive effect of a tobacco product the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to set maximum levels for those additives.deleted
2013/05/07
Committee: AGRI
Amendment 176 #
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.deleted
2013/05/07
Committee: AGRI
Amendment 191 #
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
2013/05/07
Committee: AGRI
Amendment 223 #
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
2013/05/07
Committee: AGRI
Amendment 230 #
Proposal for a directive
Article 9 – paragraph 3 – point d
(d) by way of derogation from Article 7(3), lay down the conditions under which health warnings may be broken during unit packet opening in a manner that ensures the graphical integrity and visibility of the text, photographs and cessation information.deleted
2013/05/07
Committee: AGRI
Amendment 238 #
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.
2013/05/07
Committee: AGRI
Amendment 244 #
Proposal for a directive
Article 11 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the requirements in paragraphs 1 and 2 taking into account scientific and market developments.
2013/05/07
Committee: AGRI
Amendment 248 #
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
2013/05/07
Committee: AGRI
Amendment 252 #
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 diameter of less than 7.5 mm shall be deemed to be misleading.
2013/05/07
Committee: AGRI
Amendment 270 #
Proposal for a directive
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 before the first opening, during the opening and after reclosing of the unit packet.
2013/05/07
Committee: AGRI
Amendment 277 #
Proposal for a directive
Article 13 – paragraph 4
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.
2013/05/07
Committee: AGRI
Amendment 290 #
Proposal for a directive
Article 14 – paragraph 9
9. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to: (a) to define the key elements (such as duration, renewability, expertise required, confidentiality) of the contract referred to in paragraph 6, including its regular monitoring and evaluation; (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 (c) to define the technical standards for the security feature and their possible rotation and to adapt them to scientific, market and technical development.
2013/05/07
Committee: AGRI
Amendment 317 #
Proposal for a directive
Article 18 – paragraph 2
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.
2013/05/07
Committee: AGRI
Amendment 320 #
Proposal for a directive
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 the position, format, layout, design and rotation of the health warnings.
2013/05/07
Committee: AGRI