114 Amendments of Maria do Céu PATRÃO NEVES related to 2012/0366(COD)
Amendment 6 #
Proposal for a directive
Recital 6
Recital 6
(6) The size of the internal market in tobacco and related products, the increasing tendency of manufacturers of tobacco products to concentrate production for the whole of the Union in only a small number of production plants within the Member States and the resulting significant cross-border trade of tobacco and related products calls for stronger legislative action at Union rather than national level to achieve the smooth operation of the internal market.
Amendment 7 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Tobacco production in disadvantaged areas, especially the outermost regions, which is often associated with specific environmental, geographical and cultural conditions and craft-based, environmentally-friendly methods, should receive special attention from the EU, which should allow the Member State the possibility of applying specific measures to maintain production in these regions, thereby safeguarding the jobs provided by this sector
Amendment 17 #
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, 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 differThe Commission is urged to carry out a scientific study of the real influences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoidedhese products on smoking uptake.
Amendment 22 #
Proposal for a directive
Recital 22
Recital 22
(22) The labelling provisions also need to be adapted to new scientific evidence. For example the indication of the yields for tar, nicotine and carbon monoxide on cigarette packets have proven to be misleading as it makes consumers believe that certain cigarettes are less harmful than others. Evidence also suggests thatIt is essential to carry out an independent study beforehand, in order to establish whether large combined health warnings are more effective than text-only warnings. In this light combined health warnings should become mandatory throughout the Union and cover significant and visible parts of the packet surface. A minimum size should be set for all health warnings to ensure their visibility and effectiveness.
Amendment 22 #
Proposal for a directive
Recital 6
Recital 6
(6) The size of the internal market in tobacco and related products, the increasing tendency of manufacturers of tobacco products to concentrate production for the whole of the Union in only a small number of production plants within the Member States and the resulting significant cross-border trade of tobacco and related products calls for stronger legislative action at Union rather than national level to achieve the smooth operation of the internal market.
Amendment 23 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The European Union should pay particular attention to tobacco production in less-favoured areas, especially in the outermost regions where it is frequently associated with specific environmental, geographical and socio-economic characteristics, using artisanal, eco- friendly methods, and the Union should allow the Member States to implement specific measures to ensure continued production in these areas, thereby safeguarding the corresponding jobs.
Amendment 24 #
Proposal for a directive
Recital 6
Recital 6
(6) The size of the internal market in tobacco and related products, the increasing tendency of manufacturers of tobacco products to concentrate production for the whole of the Union in only a small number of production plants within the Member States and the resulting significant cross-border trade of tobacco and related products calls for stronger legislative action at Union rather than national level to achieve the smooth operation of the internal market.
Amendment 25 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The European Union should pay particular attention to tobacco production in less-favoured areas, especially in the outermost regions where it is frequently associated with specific geographical and socio-economic characteristics, and the Union should allow the Member States concerned to implement specific measures to ensure continued production in these areas.
Amendment 26 #
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 addressedThe Commission is urged to carry out a scientific study of the real influence of these products on tobacco consumption.
Amendment 33 #
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, 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 avoided36The Commission is urged to carry out a scientific study of the real influence of these products on uptake of tobacco consumption.
Amendment 35 #
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, 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 avoided36.
Amendment 42 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) A Member State that deems it necessary to maintain and/or introduce national and/or regional provisions geared to preserving traditional tobacco plantations, for justified reasons relating to the socio-economic dependence of local communities, should be allowed to do so.
Amendment 47 #
Proposal for a directive
Recital 22
Recital 22
(22) The labelling provisions also need to be adapted to new scientific evidence. For example the indication of the yields for tar, nicotine and carbon monoxide on cigarette packets have proven to be misleading as it makes consumers believe that certain cigarettes are less harmful than others. Evidence also suggIt is essential that an independent study be carried out in advance that will make it possible to assests thatwhether large combined health warnings are more effective than text-only warnings. In this light combined health warnings should become mandatory throughout the Union and cover significant and visible parts of the packet surface. A minimum size should be set for all health warnings to ensure their visibility and effectiveness.
Amendment 50 #
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 addressedThe Commission is urged to carry out a scientific study of the real influence of these products on tobacco consumption.
Amendment 53 #
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 57 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Tobacco production in disadvantaged areas such as the outermost regions, where it is frequently linked to special geographical and socioeconomic conditions and is of cultural value because of the craft-based production methods used, should receive special attention from the EU, which should allow the Member State the possibility of applying special measures to maintain production in these regions;
Amendment 63 #
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 or menthol, 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;
Amendment 65 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Tobacco production in disadvantaged areas, especially the outermost regions, which is often associated with specific environmental, geographical and cultural conditions and craft-based, environmentally-friendly methods, should receive special attention from the EU, which should allow the Member State the possibility of applying specific measures to maintain production in these regions.
Amendment 65 #
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, 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 differThe Commission is urged to carry out a scientific study of the real influences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoidedhese products on smoking uptake.
Amendment 67 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 73 #
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 the10 Member States with the highest volume of sales, 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 75 #
Proposal for a directive
Article 2 – paragraph 1 – point 36 a (new)
Article 2 – paragraph 1 – point 36 a (new)
(36a) ‘reduced risk product’ means any product containing tobacco which, when marketed, significantly reduces the risk of illnesses associated with the consumption of conventional tobacco products. A product used to treat addiction to tobacco consumption, including cessation, is not a reduced risk product if it has been approved as a medicinal product.
Amendment 75 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) A Member State that deems it necessary to maintain and/or introduce national and/or regional provisions geared to preserving traditional tobacco plantations, for justified reasons relating to the socio-economic dependence of local communities, should be allowed to do so.
Amendment 78 #
Proposal for a directive
Recital 43 a (new)
Recital 43 a (new)
(43a) This Directive should not lead to a deterioration in the living conditions of people whose livelihoods depend on tobacco growing in Europe and who often live in disadvantaged areas. Given that the aim of the Directive is solely to discourage consumption of tobacco products, any decisions concerning ingredients and additives should take due account of the possible socioeconomic repercussions for groups whose livelihoods depend on tobacco growing. The European tobacco growing sector should be protected because it accounts for only a very small proportion of consumption in the EU and, at the same time, contributes to the economic stability of certain European regions where the range of alternative crops is limited. A decrease in or an end to tobacco growing in the EU would have no impact on consumption levels, but would lead to an increase in imports from third countries and a reduction in quality standards.
Amendment 81 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 86 #
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 addressedThe Commission is urged to carry out a scientific study of the real influence of these products on tobacco consumption.
Amendment 88 #
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 or menthol, 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;
Amendment 89 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) A Member State that deems it necessary to maintain and/or introduce national and/or regional provisions geared to preserving traditional tobacco plantations, for justified reasons relating to the socio-economic dependence of local communities, should be allowed to do so.
Amendment 94 #
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 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 22submit proposals to set maximum levels for those additives or combination of additives that cause the characterising flavour on the basis of validated scientific studies.
Amendment 98 #
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, 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 avoidedThe Commission is urged to carry out a scientific study of the real influence of these products on the uptake of tobacco consumption.
Amendment 101 #
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 104 #
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, taking up most of the surface area in a height of not less than 43 mmly visible manner. 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.
Amendment 107 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) (4) 'characterising flavour' means a distinguishable aroma or taste other than tobacco or menthol, 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;
Amendment 107 #
Proposal for a directive
Article 2 – paragraph 1 – point 34
Article 2 – paragraph 1 – point 34
(34) 'tobacco products' means products usable for consumption by consumers and consisting of, even partly, tobacco, whether genetically modified or not;
Amendment 108 #
Proposal for a directive
Article 2 – paragraph 1 – point 36 a (new)
Article 2 – paragraph 1 – point 36 a (new)
(36a) 'low-risk products' means any product containing tobacco which is placed on the market and significantly reduces the risk of diseases associated with the consumption of conventional tobacco products. A product designed to treat addiction to tobacco consumption, including cessation, is not a low-risk product if it has been approved as a medicinal product.
Amendment 109 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) A Member State which considers it necessary to maintain and/or introduce national and/or regional measures for the upkeep of traditional tobacco plantations on the justified grounds that the local population is socioeconomically dependent on them and the production is of cultural value, should be authorised to do so.
Amendment 112 #
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 114 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 114 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 116 #
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) be positioned atin the top edgehalf of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;
Amendment 117 #
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 118 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 22may submit proposals to adapt the maximum yields laid down in paragraph 1, taking into account scientific development and internationally agreed standards.
Amendment 122 #
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 leastthe 10 Member States with the highest sales volume 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 123 #
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 or menthol, 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;
Amendment 124 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 124 #
Proposal for a directive
Article 2 – paragraph 1 – point 36 a (new)
Article 2 – paragraph 1 – point 36 a (new)
(36a) ‘reduced risk product’ means any product containing tobacco which, when marketed, significantly reduces the risk of illnesses associated with the consumption of conventional tobacco products. A product designed to treat addiction to tobacco consumption, including smoking cessation, is not a low-risk product if it has been approved as a medicinal product.
Amendment 125 #
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 22may put forward proposals 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 128 #
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 yieldsmay submit proposals to adapt the maximum yields referred to in paragraph 1, taking into account scientific and technical developments and internationally agreed standards.
Amendment 130 #
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 attached in adhesive form, provided that they cannot be removed. 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 132 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 136 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 141 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States shall not prohibit the use of sugar and other 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 147 #
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 theirThe Commission is urged to carry out a scientific study of the real influence of these factors own brand might be less harmful. This should be addressedtobacco consumption.
Amendment 147 #
Proposal for a directive
Article 2 – paragraph 1 – point 36 a (new)
Article 2 – paragraph 1 – point 36 a (new)
(36a) ‘reduced risk product’ means any product containing tobacco which, when marketed, significantly reduces the risk of illnesses associated with the consumption of conventional tobacco products. A product used to treat addiction to tobacco consumption, including cessation, is not a reduced risk product if it has been approved as a medicinal product.
Amendment 151 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
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, on the basis of scientific evidence. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21. An independent panel shall be used to assist in the decision making.
Amendment 153 #
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, inserts, 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 153 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 157 #
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 or without a flap that covers the opening. The flap, if any, 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 159 #
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, if any, of a cigarette packet shall be hinged only at the back of the packet.
Amendment 159 #
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 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 22submit proposals to set maximum levels for those additives or combination of additives that cause the characterising flavour on the basis of validated scientific studies.
Amendment 164 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 169 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 177 #
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 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 22submit proposals to set maximum levels for those additives or combination of additives that cause the characterising flavour on the basis of validated scientific studies.
Amendment 184 #
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 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.
Amendment 197 #
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 206 #
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) be positioned atin the top edgehalf of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;
Amendment 209 #
Proposal for a directive
Article 2 - point 36 a (new)
Article 2 - point 36 a (new)
(36a) ‘reduced risk product’ means any product containing tobacco which, when marketed, significantly reduces the risk of illnesses associated with the consumption of conventional tobacco products. A product used to treat addiction to tobacco consumption, including cessation, is not a reduced risk product if it has been approved as a medicinal product.
Amendment 210 #
Proposal for a directive
Article 17 – title
Article 17 – title
Notification of novel tobacco products and potentially lower-risk novel tobacco products
Amendment 211 #
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall require that manufacturers and importers of tobacco products notify the competent authorities of Member States of any novel tobacco product which they intend to place on the markets of the Member States concerned and which, on the basis of substantial scientific evidence, they intend to make the subject of a claim that it is less harmful, or constitutes a lower risk, than conventional tobacco products. The notification shall be submitted in electronic form six months before the intended placing on the market and shall be accompanied by a detailed description of the product in question as well as information on ingredients and emissions in accordance with Article 5. The manufacturers and importers notifying a novel tobacco product shall also provide the competent authorities in question with:
Amendment 211 #
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 212 #
Proposal for a directive
Article 17 – paragraph 2
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. Member States shall be entitled to introduce an authorisation system and charge a proportionate fee. Member States shall be entitled to adopt specific labelling and packaging rules different from the requirements of this Directive for less harmful products. They shall notify such rules to the Commission.
Amendment 212 #
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 218 #
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, taking up most of the surface area in a height of not less than 43 mmly visible manner. 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.
Amendment 219 #
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, taking up most of the surface area in a height of not less than 43 mmly visible manner. 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.
Amendment 219 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 233 #
Proposal for a directive
Recital 40 A (new)
Recital 40 A (new)
(40a) Any Member State which considers it necessary to maintain and/or introduce national and/or regional measures to maintain traditional tobacco plantations, for justified reasons of socioeconomic dependence and land use, should be authorised to do so.
Amendment 235 #
Proposal for a directive
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) tobacco productscigarettes and roll-your-own tobacco;
Amendment 235 #
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 239 #
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 248 #
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) be positioned atin the top edgehalf of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;
Amendment 255 #
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 256 #
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 258 #
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 260 #
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 or without a flap that covers the opening. The flap, if any, 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 262 #
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, if any, of a cigarette packet shall be hinged only at the back of the packet.
Amendment 267 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 268 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 276 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 280 #
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 or menthol, 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;
Amendment 294 #
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. Warnings may be affixed by means of stickers, provided that such stickers are not removable. 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 303 #
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, inserts, 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 305 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 310 #
Proposal for a directive
Article 17 – title
Article 17 – title
Notification of novel tobacco products and potentially lower-risk novel tobacco products
Amendment 311 #
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall require that manufacturers and importers of tobacco products notify the competent authorities of Member States of any novel tobacco product which they intend to place on the markets of the Member States concerned and which, on the basis of substantial scientific evidence, they intend to make the subject of a claim that it is less harmful, or constitutes a lower risk, than conventional tobacco products. The notification shall be submitted in electronic form six months before the intended placing on the market and shall be accompanied by a detailed description of the product in question as well as information on ingredients and emissions in accordance with Article 5. The manufacturers and importers notifying a novel tobacco product shall also provide the competent authorities in question with:
Amendment 312 #
Proposal for a directive
Article 17 – paragraph 2
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 points (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. Member States shall be entitled to introduce an authorisation system and charge a proportionate fee. Member States shall be entitled to adopt specific labelling and packaging rules different from the requirements of this Directive for less harmful products. They shall notify such rules to the Commission.
Amendment 327 #
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 340 #
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 or without a flap that covers the opening. The flap, if any, 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 345 #
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, if any, of a cigarette packet shall be hinged only at the back of the packet.
Amendment 346 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1 – point c a (new)
Article 23 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) the potential impact on European tobacco growing of the Directive.
Amendment 348 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 357 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 396 #
Proposal for a directive
Article 17 – title
Article 17 – title
Notification of novel tobacco products and potentially lower-risk novel tobacco products
Amendment 398 #
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall require that manufacturers and importers of tobacco products notify the competent authorities of Member States of any novel tobacco product which they intend to place on the markets of the Member States concerned and which, on the basis of substantial scientific evidence, they intend to make the subject of a claim that it is less harmful, or constitutes a lower risk, than conventional tobacco products. The notification shall be submitted in electronic form six months before the intended placing on the market and shall be accompanied by a detailed description of the product in question as well as information on ingredients and emissions in accordance with Article 5. The manufacturers and importers notifying a novel tobacco product shall also provide the competent authorities in question with:
Amendment 404 #
Proposal for a directive
Article 17 – paragraph 2
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. Member States shall be entitled to introduce an authorisation system and charge a proportionate fee. Member States shall be entitled to adopt specific labelling and packaging rules different from the requirements of this Directive for less harmful products. They shall notify such rules to the Commission.
Amendment 412 #
Proposal for a directive
Article 17 – title
Article 17 – title
Notification of novel tobacco products and novel potential reduced-risk tobacco products;
Amendment 415 #
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall require that manufacturers and importers of tobacco products notify the competent authorities of Member States of any novel tobacco product they intend to place on the markets of the Member States concerned and in respect of which they intend to make claims, based on solid scientific evidence, alleging reduced harmfulness or risk in comparison with conventional tobacco products. The notification shall be submitted in electronic form six months before the intended placing on the market and shall be accompanied by a detailed description of the product in question as well as information on ingredients and emissions in accordance with Article 5. The manufacturers and importers notifying a novel tobacco product shall also provide the competent authorities in question with:
Amendment 476 #
Proposal for a directive
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) tobacco productscigarettes and roll-your-own tobacco;
Amendment 612 #
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, covering most of the surface area in a height of not less than 43 mmly visible manner. 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.
Amendment 666 #
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 706 #
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 800 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
This tobacco product can damages your health and is addictive
Amendment 846 #
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 1115 #
Proposal for a directive
Article 17 – title
Article 17 – title
Notification of novel tobacco products and potentially reduced-risk novel tobacco products
Amendment 1122 #
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall require that manufacturers and importers of tobacco products notify the competent authorities of Member States of any novel tobacco product they intend to place on the markets of the Member States concerned and for which they intend, on the basis of solid scientific evidence, to make claims that they are less harmful or of lower risk than conventional tobacco products. The notification shall be submitted in electronic form six months before the intended placing on the market and shall be accompanied by a detailed description of the product in question as well as information on ingredients and emissions in accordance with Article 5. The manufacturers and importers notifying a novel tobacco product shall also provide the competent authorities in question with: