Activities of Emma McCLARKIN related to 2012/0366(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products
Amendments (26)
Amendment 13 #
Proposal for a directive
Recital 13
Recital 13
(13) The current use of different reporting formats makes it difficult for manufacturers and importers to fulfil their reporting obligations and burdensome for the Member States and the Commission to compare, analyse and draw conclusions from the information received. In this light there should be a common mandatory format for the reporting of ingredients and emissions. The greatest possible transparency of product information should be ensured for the general public, while ensuring that appropriate account is taken of the commercial and intellectual property rights of the manufacturers of tobacco products and fulfils the Union’s international obligations contained in the WTO treaties.
Amendment 14 #
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 characterisingnon-tobacco dominant flavour other than tobacco, which may facilitate uptake ofr 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 avoidedraditional flavours such as menthol, which may facilitate uptake of tobacco consumption or affect consumption patterns..
Amendment 25 #
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’, or ‘organic’, ‘without additives’, ‘without flavours’, ‘slim’, names, pictures, and figurative or other signs. Likewise, the size and appearance of individual ciga. In case the package cretates cana mislead consumers by creating theing impression that they cigarettes 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, health warnings must be adapted accordingly.
Amendment 40 #
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. A Member State should also be allowed to introduce 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 national provisions should be necessary and proportionate, not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States and consistent with WTO international obligations. Stricter national provisions require prior notification to, and approval from, the Commission taking into account the high level of health protection achieved through this Directive.
Amendment 60 #
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 and traditional flavours such as 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 80 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 83 #
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 96 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall prohibit the use of characterising 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.
Amendment 107 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 111 #
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 123 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 135 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 151 #
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 162 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 167 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 213 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. The followingIf nicotine- containing products are presented as having properties for treating or preventing disease they may only be placed on the market if they were authorised pursuant to Directive 2001/83/EC:
Amendment 214 #
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 215 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 217 #
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
Amendment 218 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 220 #
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 221 #
Proposal for a directive
Article 18 – paragraph 5
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 intoy 1 January 2017, carry out a study on nicotine containing products in consultation with the relevant stakeholders and the Member States. This study will include ac count scientific and market developments and to adopt and adapt the position, format, layout, design and rotation of the health warningmprehensive safety evaluation, a risk assessment and a cost-benefit analysis, and will present a variety of potential legislative options.
Amendment 318 #
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- cigarettes shall include at least 20 cigarettes. A unit of 'roll-your-own' or 'make-your-own' tobacco shall be packaged in a cuboid or cylindrical composite can or have the form of a pouch, i.e. a rectangular poacket with a flapt 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 rollA unit packet of 'roll-your-own' or 'make-your- own tobacco' shall contain tobacco weighing at least 40 g.
Amendment 331 #
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 makhand rolling cigarettes by consumers or retail outlets;
Amendment 332 #
Proposal for a directive
Article 2 – paragraph 1 – point 28 a (new)
Article 2 – paragraph 1 – point 28 a (new)
(28a) ‘make-your-own’ tobacco means fine-cut loose tobacco which can be used for making cigarettes by consumers;
Amendment 873 #
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- cigarettes shall include at least 20 cigarettes. A unit of 'roll-your-own' or 'make-your-own' tobacco shall be packaged in a cuboid or cylindrical composite can or have the form of a pouch, i.e. a rectangular poacket with a flapt 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 rollA unit packet of 'roll-your-own' or 'make-your- own tobacco' shall contain tobacco weighing at least 40 g.