BETA

Activities of Giancarlo SCOTTÀ related to 2012/0366(COD)

Shadow reports (1)

REPORT 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 PDF (1 MB) DOC (2 MB)
2016/11/22
Committee: ENVI
Dossiers: 2012/0366(COD)
Documents: PDF(1 MB) DOC(2 MB)

Amendments (118)

Amendment 26 #
Proposal for a directive
Recital 8
(8) In accordance with Article 114(3) of the Treaty of the Functioning of the European Union (hereinafter: "Treaty"), a high level of health protection should be taken as a basis, regard being had, in particular, to any new developments based on scientific facts. Tobacco products are not ordinary commodities and in view of the particularly harmful effects of tobacco, health protection should be given high importance, in particular to reduce smoking prevalence among young people. To that end, education, information and prevention campaigns and programmes to help citizens who wish to give up smoking continue to play an essential role.
2013/05/07
Committee: AGRI
Amendment 42 #
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 necessarywhich are essential for the manufacturinge 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 48 #
Proposal for a directive
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 that large combined health warnings are more effective than text-only warnings. In this light combined health warnings should become mandatory throughout the Union and, to ensure they are effective, 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.
2013/05/07
Committee: AGRI
Amendment 55 #
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 dimensionesign characteristics 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 61 #
Proposal for a directive
Recital 30
(30) Cross-border distance sales of tobacco 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 services40. 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 201441, and practices such as the free distribution or bartering of tobacco products in public places for promotional purposes, 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. They should, therefore, be prohibited.
2013/05/07
Committee: AGRI
Amendment 65 #
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, and 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 182/201143.
2013/05/07
Committee: AGRI
Amendment 72 #
Proposal for a directive
Recital 38
(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methods, setting maximum levels for ingredients that increase toxicity, addictiveness or attractiveness, the methodology for determining whether a tobacco product has characterising flavour, the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
2013/05/07
Committee: AGRI
Amendment 73 #
Proposal for a directive
Recital 8
(8) In accordance with Article 114(3) of the Treaty ofn the Functioning of the European Union (hereinafter: “Treaty”), a high level of health protection should be taken as a basis, regard being had, in particular, to any new developments based on scientific facts. Tobacco products are not ordinary commodities and in view of the particularly harmful effects of tobacco, health protection should be given high importance, in particular to reduce smoking prevalence among young people. To that end, it is also essential to continue to provide education, information and prevention campaigns and programmes to help citizens who wish to give up smoking.
2013/05/29
Committee: ENVI
Amendment 80 #
Proposal for a directive
Article 1 – paragraph 1 – point d
d) the prohibition of cross-border distance sales of tobacco products;
2013/05/07
Committee: AGRI
Amendment 82 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
(3) 'age verification system' means a computing system that unambiguously confirms the consumer's age in electronic form according to national requirements;deleted
2013/05/07
Committee: AGRI
Amendment 90 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 – introductory part
(11) 'cross-border distance sales' means a distance sales service where, at the time the consumer orders the product, the consumer is located in a Member State other than the Member State or the third country where the retail outlet is established; a retail outlet is deemed to be established in a Member State:
2013/05/07
Committee: AGRI
Amendment 91 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point a
(a) in the case of a natural person - if he/she has his/her place of business in that Member State;deleted
2013/05/07
Committee: AGRI
Amendment 92 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point b
(b) in other cases - if it has its statutory seat, central administration or place of business, including a branch, agency or any other establishment in that Member State;deleted
2013/05/07
Committee: AGRI
Amendment 95 #
Proposal for a directive
Article 2 – paragraph 1 – point 18
(18) 'ingredient' means an additive, tobacco (leaves and other natural, processed or unprocessed parts of tobacco plants including expanded and reconstituted tobacco), as well as any substance present in a finished tobacco product including paper, filter, inks, capsules and adhesives;
2013/05/07
Committee: AGRI
Amendment 98 #
Proposal for a directive
Article 2 – paragraph 1 – point 18 a (new)
(18a) ‘natural constituent’ means tobacco (leaves and other natural, processed or unprocessed parts of tobacco plants including expanded and reconstituted tobacco);
2013/05/07
Committee: AGRI
Amendment 103 #
Proposal for a directive
Article 2 – paragraph 1 – point 19
(19) 'maximum level' or 'maximum yield' means the maximum content or emission, including 0, of a substance in a tobacco product measured in grams;
2013/05/07
Committee: AGRI
Amendment 104 #
Proposal for a directive
Article 2 – paragraph 1 – point 23
(23) 'novel tobacco product' means a tobacco produ(Does not affect other than a cigarette, roll- your-own tobacco, pipe tobacco, water- pipe tobacco, cigar, cigarillo, chewing tobacco, nasal tobacco or tobacco for oral use placed on the market after entry into force of this Directive; English version)
2013/05/07
Committee: AGRI
Amendment 105 #
Proposal for a directive
Article 2 – paragraph 1 – point 25
(25) 'place on the market' means to make products available to consumers located 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;
2013/05/07
Committee: AGRI
Amendment 106 #
Proposal for a directive
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 10% in at least 10 Member States25% throughout the Union 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 Statesthroughout the Union 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;
2013/05/07
Committee: AGRI
Amendment 109 #
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 necessarywhich are essential for the manufacturinge 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.
2013/05/29
Committee: ENVI
Amendment 119 #
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 ando internationally agreed standards.
2013/05/07
Committee: AGRI
Amendment 124 #
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.
2013/05/07
Committee: AGRI
Amendment 126 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
3a. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the maximum yields laid down in paragraph 3: (a) to internationally agreed standards, where available, or (b) where scientific evidence demonstrates that they increase 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.
2013/05/07
Committee: AGRI
Amendment 130 #
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.
2013/05/07
Committee: AGRI
Amendment 131 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
4a. Member States shall notify the Commission of any methods of measurement that they use 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 EU methods of measurement.
2013/05/07
Committee: AGRI
Amendment 133 #
Proposal for a directive
Article 5 – paragraph 6 a (new)
6a. This article shall not apply to tobacco products other than cigarettes until such time as the EU methods of measurement referred to in Article 4(4a) are adopted.
2013/05/07
Committee: AGRI
Amendment 136 #
Proposal for a directive
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 haves proven to be misleading as it makes consumers believe that certain cigarettes are less harmful than others. Evidence also suggests that large combined health warnings are more effective than text-only warnings. In this light combined health warnings should become mandatory throughout the Union and, in order to be effective, 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.
2013/05/29
Committee: ENVI
Amendment 138 #
Proposal for a directive
Recital 22 a (new)
(22a) Furthermore, several scientific studies show that verbal encouragement to stop smoking is effective when it is aimed at smokers’ egos, indirectly hurting their pride and eliciting an emotional response. Text warnings of this kind, for example: ‘Smoking damages the skin and speeds up wrinkles’, ‘Smoking makes you less attractive’, ‘Nobody likes a cigarette- flavoured kiss’, ‘Quitting won’t make you fat: it will improve your life’, or ‘Think about it: stopping for a cigarette does more harm than the stress you are trying to relieve’, could therefore be combined with the text warnings currently in use.
2013/05/29
Committee: ENVI
Amendment 152 #
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 dimensionesign characteristics 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.
2013/05/29
Committee: ENVI
Amendment 154 #
Proposal for a directive
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 lay down 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.
2013/05/07
Committee: AGRI
Amendment 166 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
5a. Paragraph 5 shall not apply to technical measures intended to decrease specific harmful components of smoke or enhance the biodegradability of tobacco products.
2013/05/07
Committee: AGRI
Amendment 176 #
Proposal for a directive
Recital 30
(30) Cross-border distance sales of tobacco, and practices such as the free distribution or swapping of tobacco products in public places for promotional purposes, facilitate access to tobacco products ofby young people and risk to undermineing 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 of 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 of the Council of 25 October 2011 on consumer rights, as of 13 June 2014. They should therefore be abolished. Or. it (See amendments to Article 16.)
2013/05/14
Committee: ENVI
Amendment 183 #
Proposal for a directive
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, in black Helvetica bold type on a white or coloured background. 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.
2013/05/07
Committee: AGRI
Amendment 193 #
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 typsize and background colour, with due regard for the linguistic constraints obtaining in each Member State.
2013/05/07
Committee: AGRI
Amendment 194 #
Proposal for a directive
Recital 33
(33) Non-tobacco nicotine-containing products are sold on the Union market. The different regulatory approaches taken by Member States to address health and safety concerns associated with these products have a negative impact on the functioning of the internal market, in particular considering that these products are subject to significant cross-border distance sales including via the internet.
2013/05/14
Committee: ENVI
Amendment 199 #
Proposal for a directive
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;
2013/05/07
Committee: AGRI
Amendment 201 #
Proposal for a directive
Recital 34
(34) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use provides a legal framework to assess the quality, safety and efficacy of medicinal products including nicotine -containing products. A significant number of nicotine-containing products were already authorised under this regulatory regime. The authorisation takes into account the nicotine content of the product in question. Subjecting all nicotine- containing products, whose nicotine content equals or exceeds the content of aExcluding non- tobacco nicotine -containing product previouslys authorised under Directive 2001/83/EC, to from the same legal frameworkcope of this Directive clarifies the legal situation, levels out differences between national legislations, ensures equal treatment of all nicotine -containing products usable for smoking -cessation purposes and creates incentives for research and innovation in smoking cessation. This should be without prejudice to the application of Directive 2001/83/EC to other products covered by this Directive if the conditions set by Directive 2001/83/EC are fulfilled. Or. it (See amendments to Article 18.)
2013/05/14
Committee: ENVI
Amendment 208 #
Proposal for a directive
Recital 35
(35) Labelling provisProvisions on ingredients, labelling, and descriptions should be introduced for non-tobacco nicotine -containing products below the threshold set out incovered by this Directive in order to drawing the attention of consumers to potential health risks. Or. it (See amendments to Article 18.)
2013/05/14
Committee: ENVI
Amendment 208 #
Proposal for a directive
Article 9 – paragraph 1 – point g
(g) for unit packets of cigarettes, respect the following dimensions: (i) height: not less than 64 mm; (ii) width: not less than 55 mm.deleted
2013/05/07
Committee: AGRI
Amendment 214 #
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, and 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 182/2011. Or. it (See amendment to Article 6(2), subparagraph 2.)
2013/05/14
Committee: ENVI
Amendment 224 #
Proposal for a directive
Article 9 – paragraph 3 – point c
(c) define the position, format, layout, designlayout, design (including font type and size), rotation and proportions of the health warnings, with due regard for the linguistic constraints obtaining in each Member State;
2013/05/07
Committee: AGRI
Amendment 226 #
Proposal for a directive
Recital 38
(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methods, setting maximum levels for ingredients that increase toxicity, addictiveness or attractiveness, the methodology for determining whether a tobacco product has characterising flavour, the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, and reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your- own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council. (See amendments to Article 3, Article 6(2), second subparagraph, and Article 18.)Or. it
2013/05/14
Committee: ENVI
Amendment 233 #
Proposal for a directive
Article 10 – paragraph 2
2. The general warning referred to in paragraph 1 shall cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with threemore than two official languages.
2013/05/07
Committee: AGRI
Amendment 235 #
Proposal for a directive
Article 10 – paragraph 3
3. The text warning referred to in paragraph 1 shall cover 40 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 45 % for Member States with two official languages and 50 % for Member States with threemore than two official languages.
2013/05/07
Committee: AGRI
Amendment 241 #
Proposal for a directive
Article 11 – paragraph 2 – point b
(b) cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with threemore than two official languages.
2013/05/07
Committee: AGRI
Amendment 255 #
Proposal for a directive
Article 1 – paragraph 1 – point d
(d) the prohibition of cross-border distance sales of tobacco products; Or. it See amendments to Article 16.
2013/05/14
Committee: ENVI
Amendment 257 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
2a. The variety of tobacco used to manufacture the product and/or its country of origin may be indicated on the unit packet.
2013/05/07
Committee: AGRI
Amendment 265 #
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 267 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
(3) ‘age verification system’ means a computing system that unambiguously confirms the consumer's age in electronic form according to national requirements; deleted Or. it See amendments to Article 16.
2013/05/14
Committee: ENVI
Amendment 273 #
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 293 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 – introductory part
(11) ‘cross-border distance sales’ means a distance sales service where, at the time the consumer orders the product, the consumer is located in a Member State other than the Member State or the third country where the retail outlet is established; a retail outlet is deemed to be established in a Member State: Or. it See amendments to Article 16.
2013/05/14
Committee: ENVI
Amendment 294 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point a
(a) in the case of a natural person - if he/she has his/her place of business in that Member State; deleted Or. it See amendments to Article 16.
2013/05/14
Committee: ENVI
Amendment 294 #
Proposal for a directive
Article 14 – paragraph 10
10. Tobacco products other than cigarettes and roll-your-own tobacco shall be exempted from the application of paragraph 1 to 8 during a period of 510 years following the date referred to in paragraph 1 of Article 25.
2013/05/07
Committee: AGRI
Amendment 295 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point b
(b) in other cases - if it has its statutory seat, central administration or place of business, including a branch, agency or any other establishment in that Member State; deleted Or. it See amendments to Article 16.
2013/05/14
Committee: ENVI
Amendment 300 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
1. Member States shall oblige retail outlets intending to engage in cross-border distance sales 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 outlets intending toprohibit retail outlets established on their territory from engageing in cross- border distance sales shall submit at least the following information to the competent authorities:.
2013/05/07
Committee: AGRI
Amendment 301 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
1a. Member States shall prohibit on their territory the distribution of free or discounted tobacco products and the swapping of new, sealed packets of tobacco products for packets that have already been opened, irrespective of the channels used.
2013/05/07
Committee: AGRI
Amendment 302 #
Proposal for a directive
Article 16 – paragraph 1 – point a
(a) name or corporate name and permanent address of the place of activity from where the tobacco products are supplied;deleted
2013/05/07
Committee: AGRI
Amendment 303 #
Proposal for a directive
Article 16 – paragraph 1 – point b
(b) the starting date of the activity of offering tobacco products for cross-border distance sales to the public by means of information society services;deleted
2013/05/07
Committee: AGRI
Amendment 304 #
Proposal for a directive
Article 16 – paragraph 1 – point c
(c) the address of the website/-s used for that purpose and all relevant information necessary to identify the website.deleted
2013/05/07
Committee: AGRI
Amendment 305 #
Proposal for a directive
Article 16 – paragraph 2
2. The competent authorities of the Member States shall publish the complete list of all retail outlets registered with them in accordance with the rules and safeguards laid down in Directive 95/46/EC Retail outlets may only start placing tobacco products on the market in form of distance sales as of the moment the name of the retail outlet is published in the relevant Member States.deleted
2013/05/07
Committee: AGRI
Amendment 306 #
Proposal for a directive
Article 16 – paragraph 3
3. If it is necessary in order to ensure compliance and facilitate enforcement, Member States of destination may require that the retail outlet nominates a natural person who is responsible for verifying the tobacco products before reaching the consumer comply with the national provisions adopted pursuant to this Directive in the Member State of destination.deleted
2013/05/07
Committee: AGRI
Amendment 307 #
Proposal for a directive
Article 2 – paragraph 1 – point 18
(18) ‘ingredient’ means an additive, tobacco (leaves and other natural, processed or unprocessed parts of tobacco plants including expanded and reconstituted tobacco), as well as any substance present in a finished tobacco product including paper, filter, inks, capsules and adhesives;
2013/05/14
Committee: ENVI
Amendment 307 #
Proposal for a directive
Article 16 – paragraph 4
4. Retail outlets engaged in distance sales shall be equipped with an age verification system, which verifies at the time of sale, that the purchasing consumer respects the minimum age foreseen under the national legislation of the Member State of destination. The retailer or nominated natural person shall report to the competent authorities a description of the details and functioning of the age verification system.deleted
2013/05/07
Committee: AGRI
Amendment 308 #
Proposal for a directive
Article 16 – paragraph 5
5. Personal data of the consumer shall only be processed in accordance with Directive 95/46/EC and not be disclosed to the manufacturer of tobacco products or companies forming part of the same group of companies or to any other third parties. Personal data shall not be used or transferred beyond the purpose of this actual purchase. This also applies if the retail outlet forms part of a manufacturer of tobacco products.deleted
2013/05/07
Committee: AGRI
Amendment 310 #
Proposal for a directive
Article 2 – paragraph 1 – point 18 c (new)
(18c) ‘natural constituent’ means tobacco (leaves and other natural, processed or unprocessed parts of tobacco plants including expanded and reconstituted tobacco); Or. it (See amendment to Article 2(18).)
2013/05/14
Committee: ENVI
Amendment 317 #
Proposal for a directive
Article 2 – paragraph 1 – point 19
(19) ‘maximum level’ or ‘maximum yield’ means the maximum content or emission, including 0, of a substance in a tobacco product measured in grams;
2013/05/14
Committee: ENVI
Amendment 321 #
Proposal for a directive
Article 2 – paragraph 1 – point 23
(23) ‘novel tobacco product’ means a tobacco product other than a cigarette, roll- your-own tobacco, pipe tobacco, water- pipe tobacco, cigar, cigarillo, chewing tobacco, nasal tobacco or tobacco for oral use placed on the market after entry into force of this Directive;
2013/05/14
Committee: ENVI
Amendment 323 #
Proposal for a directive
Article 19 – paragraph 3
3. The health warning shall comply with the requirements laid down in Article 10(4). It shall cover not less than 30 % of the area of the corresponding surface of the unit packet and of any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with threemore than two official languages.
2013/05/07
Committee: AGRI
Amendment 326 #
Proposal for a directive
Article 2 – paragraph 1 – point 25
(25) ‘place on the market’ means to make products available to consumers located 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; ; Or. it See amendments to Article 16.
2013/05/14
Committee: ENVI
Amendment 330 #
Proposal for a directive
Article 22 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 3(3a), 4(3), 4(4), 4(4a), 6(2),6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of timefive years from [Office of Publications: please insert the date of the entry into force of this Directive]..
2013/05/07
Committee: AGRI
Amendment 336 #
Proposal for a directive
Article 22 – paragraph 3
3. The delegation of powers referred to in Articles 3(2), 3(3a), 4(3), 4(4), 4(4a), 6(2), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2013/05/07
Committee: AGRI
Amendment 342 #
Proposal for a directive
Article 22 – paragraph 5
5. A delegated act pursuant to Articles 3(2), 3(3a), 4(3), 4(4), 4(4a), 6(2), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
2013/05/07
Committee: AGRI
Amendment 343 #
Proposal for a directive
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 10% in at least 10 Member States25% throughout the Union 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 Statesthroughout the Union 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;
2013/05/14
Committee: ENVI
Amendment 373 #
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 ando internationally agreed standards.
2013/05/14
Committee: ENVI
Amendment 389 #
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.(Text split between paragraph 3 and a new paragraph 3a for greater clarity.)
2013/05/14
Committee: ENVI
Amendment 394 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
3a. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the yields set out in paragraph 3. a) to internationally agreed standards, where available, or b) where scientific evidence demonstrates that they can 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.
2013/05/14
Committee: ENVI
Amendment 413 #
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.
2013/05/14
Committee: ENVI
Amendment 416 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
4a. Member States shall notify the Commission of any methods of measurement that they use 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 EU methods of measurement. Or. it (See Directive 2001/37/EC, Recital 31.)
2013/05/14
Committee: ENVI
Amendment 441 #
Proposal for a directive
Article 5 – paragraph 6 a (new)
6a. This article shall not apply to tobacco products other than cigarettes until such time as the EU methods of measurement referred to in Article 4(4a) are adopted. Or. it (See Directive 2001/37/EC, Recital 31.)
2013/05/14
Committee: ENVI
Amendment 501 #
Proposal for a directive
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 lay down 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.
2013/05/14
Committee: ENVI
Amendment 538 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
5a. Paragraph 5 shall not apply to technical measures intended to decrease specific harmful components of smoke or enhance the biodegradability of tobacco products.
2013/05/14
Committee: ENVI
Amendment 611 #
Proposal for a directive
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, in black Helvetica bold type on a white or coloured background. 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.
2013/05/14
Committee: ENVI
Amendment 634 #
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 typsize and background colour, with due regard for the linguistic constraints obtaining in each Member State.
2013/05/14
Committee: ENVI
Amendment 670 #
Proposal for a directive
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;
2013/05/14
Committee: ENVI
Amendment 698 #
Proposal for a directive
Article 9 – paragraph 1 – point f
(f) be reproduced in accordance with the format, layout, design and proportions specified by the Commission pursuant to paragraph 3; Or. it (See amendment to Article 9(3)(c).)
2013/05/14
Committee: ENVI
Amendment 712 #
Proposal for a directive
Article 9 – paragraph 1 – point g
(g) for unit packets of cigarettes, respect the following dimensions: (i) height: not less than 64 mm; (ii) width: not less than 55 mm.deleted
2013/05/14
Committee: ENVI
Amendment 746 #
Proposal for a directive
Article 9 – paragraph 3 – point c
(c) define the position, format, layout, designlayout, design (including font type and size), rotation and proportions of the health warnings, with due regard for the linguistic constraints obtaining in each Member State;
2013/05/21
Committee: ENVI
Amendment 767 #
Proposal for a directive
Article 10 – paragraph 2
2. The general warning referred to in paragraph 1 shall cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with threemore than two official languages.
2013/05/21
Committee: ENVI
Amendment 772 #
Proposal for a directive
Article 10 – paragraph 3
3. The text warning referred to in paragraph 1 shall cover 40 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 45 % for Member States with two official languages and 50 % for Member States with threemore than two official languages.
2013/05/21
Committee: ENVI
Amendment 806 #
Proposal for a directive
Article 11 – paragraph 2 – point b
(b) cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with threemore than two official languages.
2013/05/21
Committee: ENVI
Amendment 861 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
2a. The variety of tobacco used to manufacture the product and/or its country of origin may be indicated on the unit packet.
2013/05/21
Committee: ENVI
Amendment 910 #
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.
2013/05/21
Committee: ENVI
Amendment 928 #
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.
2013/05/21
Committee: ENVI
Amendment 1014 #
Proposal for a directive
Article 14 – paragraph 10
10. Tobacco products other than cigarettes and roll-your-own tobacco shall be exempted from the application of paragraph 1 to 8 during a period of 510 years following the date referred to in paragraph 1 of Article 25.
2013/05/14
Committee: ENVI
Amendment 1042 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
1. Member States shall oblige retail outlets intending to engage in cross-border distance sales to consumers located in the Union to register with the competent authorities in the Member State where theprohibit 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 outlets intending toon their territory from engageing in cross-border distance sales shall submit at least the following information to the competent authorities:.
2013/05/14
Committee: ENVI
Amendment 1047 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
1a. Member States shall prohibit on their territory the distribution of free or discounted tobacco products and the swapping of new, sealed packets of tobacco products for packets that have already been opened, irrespective of the channels used.
2013/05/14
Committee: ENVI
Amendment 1055 #
Proposal for a directive
Article 16 – paragraph 1 – point a
a) name or corporate name and permanent address of the place of activity from where the tobacco products are supplied;deleted
2013/05/14
Committee: ENVI
Amendment 1063 #
Proposal for a directive
Article 16 – paragraph 1 – point b
b) the starting date of the activity of offering tobacco products for cross-border distance sales to the public by means of information society services;deleted
2013/05/14
Committee: ENVI
Amendment 1071 #
Proposal for a directive
Article 16 – paragraph 1 – point c
c) the address of the website/-s used for that purpose and all relevant information necessary to identify the website.deleted
2013/05/14
Committee: ENVI
Amendment 1080 #
Proposal for a directive
Article 16 – paragraph 2
2. The competent authorities of the Member States shall publish the complete list of all retail outlets registered with them in accordance with the rules and safeguards laid down in Directive 95/46/EC Retail outlets may only start placing tobacco products on the market in form of distance sales as of the moment the name of the retail outlet is published in the relevant Member States.deleted
2013/05/14
Committee: ENVI
Amendment 1090 #
Proposal for a directive
Article 16 – paragraph 3
3. If it is necessary in order to ensure compliance and facilitate enforcement, Member States of destination may require that the retail outlet nominates a natural person who is responsible for verifying the tobacco products before reaching the consumer comply with the national provisions adopted pursuant to this Directive in the Member State of destination.deleted
2013/05/14
Committee: ENVI
Amendment 1098 #
Proposal for a directive
Article 16 – paragraph 4
4. Retail outlets engaged in distance sales shall be equipped with an age verification system, which verifies at the time of sale, that the purchasing consumer respects the minimum age foreseen under the national legislation of the Member State of destination. The retailer or nominated natural person shall report to the competent authorities a description of the details and functioning of the age verification system.deleted
2013/05/14
Committee: ENVI
Amendment 1107 #
Proposal for a directive
Article 16 – paragraph 5
5. Personal data of the consumer shall only be processed in accordance with Directive 95/46/EC and not be disclosed to the manufacturer of tobacco products or companies forming part of the same group of companies or to any other third parties. Personal data shall not be used or transferred beyond the purpose of this actual purchase. This also applies if the retail outlet forms part of a manufacturer of tobacco products.deleted
2013/05/14
Committee: ENVI
Amendment 1151 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
1. The following nicotine-containing products may only be placed on the market if they were authorised pursuant to Directive 2001/83/EC:Articles 6(1) to (9), 10, 12(1) and (2) and 16 shall apply, mutatis mutandis, to nicotine-containing products other than tobacco products.
2013/05/14
Committee: ENVI
Amendment 1165 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
1a. Nicotine-containing products other than tobacco products in respect of which marketing authorisations are granted under Directive 2011/83/EC shall not be covered by this Directive.
2013/05/14
Committee: ENVI
Amendment 1178 #
Proposal for a directive
Article 18 – paragraph 1 – point a
(a) products with a nicotine level exceeding 2 mg per unit, ordeleted
2013/05/14
Committee: ENVI
Amendment 1191 #
Proposal for a directive
Article 18 – paragraph 1 – point b
(b) products with a nicotine concentration exceeding 4 mg per ml ordeleted
2013/05/14
Committee: ENVI
Amendment 1205 #
Proposal for a directive
Article 18 – paragraph 1 – point c
(c) products whose intended use results in a mean maximum peak plasma concentration exceeding 4 ng of nicotine per ml.deleted
2013/05/14
Committee: ENVI
Amendment 1216 #
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.
2013/05/14
Committee: ENVI
Amendment 1224 #
Proposal for a directive
Article 18 – paragraph 3
Each unit packet and any outside packaging of nicotine-containing products below the thresholds set out in paragraph 1 shall carry the following health warning: This product contains nicotine and can damage your health.deleted
2013/05/14
Committee: ENVI
Amendment 1237 #
Proposal for a directive
Article 18 – paragraph 4
4. The health warning referred to in paragraph 3 shall comply with the requirements specified in Article 10(4). In addition, it shall: a) be printed on the two largest surfaces of the unit packet and any outside packaging; b) cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with three official languages.deleted
2013/05/14
Committee: ENVI
Amendment 1246 #
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.
2013/05/14
Committee: ENVI
Amendment 1261 #
Proposal for a directive
Article 19 – paragraph 3
3. The health warning shall comply with the requirements laid down in Article 10(4). It shall cover not less than 30 % of the area of the corresponding surface of the unit packet and of any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with threemore than two official languages.
2013/05/14
Committee: ENVI
Amendment 1272 #
Proposal for a directive
Article 22 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 3(3a), 4(3), 4(4), and 4(4a), 6(2),6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(54(9) shall be conferred on the Commission for an indeterminate period of timefive years from [Office of Publications: please insert the date of the entry into force of this Directive]..
2013/05/14
Committee: ENVI
Amendment 1284 #
Proposal for a directive
Article 22 – paragraph 3
3. The delegation of powers referred to in Articles 3(2), 3(3a), 4(3), 4(4), 4(4a), 6(2), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(54(9) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2013/05/14
Committee: ENVI
Amendment 1294 #
Proposal for a directive
Article 22 – paragraph 5
5. A delegated act pursuant to Articles 3(2), 3(3a), 4(3), 4(4), 4(4a), 6(2), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(54(9) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
2013/05/14
Committee: ENVI
Amendment 1353 #
Proposal for a directive
Annex 1 – point 14 a (new)
(14 a) This product contains nicotine and is damaging to your health. (Amendment linked to the amendment on Title 1a (new) of Annex I.) Or. it See amendments to Article 18.
2013/05/14
Committee: ENVI
Amendment 1356 #
Proposal for a directive
Annex 1 – heading 1 a (new)
List of the text warnings referred to in Article 18 Or. it See amendments to Article 18.
2013/05/14
Committee: ENVI