Activities of Georgios KOUMOUTSAKOS related to 2012/0366(COD)
Plenary speeches (1)
Manufacture, presentation and sale of tobacco and related products (debate)
Amendments (38)
Amendment 86 #
Proposal for a directive
Recital 12
Recital 12
(12) In order to exercise their regulatory function, Member States and the Commission require comprehensive information on ingredients and emissions to assess the attractiveness, addictiveness and toxicity of tobacco products and the risks to health associated with the consumption of such products. To this end, the existing reporting obligations for ingredients and emissions should be reinforced, without, however, imposing a superfluous, excessive and disproportionate burden on small and medium-sized enterprises. This is consistent with the obligation placed on the Union to ensure a high level of protection for human health.
Amendment 123 #
Proposal for a directive
Recital 18
Recital 18
(18) Considering that the Directive's focuses on young people, but also protects the health of all consumers, tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco which are mainly consumed by older consumers, should not be granted an exemption from certain ingredients requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people.
Amendment 135 #
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 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 cover significant and visible parts of the packet surface. A minimum size A percentage of the external surface should be set for all health warnings to ensure their visibility and effectiveness.
Amendment 150 #
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 that appear on packaging, 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 158 #
Proposal for a directive
Recital 24
Recital 24
(24) Tobacco products for smoking, other than cigarettes and roll-your-own tobacco products, whicheven though they are mainly consumed by older consumers, should not be granted an exemption from certain labelling requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. The labelling of these other tobacco products should follow specific rules. The visibility of the health warnings on smokeless tobacco products needs to be ensured. Warnings should therefore be placed on the two main surfaces of smokeless tobacco product packaging.
Amendment 228 #
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 andmay also introduce more stringent provisions, provided the provisions are justified by the need to protect public health. More stringent national provisions should b, in accordance with the principle of subsidiarity, and are necessary and proportionate, and do not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. 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 and do not distort competition.
Amendment 237 #
Proposal for a directive
Recital 41
Recital 41
(41) Member States should remain free to maintain or introduce national legislations applying to all products alike for aspects falling outside the scope of this Directive, provided they are compatible with the Treaty and do not jeopardise the full application of this Directive. Accordingly, Member States could, for instance, maintain or introduce provisions providing standardisation of packaging of tobacco productsfurther provisions, provided that those provisions are compatible with the Treaty, with WTO obligations and do not affect the full application of this Directive. A prior notification is required for technical regulations pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and on rules on Information Society services.
Amendment 345 #
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 372 #
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 22In order to adapt the maximum yields laid down in paragraph 1, taking into account scientific development and internationally agreed standards, the usual legislative procedure shall be adopted.
Amendment 390 #
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 22usual legislative procedure shall be followed 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 406 #
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 22usual legislative procedure shall be followed to adapt the methods of measurement of the tar, nicotine and carbon monoxide yields, taking into account scientific and technical developments and internationally agreed standards.
Amendment 412 #
Proposal for a directive
Article 4 – paragraph 4
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 22usual legislative procedure shall be followed to adopt and adapt methods of measurement.
Amendment 421 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall require manufacturers and importers of tobacco products, nicotine-containing products and herbal products for smoking to submit to their competent authorities a list of all ingredients, and quantities thereof, used in the manufacture of the tobacco products by brand name and type, as well as their emissions and yields. Manufacturers or importers shall also inform the competent authorities of the concerned Member States if the composition of a product is modified affecting the information provided under this Article. Information required under this Article shall be submitted prior to the placing of the market of a new or modified tobacco product.
Amendment 459 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall prohibit the placing on the EU market of tobacco products with a characterising flavour.
Amendment 511 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. In case the experiencescientific data 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 22usual legislative procedure shall be followed in order to set maximum levels for those additives or combination of additives that cause the characterising flavour.
Amendment 560 #
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
9. In case scientific evidence and the experience gained in the application of paragraphs 7 and 8 shows that a certain additive or a certain quantity thereof amplifyies in an appreciable manner at the stage of consumption the toxic or addictive effect of a tobacco product, the Commission shall be empowered to adopt delegated acts in accordance with Article 22usual legislative procedure shall be followed in order to set maximum levels for those additives.
Amendment 581 #
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 not 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 600 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The health warnings shall in no way hide or interrupt the tax stamps, which shall be placed at the opening of the packaging of tobacco products, price marks, tracking and tracing marks, or security features on unit packets.
Amendment 602 #
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 619 #
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 648 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) be comprised either of a text warning listed in Annex I or of a text warning and a corresponding colour photograph specified in the picture library;
Amendment 671 #
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 714 #
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 748 #
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
c) define the position, format, layout, design, rotation and proportations of the health warnings;
Amendment 762 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Tobacco for smoking other than cigarettes and roll-your-own tobacco shall not be exempted from the obligations to carry the information message laid down in Article 8(2) and the combined health warnings in Article 9. In addition to the general warning specified in Article 8(1), each unit packet and any outside packaging of these products shall carry a text warning listed in Annex I. The general warning specified in Article 8(1) shall include a reference to the cessation services in accordance with Article 9(1)(b).
Amendment 798 #
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 856 #
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 912 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 22usual legislative procedure shall be followed 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.
Amendment 930 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 22usual legislative procedure shall be followed 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.
Amendment 937 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that all unit packets of tobacco products marketed in the EU shall be marked with a unique identifier. In order to ensure their integrity, unique identifiers shall be irremovably printed/affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or by the opening of the packet. In relation to products manufactured outside the Union the obligations laid down in this Article apply only to those destined to or placed on the Union market.
Amendment 958 #
Proposal for a directive
Article 14 – paragraph 2 – point i
Article 14 – paragraph 2 – point i
i) the actualestimated shipment route from manufacturing to the first retail outlet, including all warehouses used;
Amendment 960 #
Proposal for a directive
Article 14 – paragraph 2 – point j
Article 14 – paragraph 2 – point j
Amendment 966 #
Proposal for a directive
Article 14 – paragraph 2 – point k
Article 14 – paragraph 2 – point k
Amendment 1226 #
Proposal for a directive
Article 18 – paragraph 3 – introductory part
Article 18 – paragraph 3 – introductory part
Amendment 1231 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
This product contains nicotine and can damages your health.
Amendment 1254 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
This product can damages your health
Amendment 1268 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 3(3), 4(3), 4(4), 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 time from [Office of Publications: please insert the date of the entry into force of this Directive].
Amendment 1313 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. However, a Member State may maintain more stringent national provisions, applicable to all products alike, in areas covered by the Directive, on grounds of overriding needs relating to the protection of public health. Athis Directive shall not affect the right of Member State may alss to introduce more stringent provisions, on grounds relating to the specific situation of this Member State and provided these provisions are justified by the need to protect public health, in accordance with the principle of subsidiarity. Such national provisions shall be notified to the Commission together with the grounds for maintaining or introducing them. The Commission shall, within six months from the date of receiving the notification, approve or reject the provisions after having verified, taking into account the high level of health protection achieved through this Directive, whether or not they are justified, necessary and proportionate to getheir aim and whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between the Member States. In the absence of a decision by the Commission within this period the national provisions shall be deemed to be approvedwith the grounds for maintaining or introducing them.