BETA


2015/0100(NLE) World Health Organisation (WHO) Framework Convention on Tobacco Control: Protocol to Eliminate Illicit Trade in Tobacco Products

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE ANDERSON Martina (icon: GUE/NGL GUE/NGL) SÓGOR Csaba (icon: PPE PPE), BEŇOVÁ Monika (icon: S&D S&D), HYUSMENOVA Filiz (icon: ALDE ALDE), LAMBERT Jean (icon: Verts/ALE Verts/ALE)
Committee Opinion INTA
Committee Opinion CONT GRÄSSLE Ingeborg (icon: PPE PPE) Nedzhmi ALI (icon: ALDE ALDE), Gilles PARGNEAUX (icon: S&D S&D), Marco VALLI (icon: EFDD EFDD)
Committee Opinion ECON
Committee Opinion ENVI
Committee Opinion IMCO
Lead committee dossier:
Legal Basis:
TFEU 082-p1, TFEU 083-p2, TFEU 087-p2, TFEU 218-p6a

Events

2016/10/01
   Final act published in Official Journal
Details

PURPOSE: to conclude, on behalf of the European Union, the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, in so far as the provisions of the Protocol which fall under Title V of Part III of the Treaty on the Functioning of the European Union are concerned.

NON-LEGISLATIVE ACT: Council Decision (EU) 2016/1750 on the conclusion, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences.

BACKGROUND: the World Health Assembly adopted in 2003 the Framework Convention on Tobacco Control (FCTC) , which aims at reducing tobacco-related deaths and diseases around the world in a comprehensive manner.

The Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO FCTC was signed on 20 December 2013, subject to its conclusion at a later date.

The EU concluded the FCTC by Council Decision 2004/513/EC.

Illicit trade in tobacco products and in particular cigarette smuggling into the EU and within the EU is a criminal activity causing huge losses in revenue for the EU and the Member States in terms of unpaid taxes and customs duties. Estimates indicate more than €10 billion losses of revenue annually to the EU and Member States.

The FCTC Protocol currently constitutes the only multilateral regulatory initiative in the area and it is necessary to approve it on behalf of the European Union.

CONTENT: with this Decision, the Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO Framework Convention on Tobacco Control as regards Articles 14, 16, 26, 29 and 30, relating to judicial cooperation in criminal matters and the definition of criminal offences, is hereby approved on behalf of the Union (provisions of the Protocol which fall within the scope of Title V of Part III of the TFEU on Freedom, Security and Justice).

Protocol : the Protocol is set out in the annex to the Decision. It contains a complex set of measures, rules and policy in the field of fighting illicit trade in tobacco products.

The Protocol contains:

measures on the definition of unlawful conduct that may be established by the Parties as a non-criminal or a criminal offence, including establishing the liability of both natural and legal persons. The list of unlawful conducts also includes the laundering of proceeds of the unlawful conduct established as a criminal offence under Council Framework Decision 2001/500/JHA ; measures on judicial cooperation in criminal matters (mutual legal assistance and extradition) as well as measures on police and customs cooperation in criminal matters.

Territorial provisions : the United Kingdom, Ireland and Denmark shall not participate in the Decision.

ENTRY INTO FORCE: the Decision shall enter into force on 1.10.2016.

2016/06/17
   EP/CSL - Act adopted by Council after consultation of Parliament
2016/06/17
   EP - End of procedure in Parliament
2016/06/07
   EP - Results of vote in Parliament
2016/06/07
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 598 votes to 25, with 35 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences.

In line with the recommendation made by the Committee on Civil Liberties, Justice and Home Affairs, Parliament gave its consent to the conclusion of the Protocol.

To recall, the conclusion of the World Health Organisation (WHO) Framework Convention on Tobacco Control (FCTC) was approved on behalf of the Community by Council Decision 2004/513/EC . The Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO FCTC was signed on 20 December 2013, subject to its conclusion at a later date.

The proposed Decision shall apply to provisions of the Protocol falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (area of freedom, security and justice). The Protocol contains:

measures on the definition of unlawful conduct that may be established by the Parties as a non-criminal or a criminal offence, including establishing the liability of both natural and legal persons; measures on judicial cooperation in criminal matters (mutual legal assistance and extradition); measures on police and customs cooperation in criminal matters.

Documents
2016/06/02
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Martina ANDERSON (GUE/NGL, UK) on the draft Council decision on the conclusion, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences.

The committee recommended the European Parliament to give its consent to the conclusion of the Protocol.

In a short justification accompanying the recommendation, Members stated that the World Heath’s Organisation protocol on the Illicit Trade in Tobacco should be immediately ratified by the European Union. Its objective is the elimination of all forms of illicit trade in tobacco products.

To recall, the Protocol:

targets the supply chain of tobacco products via a series of measures by governments (e.g. creation of a global tracking and tracing regime within five years of entry into force of the Protocol, establishment of a global information sharing point located in the Secretariat of the World Health Organisation Framework Convention on Tobacco Control, creation of national and regional tracking and tracing systems); insists upon additional provisions aimed at addressing the supply chain of illicit tobacco products. These include; licensing, record keeping requirements and regulation of internet-sales, duty-free sales and international transit; establishes offences, address liability and seizure payments as well and the disposal of confiscated products; encourages and enhances international cooperation, valid information sharing, technical and law enforcement cooperation, mutual legal and administrative assistance; outlines particular obligations regarding the tobacco industry. Parties to the Protocol must make each and every interaction with the tobacco industry fully transparent.

Documents
2016/05/30
   EP - Vote in committee, 1st reading/single reading
2016/05/25
   EP - Committee opinion
Documents
2016/04/14
   EP - Committee draft report
Documents
2016/04/11
   EP - Committee referral announced in Parliament, 1st reading/single reading
2016/02/09
   EC - Legislative proposal published
Details

PURPOSE: to conclude, on behalf of the European Union, the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the conclusion of the World Health Organisation (WHO) Framework Convention on Tobacco Control (FCTC) was approved on behalf of the Community by Council Decision 2004/513/EC . The Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO FCTC was signed on 20 December 2013, subject to its conclusion at a later date.

By means of legal acts, the Union has established common rules in the areas of the judicial cooperation on criminal matters and the definition of criminal offences. Articles 14, 16, 26, 29 and 30 of the Protocol may affect the common rules or alter their scope. The Protocol should be approved on behalf of the Union as regards matters falling within the Union's competence only insofar as the Protocol may affect such common rules or alter their scope.

CONTENT: the proposed Decision seeks the approval, on behalf of the Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO Framework Convention on Tobacco Control . It shall apply to provisions of the Protocol falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (area of freedom, security and justice).

The Protocol contains a set of measures and strategies in the field of fighting illicit trade in tobacco products. It represents a significant contribution to the international efforts to eliminate all forms of illicit trade in tobacco products, and thereby fight the circumvention of tax and customs duties obligations and reduce the supply of tobacco products.

The Protocol also contributes to the smooth functioning of the internal market for tobacco products whilst ensuring a high level of public health.

The United Kingdom and Ireland shall not take part in the adoption of the Decision.

For details about the content of the Protocol, please refer to the summary of the Commission’s initial legislative proposal of 4.5.2015.

Documents
2015/11/25
   EP - Committee Opinion
2015/07/02
   EP - Responsible Committee
2015/05/04
   EC - Initial legislative proposal published
Details

PURPOSE: to conclude, on behalf of the European Union, the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, in so far as the provisions of the Protocol which fall under Title V of Part III of the Treaty on the Functioning of the European Union are concerned.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the World Health Assembly adopted in 2003 the Framework Convention on Tobacco Control (FCTC) , which aims at reducing tobacco-related deaths and diseases around the world in a comprehensive manner. The EU concluded the FCTC by Council Decision 2004/513/EC.

The EU signed the FCTC Protocol on 20 December 2013.

Illicit trade in tobacco products and in particular cigarette smuggling into the EU and within the EU is a criminal activity causing huge losses in revenue for the EU and the Member States in terms of unpaid taxes and customs duties. Estimates indicate more than €10 billion losses of revenue annually to the EU and Member States.

Most of the EU Member States are affected by the illicit tobacco trade, either as points of entry or transit or destination countries. Since the illicit products mostly originate from countries outside the EU, international cooperation, in particular also based on clear legislative procedures, is key to addressing the problem of illicit trade. The FCTC Protocol currently constitutes the only multilateral regulatory initiative in the area .

It is now necessary to approve the Protocol on behalf of the European Union.

CONTENT: under this proposal, the Council is invited to approve, on behalf of the European Union, the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control . The Protocol contains a complex set of measures , rules and policy in the field of fighting illicit trade in tobacco products.

This Decision applies to the provisions of the Protocol which fall within the scope of Title V of Part III of the Treaty on the Functioning of the European Union ( Freedom, Security and Justice).

The Protocol contains:

measures on the definition of unlawful conduct that may be established by the Parties as a non-criminal or a criminal offence, including establishing the liability of both natural and legal persons. The list of unlawful conducts also includes the laundering of proceeds of the unlawful conduct established as a criminal offence. Under Council Framework Decision 2001/500/JHA on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime, Member States shall ensure that certain money laundering offences are sanctioned by criminal penalties; measures on judicial cooperation in criminal matters (mutual legal assistance and extradition); measures on police and customs cooperation in criminal matters.

The United Kingdom, Ireland and Denmark shall not take part in the adoption of the Decision.

In parallel to this proposal, the Commission presented a separate proposal for a Council Decision on the conclusion of the Protocol, on behalf of the European Union, as regards provisions which do not fall under Title V of Part III of the TFEU.

2013/11/18
   CSL - Document attached to the procedure
Documents

Documents

Activities

Votes

A8-0198/2016 - Martina Anderson - approbation

2016/06/07 Outcome: +: 598, 0: 35, -: 25
DE IT FR ES PL RO PT NL CZ BE AT EL BG HU GB SE DK FI HR SK LT IE SI LU EE LV MT CY
Total
90
61
70
44
43
26
20
24
20
19
18
18
17
17
52
18
13
11
11
11
9
9
8
6
6
6
6
5
icon: PPE PPE
190

Denmark PPE

For (1)

1

Finland PPE

2

Luxembourg PPE

3

Estonia PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
169

Netherlands S&D

3

Finland S&D

1

Croatia S&D

2

Ireland S&D

For (1)

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Latvia S&D

1

Malta S&D

3

Cyprus S&D

2
icon: ALDE ALDE
66

Romania ALDE

2

Austria ALDE

For (1)

1

United Kingdom ALDE

1

Croatia ALDE

2

Ireland ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

3
icon: GUE/NGL GUE/NGL
48

Netherlands GUE/NGL

2

Czechia GUE/NGL

2

United Kingdom GUE/NGL

1

Sweden GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Finland GUE/NGL

For (1)

1

Ireland GUE/NGL

3

Cyprus GUE/NGL

2
icon: ECR ECR
57

Italy ECR

2

Netherlands ECR

2

Czechia ECR

2

Greece ECR

For (1)

1

Bulgaria ECR

2
2

Croatia ECR

For (1)

1

Slovakia ECR

2

Latvia ECR

For (1)

1
icon: Verts/ALE Verts/ALE
45

Netherlands Verts/ALE

2

Belgium Verts/ALE

2

Austria Verts/ALE

3

Hungary Verts/ALE

2

United Kingdom Verts/ALE

5

Denmark Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: NI NI
14

Germany NI

For (1)

Against (1)

2

France NI

3

Poland NI

Against (1)

1

Hungary NI

2

United Kingdom NI

Abstain (1)

1
icon: ENF ENF
36

Germany ENF

Against (1)

1

Poland ENF

2

Romania ENF

1

Netherlands ENF

3

Belgium ENF

Abstain (1)

1

United Kingdom ENF

Against (1)

1
icon: EFDD EFDD
33

Germany EFDD

Against (1)

1

France EFDD

1

Poland EFDD

1

Czechia EFDD

Against (1)

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
AmendmentsDossier
13 2015/0100(NLE)
2016/04/25 CONT 13 amendments...
source: 569.712

History

(these mark the time of scraping, not the official date of the change)

docs/0/docs/0/url
Old
http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=15044%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC
New
https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:[%SECTOR]2013[%DESCRIPTOR]15044:EN:NOT
activities
  • date: 2015-05-04T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0193/COM_COM(2015)0193_EN.pdf title: COM(2015)0193 type: Initial legislative proposal published celexid: CELEX:52015PC0193:EN body: EC commission: DG: url: http://ec.europa.eu/dgs/olaf/ title: European Anti-Fraud Office (OLAF) Commissioner: GEORGIEVA Kristalina type: Initial legislative proposal published
  • date: 2016-02-09T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=14387%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 14387/2015 body: EC commission: DG: url: http://ec.europa.eu/dgs/olaf/ title: European Anti-Fraud Office (OLAF) Commissioner: GEORGIEVA Kristalina type: Legislative proposal published
  • date: 2016-04-11T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: CONT date: 2015-11-25T00:00:00 committee_full: Budgetary Control rapporteur: group: EPP name: GRÄSSLE Ingeborg body: EP responsible: False committee_full: Economic and Monetary Affairs committee: ECON body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: False committee_full: International Trade committee: INTA body: EP shadows: group: EPP name: SÓGOR Csaba group: S&D name: FLAŠÍKOVÁ BEŇOVÁ Monika group: ALDE name: HYUSMENOVA Filiz group: Verts/ALE name: LAMBERT Jean responsible: True committee: LIBE date: 2015-07-02T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: GUE/NGL name: ANDERSON Martina
  • date: 2016-05-30T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee: CONT date: 2015-11-25T00:00:00 committee_full: Budgetary Control rapporteur: group: EPP name: GRÄSSLE Ingeborg body: EP responsible: False committee_full: Economic and Monetary Affairs committee: ECON body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: False committee_full: International Trade committee: INTA body: EP shadows: group: EPP name: SÓGOR Csaba group: S&D name: FLAŠÍKOVÁ BEŇOVÁ Monika group: ALDE name: HYUSMENOVA Filiz group: Verts/ALE name: LAMBERT Jean responsible: True committee: LIBE date: 2015-07-02T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: GUE/NGL name: ANDERSON Martina
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0198&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0198/2016 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee: CONT date: 2015-11-25T00:00:00 committee_full: Budgetary Control rapporteur: group: EPP name: GRÄSSLE Ingeborg body: EP responsible: False committee_full: Economic and Monetary Affairs committee: ECON body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: False committee_full: International Trade committee: INTA body: EP shadows: group: EPP name: SÓGOR Csaba group: S&D name: FLAŠÍKOVÁ BEŇOVÁ Monika group: ALDE name: HYUSMENOVA Filiz group: Verts/ALE name: LAMBERT Jean responsible: True committee: LIBE date: 2015-07-02T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: GUE/NGL name: ANDERSON Martina date: 2016-06-02T00:00:00
  • date: 2016-06-07T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0242 type: Decision by Parliament, 1st reading/single reading title: T8-0242/2016 body: EP type: Decision by Parliament, 1st reading/single reading
  • date: 2016-06-17T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2016-06-17T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2016-10-01T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016D1750 title: Decision 2016/1750 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:268:TOC title: OJ L 268 01.10.2016, p. 0006
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docs
  • date: 2013-11-18T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=15044%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 15044/2013 type: Document attached to the procedure body: CSL
  • date: 2016-04-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE580.425 title: PE580.425 type: Committee draft report body: EP
  • date: 2016-05-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE578.763&secondRef=03 title: PE578.763 committee: CONT type: Committee opinion body: EP
events
  • date: 2015-05-04T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0193/COM_COM(2015)0193_EN.pdf title: COM(2015)0193 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=FR&type_doc=COMfinal&an_doc=2015&nu_doc=0193 title: EUR-Lex summary: PURPOSE: to conclude, on behalf of the European Union, the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, in so far as the provisions of the Protocol which fall under Title V of Part III of the Treaty on the Functioning of the European Union are concerned. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: the World Health Assembly adopted in 2003 the Framework Convention on Tobacco Control (FCTC) , which aims at reducing tobacco-related deaths and diseases around the world in a comprehensive manner. The EU concluded the FCTC by Council Decision 2004/513/EC. The EU signed the FCTC Protocol on 20 December 2013. Illicit trade in tobacco products and in particular cigarette smuggling into the EU and within the EU is a criminal activity causing huge losses in revenue for the EU and the Member States in terms of unpaid taxes and customs duties. Estimates indicate more than €10 billion losses of revenue annually to the EU and Member States. Most of the EU Member States are affected by the illicit tobacco trade, either as points of entry or transit or destination countries. Since the illicit products mostly originate from countries outside the EU, international cooperation, in particular also based on clear legislative procedures, is key to addressing the problem of illicit trade. The FCTC Protocol currently constitutes the only multilateral regulatory initiative in the area . It is now necessary to approve the Protocol on behalf of the European Union. CONTENT: under this proposal, the Council is invited to approve, on behalf of the European Union, the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control . The Protocol contains a complex set of measures , rules and policy in the field of fighting illicit trade in tobacco products. This Decision applies to the provisions of the Protocol which fall within the scope of Title V of Part III of the Treaty on the Functioning of the European Union ( Freedom, Security and Justice). The Protocol contains: measures on the definition of unlawful conduct that may be established by the Parties as a non-criminal or a criminal offence, including establishing the liability of both natural and legal persons. The list of unlawful conducts also includes the laundering of proceeds of the unlawful conduct established as a criminal offence. Under Council Framework Decision 2001/500/JHA on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime, Member States shall ensure that certain money laundering offences are sanctioned by criminal penalties; measures on judicial cooperation in criminal matters (mutual legal assistance and extradition); measures on police and customs cooperation in criminal matters. The United Kingdom, Ireland and Denmark shall not take part in the adoption of the Decision. In parallel to this proposal, the Commission presented a separate proposal for a Council Decision on the conclusion of the Protocol, on behalf of the European Union, as regards provisions which do not fall under Title V of Part III of the TFEU.
  • date: 2016-02-09T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=14387%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 14387/2015 summary: PURPOSE: to conclude, on behalf of the European Union, the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: the conclusion of the World Health Organisation (WHO) Framework Convention on Tobacco Control (FCTC) was approved on behalf of the Community by Council Decision 2004/513/EC . The Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO FCTC was signed on 20 December 2013, subject to its conclusion at a later date. By means of legal acts, the Union has established common rules in the areas of the judicial cooperation on criminal matters and the definition of criminal offences. Articles 14, 16, 26, 29 and 30 of the Protocol may affect the common rules or alter their scope. The Protocol should be approved on behalf of the Union as regards matters falling within the Union's competence only insofar as the Protocol may affect such common rules or alter their scope. CONTENT: the proposed Decision seeks the approval, on behalf of the Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO Framework Convention on Tobacco Control . It shall apply to provisions of the Protocol falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (area of freedom, security and justice). The Protocol contains a set of measures and strategies in the field of fighting illicit trade in tobacco products. It represents a significant contribution to the international efforts to eliminate all forms of illicit trade in tobacco products, and thereby fight the circumvention of tax and customs duties obligations and reduce the supply of tobacco products. The Protocol also contributes to the smooth functioning of the internal market for tobacco products whilst ensuring a high level of public health. The United Kingdom and Ireland shall not take part in the adoption of the Decision. For details about the content of the Protocol, please refer to the summary of the Commission’s initial legislative proposal of 4.5.2015.
  • date: 2016-04-11T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2016-05-30T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-06-02T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0198&language=EN title: A8-0198/2016 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Martina ANDERSON (GUE/NGL, UK) on the draft Council decision on the conclusion, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences. The committee recommended the European Parliament to give its consent to the conclusion of the Protocol. In a short justification accompanying the recommendation, Members stated that the World Heath’s Organisation protocol on the Illicit Trade in Tobacco should be immediately ratified by the European Union. Its objective is the elimination of all forms of illicit trade in tobacco products. To recall, the Protocol: targets the supply chain of tobacco products via a series of measures by governments (e.g. creation of a global tracking and tracing regime within five years of entry into force of the Protocol, establishment of a global information sharing point located in the Secretariat of the World Health Organisation Framework Convention on Tobacco Control, creation of national and regional tracking and tracing systems); insists upon additional provisions aimed at addressing the supply chain of illicit tobacco products. These include; licensing, record keeping requirements and regulation of internet-sales, duty-free sales and international transit; establishes offences, address liability and seizure payments as well and the disposal of confiscated products; encourages and enhances international cooperation, valid information sharing, technical and law enforcement cooperation, mutual legal and administrative assistance; outlines particular obligations regarding the tobacco industry. Parties to the Protocol must make each and every interaction with the tobacco industry fully transparent.
  • date: 2016-06-07T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=27309&l=en title: Results of vote in Parliament
  • date: 2016-06-07T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0242 title: T8-0242/2016 summary: The European Parliament adopted by 598 votes to 25, with 35 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences. In line with the recommendation made by the Committee on Civil Liberties, Justice and Home Affairs, Parliament gave its consent to the conclusion of the Protocol. To recall, the conclusion of the World Health Organisation (WHO) Framework Convention on Tobacco Control (FCTC) was approved on behalf of the Community by Council Decision 2004/513/EC . The Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO FCTC was signed on 20 December 2013, subject to its conclusion at a later date. The proposed Decision shall apply to provisions of the Protocol falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (area of freedom, security and justice). The Protocol contains: measures on the definition of unlawful conduct that may be established by the Parties as a non-criminal or a criminal offence, including establishing the liability of both natural and legal persons; measures on judicial cooperation in criminal matters (mutual legal assistance and extradition); measures on police and customs cooperation in criminal matters.
  • date: 2016-06-17T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2016-06-17T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2016-10-01T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to conclude, on behalf of the European Union, the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, in so far as the provisions of the Protocol which fall under Title V of Part III of the Treaty on the Functioning of the European Union are concerned. NON-LEGISLATIVE ACT: Council Decision (EU) 2016/1750 on the conclusion, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences. BACKGROUND: the World Health Assembly adopted in 2003 the Framework Convention on Tobacco Control (FCTC) , which aims at reducing tobacco-related deaths and diseases around the world in a comprehensive manner. The Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO FCTC was signed on 20 December 2013, subject to its conclusion at a later date. The EU concluded the FCTC by Council Decision 2004/513/EC. Illicit trade in tobacco products and in particular cigarette smuggling into the EU and within the EU is a criminal activity causing huge losses in revenue for the EU and the Member States in terms of unpaid taxes and customs duties. Estimates indicate more than €10 billion losses of revenue annually to the EU and Member States. The FCTC Protocol currently constitutes the only multilateral regulatory initiative in the area and it is necessary to approve it on behalf of the European Union. CONTENT: with this Decision, the Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO Framework Convention on Tobacco Control as regards Articles 14, 16, 26, 29 and 30, relating to judicial cooperation in criminal matters and the definition of criminal offences, is hereby approved on behalf of the Union (provisions of the Protocol which fall within the scope of Title V of Part III of the TFEU on Freedom, Security and Justice). Protocol : the Protocol is set out in the annex to the Decision. It contains a complex set of measures, rules and policy in the field of fighting illicit trade in tobacco products. The Protocol contains: measures on the definition of unlawful conduct that may be established by the Parties as a non-criminal or a criminal offence, including establishing the liability of both natural and legal persons. The list of unlawful conducts also includes the laundering of proceeds of the unlawful conduct established as a criminal offence under Council Framework Decision 2001/500/JHA ; measures on judicial cooperation in criminal matters (mutual legal assistance and extradition) as well as measures on police and customs cooperation in criminal matters. Territorial provisions : the United Kingdom, Ireland and Denmark shall not participate in the Decision. ENTRY INTO FORCE: the Decision shall enter into force on 1.10.2016. docs: title: Decision 2016/1750 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016D1750 title: OJ L 268 01.10.2016, p. 0006 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:268:TOC
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  • 3.10.06.09 Industrial plants, tobacco, hops
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  • PURPOSE: to conclude, on behalf of the European Union, the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, in so far as the provisions of the Protocol which fall under Title V of Part III of the Treaty on the Functioning of the European Union are concerned.

    NON-LEGISLATIVE ACT: Council Decision (EU) 2016/1750 on the conclusion, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences.

    BACKGROUND: the World Health Assembly adopted in 2003 the Framework Convention on Tobacco Control (FCTC), which aims at reducing tobacco-related deaths and diseases around the world in a comprehensive manner.

    The Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO FCTC was signed on 20 December 2013, subject to its conclusion at a later date.

    The EU concluded the FCTC by Council Decision 2004/513/EC.

    Illicit trade in tobacco products and in particular cigarette smuggling into the EU and within the EU is a criminal activity causing huge losses in revenue for the EU and the Member States in terms of unpaid taxes and customs duties. Estimates indicate more than €10 billion losses of revenue annually to the EU and Member States.

    The FCTC Protocol currently constitutes the only multilateral regulatory initiative in the area and it is necessary to approve it on behalf of the European Union.

    CONTENT: with this Decision, the Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO Framework Convention on Tobacco Control as regards Articles 14, 16, 26, 29 and 30, relating to judicial cooperation in criminal matters and the definition of criminal offences, is hereby approved on behalf of the Union (provisions of the Protocol which fall within the scope of Title V of Part III of the TFEU on Freedom, Security and Justice).

    Protocol: the Protocol is set out in the annex to the Decision. It contains a complex set of measures, rules and policy in the field of fighting illicit trade in tobacco products.  

    The Protocol contains:

    • measures on the definition of unlawful conduct that may be established by the Parties as a non-criminal or a criminal offence, including establishing the liability of both natural and legal persons. The list of unlawful conducts also includes the laundering of proceeds of the unlawful conduct established as a criminal offence under Council Framework Decision 2001/500/JHA;
    • measures on judicial cooperation in criminal matters (mutual legal assistance and extradition) as well as measures on police and customs cooperation in criminal matters.

    Territorial provisions: the United Kingdom, Ireland and Denmark shall not participate in the Decision.  

    ENTRY INTO FORCE: the Decision shall enter into force on 1.10.2016.

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  • The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Martina ANDERSON (GUE/NGL, UK) on the draft Council decision on the conclusion, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences.

    The committee recommended the European Parliament to give its consent to the conclusion of the Protocol.

    In a short justification accompanying the recommendation, Members stated that the World Heath’s Organisation protocol on the Illicit Trade in Tobacco should be immediately ratified by the European Union. Its objective is the elimination of all forms of illicit trade in tobacco products.

    To recall, the Protocol:

    • targets the supply chain of tobacco products via a series of measures by governments (e.g. creation of a global tracking and tracing regime within five years of entry into force of the Protocol,
    • establishment of a global information sharing point located in the Secretariat of the World Health Organisation Framework Convention on Tobacco Control, creation of national and regional tracking and tracing systems);
    • insists upon additional provisions aimed at addressing the supply chain of illicit tobacco products. These include; licensing, record keeping requirements and regulation of internet-sales, duty-free sales and international transit;
    • establishes offences, address liability and seizure payments as well and the disposal of confiscated products;
    • encourages and enhances international cooperation, valid information sharing, technical and law enforcement cooperation, mutual legal and administrative assistance;
    • outlines particular obligations regarding the tobacco industry. Parties to the Protocol must make each and every interaction with the tobacco industry fully transparent.
activities/5/docs/0/text
  • The European Parliament adopted by 598 votes to 25, with 35 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences.

    In line with the recommendation made by the Committee on Civil Liberties, Justice and Home Affairs, Parliament gave its consent to the conclusion of the Protocol.

    To recall, the conclusion of the World Health Organisation (WHO) Framework Convention on Tobacco Control (FCTC) was approved on behalf of the Community by Council Decision 2004/513/EC. The Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO FCTC was signed on 20 December 2013, subject to its conclusion at a later date.

    The proposed Decision shall apply to provisions of the Protocol falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (area of freedom, security and justice). The Protocol contains:

    • measures on the definition of unlawful conduct that may be established by the Parties as a non-criminal or a criminal offence, including establishing the liability of both natural and legal persons;
    • measures on judicial cooperation in criminal matters (mutual legal assistance and extradition);
    • measures on police and customs cooperation in criminal matters.
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  • PURPOSE: to conclude, on behalf of the European Union, the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

    BACKGROUND: the conclusion of the World Health Organisation (WHO) Framework Convention on Tobacco Control (FCTC) was approved on behalf of the Community by Council Decision 2004/513/EC. The Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO FCTC was signed on 20 December 2013, subject to its conclusion at a later date.

    By means of legal acts, the Union has established common rules in the areas of the judicial cooperation on criminal matters and the definition of criminal offences. Articles 14, 16, 26, 29 and 30 of the Protocol may affect the common rules or alter their scope. The Protocol should be approved on behalf of the Union as regards matters falling within the Union's competence only insofar as the Protocol may affect such common rules or alter their scope.

    CONTENT: the proposed Decision seeks the approval, on behalf of the Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO Framework Convention on Tobacco Control. It shall apply to provisions of the Protocol falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (area of freedom, security and justice).

    The Protocol contains a set of measures and strategies in the field of fighting illicit trade in tobacco products. It represents a significant contribution to the international efforts to eliminate all forms of illicit trade in tobacco products, and thereby fight the circumvention of tax and customs duties obligations and reduce the supply of tobacco products.

    The Protocol also contributes to the smooth functioning of the internal market for tobacco products whilst ensuring a high level of public health.

    The United Kingdom and Ireland shall not take part in the adoption of the Decision.

    For details about the content of the Protocol, please refer to the summary of the Commission’s initial legislative proposal of 4.5.2015.

activities/0/docs/0/text
  • PURPOSE: to conclude, on behalf of the European Union, the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, in so far as the provisions of the Protocol which fall under Title V of Part III of the Treaty on the Functioning of the European Union are concerned.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

    BACKGROUND: the World Health Assembly adopted in 2003 the Framework Convention on Tobacco Control (FCTC), which aims at reducing tobacco-related deaths and diseases around the world in a comprehensive manner. The EU concluded the FCTC by Council Decision 2004/513/EC.

    The EU signed the FCTC Protocol on 20 December 2013.

    Illicit trade in tobacco products and in particular cigarette smuggling into the EU and within the EU is a criminal activity causing huge losses in revenue for the EU and the Member States in terms of unpaid taxes and customs duties. Estimates indicate more than €10 billion losses of revenue annually to the EU and Member States.

    Most of the EU Member States are affected by the illicit tobacco trade, either as points of entry or transit or destination countries. Since the illicit products mostly originate from countries outside the EU, international cooperation, in particular also based on clear legislative procedures, is key to addressing the problem of illicit trade. The FCTC Protocol currently constitutes the only multilateral regulatory initiative in the area.

    It is now necessary to approve the Protocol on behalf of the European Union.

    CONTENT: under this proposal, the Council is invited to approve, on behalf of the European Union, the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control. The Protocol contains a complex set of measures, rules and policy in the field of fighting illicit trade in tobacco products.  

    This Decision applies to the provisions of the Protocol which fall within the scope of Title V of Part III of the Treaty on the Functioning of the European Union (Freedom, Security and Justice).

    The Protocol contains:

    • measures on the definition of unlawful conduct that may be established by the Parties as a non-criminal or a criminal offence, including establishing the liability of both natural and legal persons. The list of unlawful conducts also includes the laundering of proceeds of the unlawful conduct established as a criminal offence. Under Council Framework Decision 2001/500/JHA on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime, Member States shall ensure that certain money laundering offences are sanctioned by criminal penalties;
    • measures on judicial cooperation in criminal matters (mutual legal assistance and extradition);
    • measures on police and customs cooperation in criminal matters.

    The United Kingdom, Ireland and Denmark shall not take part in the adoption of the Decision.

    In parallel to this proposal, the Commission presented a separate proposal for a Council Decision on the conclusion of the Protocol, on behalf of the European Union, as regards provisions which do not fall under Title V of Part III of the TFEU.

activities/0/docs/0/text
  • PURPOSE: to conclude, on behalf of the European Union, the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, in so far as the provisions of the Protocol which fall under Title V of Part III of the Treaty on the Functioning of the European Union are concerned.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

    BACKGROUND: the World Health Assembly adopted in 2003 the Framework Convention on Tobacco Control (FCTC), which aims at reducing tobacco-related deaths and diseases around the world in a comprehensive manner. The EU concluded the FCTC by Council Decision 2004/513/EC.

    The EU signed the FCTC Protocol on 20 December 2013.

    Illicit trade in tobacco products and in particular cigarette smuggling into the EU and within the EU is a criminal activity causing huge losses in revenue for the EU and the Member States in terms of unpaid taxes and customs duties. Estimates indicate more than €10 billion losses of revenue annually to the EU and Member States.

    Most of the EU Member States are affected by the illicit tobacco trade, either as points of entry or transit or destination countries. Since the illicit products mostly originate from countries outside the EU, international cooperation, in particular also based on clear legislative procedures, is key to addressing the problem of illicit trade. The FCTC Protocol currently constitutes the only multilateral regulatory initiative in the area.

    It is now necessary to approve the Protocol on behalf of the European Union.

    CONTENT: under this proposal, the Council is invited to approve, on behalf of the European Union, the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control. The Protocol contains a complex set of measures, rules and policy in the field of fighting illicit trade in tobacco products.  

    This Decision applies to the provisions of the Protocol which fall within the scope of Title V of Part III of the Treaty on the Functioning of the European Union (Freedom, Security and Justice).

    The Protocol contains:

    • measures on the definition of unlawful conduct that may be established by the Parties as a non-criminal or a criminal offence, including establishing the liability of both natural and legal persons. The list of unlawful conducts also includes the laundering of proceeds of the unlawful conduct established as a criminal offence. Under Council Framework Decision 2001/500/JHA on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime, Member States shall ensure that certain money laundering offences are sanctioned by criminal penalties;
    • measures on judicial cooperation in criminal matters (mutual legal assistance and extradition);
    • measures on police and customs cooperation in criminal matters.

    The United Kingdom, Ireland and Denmark shall not take part in the adoption of the Decision.

    In parallel to this proposal, the Commission presented a separate proposal for a Council Decision on the conclusion of the Protocol, on behalf of the European Union, as regards provisions which do not fall under Title V of Part III of the TFEU.

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DG: url: http://ec.europa.eu/dgs/olaf/ title: European Anti-Fraud Office (OLAF) Commissioner: GEORGIEVA Kristalina
committees/0/date
Old
2015-09-24T00:00:00
New
2015-11-25T00:00:00
committees/0/rapporteur/0/mepref
Old
4f1ad952b819f207b300000e
New
4f1ac8a3b819f25efd0000e5
committees/0/rapporteur/0/name
Old
MACOVEI Monica
New
GRÄSSLE Ingeborg
activities/0/docs/0/celexid
CELEX:52015PC0193:EN
committees/0/date
2015-09-24T00:00:00
committees/0/rapporteur
  • group: EPP name: MACOVEI Monica
committees/5/shadows
  • group: S&D name: FLAŠÍKOVÁ BEŇOVÁ Monika
  • group: ALDE name: HYUSMENOVA Filiz
committees/5/date
2015-07-02T00:00:00
committees/5/rapporteur
  • group: GUE/NGL name: ANDERSON Martina
committees/0
body
EP
responsible
False
committee_full
Budgetary Control
committee
CONT
activities/0/docs/0/celexid
CELEX:52015PC0193:EN
activities/0/docs/0/text
  • PURPOSE: to conclude, on behalf of the European Union, the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, in so far as the provisions of the Protocol which fall under Title V of Part III of the Treaty on the Functioning of the European Union are concerned.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

    BACKGROUND: the World Health Assembly adopted in 2003 the Framework Convention on Tobacco Control (FCTC), which aims at reducing tobacco-related deaths and diseases around the world in a comprehensive manner. The EU concluded the FCTC by Council Decision 2004/513/EC.

    The EU signed the FCTC Protocol on 20 December 2013.

    Illicit trade in tobacco products and in particular cigarette smuggling into the EU and within the EU is a criminal activity causing huge losses in revenue for the EU and the Member States in terms of unpaid taxes and customs duties. Estimates indicate more than €10 billion losses of revenue annually to the EU and Member States.

    Most of the EU Member States are affected by the illicit tobacco trade, either as points of entry or transit or destination countries. Since the illicit products mostly originate from countries outside the EU, international cooperation, in particular also based on clear legislative procedures, is key to addressing the problem of illicit trade. The FCTC Protocol currently constitutes the only multilateral regulatory initiative in the area.

    It is now necessary to approve the Protocol on behalf of the European Union.

    CONTENT: under this proposal, the Council is invited to approve, on behalf of the European Union, the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control. The Protocol contains a complex set of measures, rules and policy in the field of fighting illicit trade in tobacco products.  

    This Decision applies to the provisions of the Protocol which fall within the scope of Title V of Part III of the Treaty on the Functioning of the European Union (Freedom, Security and Justice).

    The Protocol contains:

    • measures on the definition of unlawful conduct that may be established by the Parties as a non-criminal or a criminal offence, including establishing the liability of both natural and legal persons. The list of unlawful conducts also includes the laundering of proceeds of the unlawful conduct established as a criminal offence. Under Council Framework Decision 2001/500/JHA on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime, Member States shall ensure that certain money laundering offences are sanctioned by criminal penalties;
    • measures on judicial cooperation in criminal matters (mutual legal assistance and extradition);
    • measures on police and customs cooperation in criminal matters.

    The United Kingdom, Ireland and Denmark shall not take part in the adoption of the Decision.

    In parallel to this proposal, the Commission presented a separate proposal for a Council Decision on the conclusion of the Protocol, on behalf of the European Union, as regards provisions which do not fall under Title V of Part III of the TFEU.

activities
  • date: 2015-05-04T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0193/COM_COM(2015)0193_EN.pdf title: COM(2015)0193 type: Legislative proposal published celexid: CELEX:52015PC0193:EN body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/dgs/olaf/ title: European Anti-Fraud Office (OLAF) Commissioner: GEORGIEVA Kristalina
committees
  • body: EP responsible: False committee_full: Economic and Monetary Affairs committee: ECON
  • body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI
  • body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: False committee_full: International Trade committee: INTA
  • body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
other
  • body: EC dg: url: http://ec.europa.eu/dgs/olaf/ title: European Anti-Fraud Office (OLAF) commissioner: GEORGIEVA Kristalina
procedure
reference
2015/0100(NLE)
title
World Health Organisation (WHO) Framework Convention on Tobacco Control: Protocol to Eliminate Illicit Trade in Tobacco Products. Provisions which fall under Title V of Part III of the TFEU
legal_basis
stage_reached
Preparatory phase in Parliament
subtype
Consent by Parliament
type
NLE - Non-legislative enactments
subject