Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
SÓGOR Csaba ( PPE),
BEŇOVÁ Monika ( S&D),
HYUSMENOVA Filiz ( ALDE),
LAMBERT Jean ( Verts/ALE)
|
|
| Committee Opinion | ENVI | ||
| Committee Opinion | ECON | ||
| Committee Opinion | IMCO | ||
| Committee Opinion | INTA | ||
| Committee Opinion | CONT |
GRÄSSLE Ingeborg ( PPE)
|
Nedzhmi ALI ( ALDE),
Gilles PARGNEAUX ( S&D),
Marco VALLI ( EFDD)
|
Lead committee dossier:
Legal Basis:
TFEU 082-p1, TFEU 083-p2, TFEU 087-p2, TFEU 218-p6a
Legal Basis:
TFEU 082-p1, TFEU 083-p2, TFEU 087-p2, TFEU 218-p6aSubjects
Events
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.
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.
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.
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.
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.
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.
Documents
- Final act published in Official Journal: Decision 2016/1750
- Final act published in Official Journal: OJ L 268 01.10.2016, p. 0006
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0242/2016
- Committee report tabled for plenary, 1st reading/single reading: A8-0198/2016
- Committee opinion: PE578.763
- Committee draft report: PE580.425
- Legislative proposal: 14387/2015
- Legislative proposal published: 14387/2015
- Preparatory document: COM(2015)0193
- Preparatory document: EUR-Lex
- Document attached to the procedure: 15044/2013
- Document attached to the procedure: 15044/2013
- Legislative proposal: 14387/2015
- Committee draft report: PE580.425
- Committee opinion: PE578.763
Activities
- Louis ALIOT
- Marina ALBIOL GUZMÁN
- Jean ARTHUIS
- Marie-Christine ARNAUTU
- Jonathan ARNOTT
- Zoltán BALCZÓ
- Zigmantas BALČYTIS
- Hugues BAYET
- Xabier BENITO ZILUAGA
- José BLANCO LÓPEZ
- Marie-Christine BOUTONNET
- Renata BRIANO
- Steeve BRIOIS
- Nicola CAPUTO
- Salvatore CICU
- Alberto CIRIO
- Jane COLLINS
- Javier COUSO PERMUY
- Edward CZESAK
- Rachida DATI
- Mireille D'ORNANO
- Norbert ERDŐS
- Georgios EPITIDEIOS
- Edouard FERRAND
- Lorenzo FONTANA
- Doru-Claudian FRUNZULICĂ
- Francisco de Paula GAMBUS MILLET
- Elena GENTILE
- Arne GERICKE
- Tania GONZÁLEZ PEÑAS
- Antanas GUOGA
- Takis HADJIGEORGIOU
- Brian HAYES
- Marian HARKIN
- Carlos ITURGAIZ
- Cătălin Sorin IVAN
- Petr JEŽEK
- Ivan JAKOVČIĆ
- Philippe JUVIN
- Barbara KAPPEL
- Afzal KHAN
- Giovanni LA VIA
- Marine LE PEN
- Paloma LÓPEZ BERMEJO
- Svetoslav Hristov MALINOV
- Vladimír MAŇKA
- Ivana MALETIĆ
- Andrejs MAMIKINS
- Notis MARIAS
- Valentinas MAZURONIS
- Jean-Luc MÉLENCHON
- Miroslav MIKOLÁŠIK
- Louis MICHEL
- Bernard MONOT
- Marlene MIZZI
- Sophie MONTEL
- József NAGY
- Franz OBERMAYR
- Margot PARKER
- Florian PHILIPPOT
- Marijana PETIR
- Andrej PLENKOVIĆ
- Salvatore Domenico POGLIESE
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- Robert ROCHEFORT
- Liliana RODRIGUES
- Claude ROLIN
- Fernando RUAS
- Lola SÁNCHEZ CALDENTEY
- Remo SERNAGIOTTO
- Maria Lidia SENRA RODRÍGUEZ
- Branislav ŠKRIPEK
- Monika SMOLKOVÁ
- Davor ŠKRLEC
- Csaba SÓGOR
- Beatrix von STORCH
- Patricija ŠULIN
- Neoklis SYLIKIOTIS
- Eleftherios SYNADINOS
- Tibor SZANYI
- Dubravka ŠUICA
- Pavel TELIČKA
- Mihai ŢURCANU
- Mylène TROSZCZYNSKI
- Kazimierz Michał UJAZDOWSKI
- Derek VAUGHAN
- Miguel VIEGAS
- Pablo ZALBA BIDEGAIN
Votes
A8-0198/2016 - Martina Anderson - approbation #
GUE/NGL
ECR
NI
ENF| Amendments | Dossier |
| 13 |
2015/0100(NLE)
2016/04/25
CONT
13 amendments...
Amendment 1 #
Draft opinion Recital C a (new) Ca. whereas, under the terms of these multiannual agreements, these manufacturers must pay a collective total of more than EUR 2 billion to the EU and to the Member States that are parties to the agreements, in support of measures to combat smuggling and counterfeiting;
Amendment 10 #
Draft opinion Paragraph 10 b (new) 10b. Calls on the Commission to consider introducing sanctions providing for the withdrawal of banking licences for banks that play an active role in the laundering of money from the illicit trade in tobacco products or from tax avoidance in this sector;
Amendment 11 #
Draft opinion Paragraph 11 11. Regrets that the management of the
Amendment 12 #
Draft opinion Paragraph 11 a (new) 11a. Regrets that the Member States have not been required to state how they have assigned revenue from the tobacco agreements; is disappointed that all the data relating to seizures of counterfeit and/or illegal material have been made confidential and are not accessible to the public;
Amendment 13 #
Draft opinion Paragraph 13 13. Urges the Commission and the Member States to put in place
Amendment 2 #
Draft opinion Recital E E. whereas the Protocol will
Amendment 3 #
Draft opinion Recital E a (new) Ea. notes that 16 countries have ratified the WHO FCTC Protocol so far, including 5 Member States;
Amendment 4 #
Draft opinion Paragraph 6 6. Recalls that the tracking and tracing obligations in the Tobacco Products Directive will create a world standard on tracking and tracing; urges the Commission, therefore, to ensure that an open and independent standard, rather than a monopoly, is created in which all tailor-made systems could be integrated, provided that they comply with the obligations set out in the Tobacco Products Directive and the WHO FCTC Protocol; attaches great importance to this point for the future success of an independent track
Amendment 5 #
Draft opinion Paragraph 8 8. Calls on the Commission to
Amendment 6 #
Draft opinion Paragraph 9 9. Notes that
Amendment 7 #
Draft opinion Paragraph 10 10. Points out that since the conclusion of the tobacco agreements the seizure of genuine products of the four manufactures has fallen; notes that this reduction did not lead to an overall reduction of illicit products on the Union market as the share of the Member States' markets taken by illegal cheap whites cigarettes predominantly from non-Union countries increased and these countries may not ratify the Protocol; calls, therefore, on the Commission to come forward with an Action Plan before the end of 2016 of new measures to tackle this problem as a matter of urgency; stresses the need to take into account lessons learned from the EU Strategy of June 2013 in the fight against illicit tobacco trade, which, as seen the impact assessment of 24 February 20161a, did not fully achieve its objectives; __________________ 1aCommission staff working document, Technical assessment of the experience made with the Anti-Contraband and Anti- Counterfeit Agreement and General Release of 9 July 2004 among Philip Morris International and affiliates, the Union and its Member States, SWD(2016) 44 final.
Amendment 8 #
Draft opinion Paragraph 10 a (new) 10a. Urges the Commission to focus all its efforts on convincing eastern European countries to sign and ratify the Protocol;
Amendment 9 #
Draft opinion Paragraph 10 a (new) 10a. Is concerned about the new smuggling routes and the involvement of criminal organisations in the management of this unlawful trade; calls on the Commission to provide for harmonisation of the legislation concerning organised crime, and considers it vital to increase cooperation among Member States through an automatic data exchange system; calls on the Commission to include, in its annual report on the protection of the EU’s financial interests, data concerning any seizures carried out, and to propose a comprehensive policy to combat criminal organisations operating in the sector of the illicit trade in tobacco products;
source: 569.712
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