21 Amendments of Sebastian Valentin BODU related to 2012/0366(COD)
Amendment 63 #
Proposal for a directive
Recital 11
Recital 11
(11) In relation to the fixing of maximum yields, it might be necessary and appropriate at a later date to adapt the yields fixed or to fix maximum thresholds for emissions, taking into consideration scientific development and standards generally agreed to assess their toxicity or addictiveness.
Amendment 80 #
Proposal for a directive
Recital 38
Recital 38
(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methodthe measurement methods for emissions, setting maximum levels for ingredients that increase toxicity, addictiveness or attraddictiveness, , the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 84 #
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
Amendment 87 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 88 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 102 #
Proposal for a directive
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
Amendment 109 #
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
Amendment 123 #
Proposal for a directive
Article 14 – paragraph 2 – point g
Article 14 – paragraph 2 – point g
Amendment 124 #
Proposal for a directive
Article 14 – paragraph 2 – point h
Article 14 – paragraph 2 – point h
Amendment 125 #
Proposal for a directive
Article 14 – paragraph 2 – point i
Article 14 – paragraph 2 – point i
(i) the actual shipment route from manufacturing to the first retail outletclient (buyer), including all warehouses used;
Amendment 126 #
Proposal for a directive
Article 14 – paragraph 2 – point j
Article 14 – paragraph 2 – point j
(j) the identity of all purchasers from manufacturing to the first retail outletclient (buyer);
Amendment 127 #
Proposal for a directive
Article 14 – paragraph 2 – point k
Article 14 – paragraph 2 – point k
(k) the invoice, order number and payment records of all purchasers from manufacturing to the first retail outletclient (buyer).
Amendment 128 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outletfirst client (buyer), record the entry of all unit packets into their possession, as well as all intermediate movements and the final exit from their possession. This obligation can be fulfilled by recording in aggregated form, e.g. of outside packaging, provided that tracking and tracing of unit packets remains possible.
Amendment 129 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall ensure that manufacturers of tobacco products provide all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outletfirst client (buyer), including importers, warehouses and transporting companies with the necessary equipment allowing for the recording of the tobacco products purchased, sold, stored, transported or otherwise handled. The equipment shall be able to read and transmit the data electronically to a data storage facility pursuant to paragraph 6.
Amendment 130 #
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Member States shall ensure that manufacturers and importers of tobacco products conclude data storage contracts with an independent third party, which shall host the data storage facility for data relating to the manufacturer and importer concerned. The data storage facility shall be physically located and accessible on the territory of the Union. The suitability of the third party, in particular its independence and technical capacities, as well as the contract, shall be approved and monitored by an external auditor, who is proposed and paid by the tobacco manufacturer and approved by the Commission. Member States shall ensure full transparency and accessibility of the data storage facilities for the competent authorities of the Member States, the Commission and the independent third party on a permanent basis. In duly justified cases Member States or the Commission can provide manufacturers or importers access to this information, provided commercially sensitive information remains adequately protected in conformity with the relevant national and Union legislations.
Amendment 132 #
Proposal for a directive
Article 14 – paragraph 8
Article 14 – paragraph 8
8. In addition to the unique identifier, Member States shall require that all unit packets of tobacco products which are placed on the market carry a visible, tamper proof security feature of at least 1 cm², which shall be irremovably printed or affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or other elements mandated by legislation.
Amendment 133 #
Proposal for a directive
Article 14 – paragraph 9 – point c
Article 14 – paragraph 9 – point c
(c) to define the technical standards for the security feature and their possible rotation and to adapt them to scientific, market and technical development. Delegated acts shall be based on current practices, technologies and commercial uses and shall consider international accepted standards for tracking, tracing and authentication of fast moving consumer goods, including provision of the WHO FCTC Protocol to Eliminate Illicit Trade in Tobacco Products.
Amendment 141 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Novel tobacco products placed on the market shall respect the requirements set out in this Directive. The provisions applicable depend on whether the products fall under the definition of smokeless tobacco product in point (29) of Article 2 or tobacco for smoking in point (33) of Article 2. Nonetheless, novel tobacco products which, based on the information provided in accordance with this Article, are less harmful than cigarettes are exempted from the provision of the Article 12 paragraph 1 letter (b).
Amendment 163 #
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 164 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The delegation of powers 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) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 165 #
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. A delegated act pursuant to 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 enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.