BETA

39 Amendments of Monika HOHLMEIER related to 2012/0366(COD)

Anja WEISGERBER, Andreas SCHWAB, Jürgen CREUTZMANN, Monika HOHLMEIER

Proposal for a directive
Recital 18

(18) Considering the Directive's focus on young people, tobacco products other than cigarettes, roll-your-own tobacco and ~~smokeless tobacco~~tobacco for oral use which are mainly consumed by older consumers, should 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~~.

2013/05/08
Committee: IMCO

Anja WEISGERBER, Karl-Heinz FLORENZ, Monika HOHLMEIER, Renate SOMMER, Holger KRAHMER

Proposal for a directive
Recital 18

(18) Considering the Directive's focus on young people, tobacco products other than cigarettes, roll-your-own tobacco and ~~smokeless tobacco~~tobacco for oral use which are mainly consumed by older consumers, should 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~~.

2013/05/29
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Recital 21

(21) Adaptation of the labelling provisions is also necessary to align the rules at Union level with international developments. For example the guidelines on Article 11 FCTC call for large picture warnings on both principal display areas, mandatory cessation information and strict rules on misleading information. The provisions on misleading information will complement the general ban onThe provisions on misleading information will complement the existing appropriate and comprehensive guidelines on preventing misleading business to consumer commercial practices laid down in Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market.

2013/05/29
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Recital 25

(25) Member States apply different rules on minimum number of cigarettes per packet. Those rules should be aligned in order to ensure free circulation of the concerned products. It is absolutely essential that the common internal market should not be impeded by a multitude of specific national rules;

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Recital 26

(26) Considerable volumes of illicit products, which do not comply with the requirements laid down in Directive 2001/37/EC, are placed on the market and indications are that these volumes might increase. Such products undermine the free circulation of compliant products and the protection provided for by tobacco control legislations. In addition, the FCTC obliges the Union to fight against illicit products, as part of a comprehensive tobacco control policy. Provision should thus be made for unit packets of tobacco products to be marked in a unique and secure way and their movements to be recorded so that these products can be tracked and traced in the Union and their compliance with this Directive can be monitored and better enforced. In addition, ~~provision should be made for the introduction of security features that will facilitate the verification of whether or not products are authentic.~~both cigarette packaging and the cigarettes themselves should carry tamper proof features to prevent piracy and the increased health risk to consumers posed by counterfeit cigarettes;

2013/05/14
Committee: ENVI

Anja WEISGERBER, Andreas SCHWAB, Jürgen CREUTZMANN, Monika HOHLMEIER

Proposal for a directive
Article 6 – paragraph 10

10. Tobacco products other than cigarettes, roll-your-own tobacco and ~~smokeless tobacco products~~tobacco for oral use shall 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.

2013/05/08
Committee: IMCO

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Recital 38

(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methods, setting maximum levels for ingredients that increase toxicity, addictiveness or attractiveness, the 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.deleted

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Recital 45

(45) The proposal affects several fundamental rights as laid down in the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom of expression and information (Article 11), freedom of economic operators to conduct business (Article 16), and the right to property ~~(Article 17). T~~for trademark holders (Article 17). It is therefore necessary to ensure that the obligations imposed on manufacturers, importers and distributors of tobacco products ~~are necessary to improve the functioning of the internal market while ensuring a high level of health and consumer protection as set out in Articles 35 and 38 of the Charter of F~~not only guarantee a high level of health and consumer protection, but also protect all other fundamental Rrights ~~of the European Union~~and are proportionate with respect to the functioning of the internal market. The application of this Directive should respect the EU law and relevant international obligations.

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 2 – paragraph 1 – point 8

(8) '‘cigarillo' means a small, slim type of cigar ~~with a diameter of up to 8 mm~~;

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 3 – paragraph 2

~~2. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 22 to adapt the maximum yields laid down in paragraph 1, taking into account scientific development and internationally agreed standards.~~

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 5 – paragraph 3

3. The Commission shall, by means of implementing acts, lay down and if necessary update the format for the submission and dissemination of the information specified in paragraphs 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.deleted

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 5 – paragraph 4

4. Member States shall require manufacturers and importers to submit internal and external studies available to them on market research and preferences of various consumer groups, including young people, relating to ingredients and emissions. Member States shall also require manufacturers and importers to report the sales volume data per product, reported in sticks or kilograms, and per Member State on a yearly basis starting from the full calendar year following that of the entry into force of this Directive. Member States shall provide alternative or additional sales data, as appropriate, to ensure that information on sales volume requested under this paragraph is reliable and complete.deleted

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 5 – paragraph 5

5. All data and information to be provided to and by Member States under this Article shall be provided in electronic form. Member States shall store the information electronically and shall ensure that the Commission has access to the information at all times. Other Member States shall have access to this information upon justified request. Member States and the Commission shall ensure that trade secrets and other confidential information are treated in a confidential manner.deleted

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1

~~Member States shall prohibit the placing on the market of tobacco products with a characterising flavour.~~deleted

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2

Member States shall not prohibit the use of additives which are essential for the manufacture of tobacco products~~, as long as the additives do not result in a product with a characterising flavour~~.

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 3

~~Member States shall notify to the Commission measures taken pursuant to this paragraph.~~deleted

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1

The Commission shall at the request of a Member State or may on its own initiative determine by means of implementing acts whether a tobacco product falls within the scope of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.deleted

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2

The Commission shall adopt by means of implemeting acts uniform rules on the procedures for determining whether a tobacco product falls within the scope of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.deleted

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 6 – paragraph 8

8. The Commission shall at the request of a Member State or may on its own initiative determine by means of an implementing act whether a tobacco product falls within the scope of paragraph 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21 and shall be based on the latest scientific evidence.deleted

2013/05/14
Committee: ENVI

Anja WEISGERBER, Karl-Heinz FLORENZ, Monika HOHLMEIER, Renate SOMMER, Holger KRAHMER

Proposal for a directive
Article 6 – paragraph 10

10. Tobacco products other than cigarettes, roll-your-own tobacco and ~~smokeless tobacco products~~tobacco for oral use shall 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.

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 7 – paragraph 4

4. Member States shall ensure that the health warnings ofn the ~~main surface~~principal field of vision of the unit packet and any outside packaging are fully visible, including not being partially or totally hidden or interrupted by wrappers, pouches, jacket, boxes or other devices when tobacco products are placed on the market.

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 8 – paragraph 3

3. For cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets. ~~These warnings shall have a width of not less than 20 mm and a height of not less than 43 mm.~~ For roll-your-own tobacco the information message shall be printed on the outer surface that ~~becomes~~appears in the principal field of visi~~ble~~on when opening the unit packet. Both the general warning and the information message shall together cover 50% of the surface on which they are printed.

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 8 – paragraph 4

~~4. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22 to: (a) to adapt the wording of the health warnings laid down in paragraphs 1 and 2 to scientific and market developments; (b) to define the position, format, layout and design of the health warnings laid down in this Article, including their font type and background colour.

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 9 – paragraph 1 – introductory part

1. Each unit packet and any outside packaging of tobacco for smoking shall carry ~~combined~~ health warnings. ~~The combined health warnings shall:~~

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 9 – paragraph 1 – point a

(a) be comprised of a text warning listed in Annex I ~~and a corresponding colour photograph specified in the picture library~~;

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 9 – paragraph 1 – point c

(c) cover 7540 % of the external area of both the front and back surface of the unit packet and any outside packaging;

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 9 – paragraph 1 – point d

(d) show the same text warning ~~and corresponding colour photograph~~ on both sides of the unit packets and any outside packaging;

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 9 – paragraph 1 – point f

~~(f) be reproduced in accordance with the format, layout, design and proportions specified by the Commission pursuant to paragraph 3;~~deleted

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 9 – paragraph 1 – point g

~~(g) for unit packets of cigarettes, respect the following dimensions: (i) height: not less than 64 mm; (ii) width: not less than 55 mm.~~deleted

2013/05/14
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 9 – paragraph 2

2. The ~~combined~~ health warnings shall be divided into three sets rotating on an annual basis. Member States shall ensure that each ~~combined~~ health warning is displayed as nearly as possible on equal numbers of each brand.

2013/05/21
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 9 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22 to: (a) adapt the text warnings listed in Annex I to this Directive taking into account scientific and technical developments; (b) establish and adapt the picture library referred to in point (a) of paragraph 1 of this Article taking into account scientific and market developments; (c) define the position, format, layout, design, rotation and proportions of the health warnings; (d) by way of derogation from Article 7(3), lay down the conditions under which health warnings may be broken during unit packet opening in a manner that ensures the graphical integrity and visibility of the text, photographs and cessation information.

2013/05/21
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1

Tobacco for smoking other than cigarettes and roll-your-own tobacco shall 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).

2013/05/21
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2

The general warning shall be printed on ~~the most visible surface of the unit packet and any outside packaging~~one of the principal fields of vision on the outside packaging. Alternatively, the warning may be affixed in the form of a label, provided that the label cannot be removed. The text warnings listed in Annex I shall be rotated in such a way as to guarantee their regular appearance. These warnings shall be printed on the other ~~most visible surface of the unit packet and any~~principal field of vision on the outside packaging.

2013/05/21
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 10 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 22, to withdraw the exemption laid down in paragraph 1 if there is a substantial change of circumstances as established in a Commission report.~~

2013/05/21
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 11 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 22 to adapt the requirements in paragraphs 1 and 2 taking into account scientific and market developments.~~

2013/05/21
Committee: ENVI

Renate SOMMER, Herbert REUL, Monika HOHLMEIER

Proposal for a directive
Article 12 – paragraph 1 – point b

(b) suggests that a particular tobacco product is less harmful than others or has vitalising, energetic, healing, rejuvenating, natural, organic or otherwise positive health ~~or social~~ effects;

2013/05/21
Committee: ENVI

Renate SOMMER, Herbert REUL, Monika HOHLMEIER

Proposal for a directive
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~~of the unit packet and any outside packaging are stickers which can be removed (not tax stamps), inserts or other additional material, 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~~.

2013/05/21
Committee: ENVI

Renate SOMMER, Herbert REUL, Peter LIESE, Monika HOHLMEIER, Elmar BROK

Proposal for a directive
Article 13 – paragraph 3

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to define more detailed rules for the shape and size of unit packets in so far as these rules are necessary to ensure the full visibility and integrity of the health warnings shall be ensured before the first opening, during the opening and after reclosing of the unit packet.

2013/05/21
Committee: ENVI

Renate SOMMER, Monika HOHLMEIER

Proposal for a directive
Article 13 – paragraph 4

~~4. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22 to make either cuboid or cylindric shape mandatory for unit packets of tobacco products other than cigarettes and roll-your-own tobacco if there is a substantial change of circumstances as established in a Commission report.

2013/05/21
Committee: ENVI