54 Amendments of Gaston FRANCO related to 2012/0366(COD)
Amendment 32 #
Proposal for a directive
Recital 15
Recital 15
(15) The likelihood of diverging regulation is further increased by concerns over tobacco products, including smokeless tobacco products, having a characterising flavour other than tobacco and menthol, which may facilitate uptake of tobacco consumption or affect consumption patterns. For example, in many countries, sales of mentholated products gradually increased even as smoking prevalence overall declined. A number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people. Measures introducing unjustified differences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoided36 .
Amendment 44 #
Proposal for a directive
Recital 18
Recital 18
(18) Considering the Directive's focus on young people, tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco 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. The Commission should carefully monitor the use of water-pipe tobacco by young people as there is increasing evidence of their use beyond the traditional, older market;
Amendment 99 #
Proposal for a directive
Recital 15
Recital 15
(15) The likelihood of diverging regulation is further increased by concerns over tobacco products, including smokeless tobacco products, having a characterising flavour other than tobacco and menthol, which may facilitate uptake of tobacco consumption or affect consumption patterns. For example, in many countries, sales of mentholated products gradually increased even as smoking prevalence overall declined. A number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people. Measures introducing unjustified differences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoided .
Amendment 101 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘characterising flavour’ means a distinguishable aroma or taste other than tobacco, resulting from an additive or combination of additives, including but not limited towith the exception of menthol, including fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;
Amendment 116 #
Proposal for a directive
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18a) ‘reconstituted tobacco’ means the result of the enhancement of different parts of the tobacco plant from threshing and the manufacture of tobacco products, used as sheets or individual strands as a component of the tobacco blend for cigarettes and other tobacco products
Amendment 119 #
Proposal for a directive
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23a) "Tobacco products with lower risk" means a tobacco product that is designed and marketed to reduce the risks of smoking compared to conventional tobacco products, especially cigarettes, which is placed on the market after the entry into force of this Directive.
Amendment 186 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall prohibit the use of characterising flavourings in the components of tobacco products such as filters, papers, packages, capsules or any technical features allowing modification of flavour or smoke intensity. Filters and capsules shall not contain tobacco.
Amendment 188 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall prohibit the use of flavourings in the components of tobacco products such as filters, papers, packages, capsules or any technical features allowing modification of flavour or smoke intensity. Filters and capsules shall not contain tobaccoDoes not affect English. (Linguistic correction to French).
Amendment 191 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. This shall not apply to technical measures intended to decrease specific harmful components of smoke or enhance the biodegradability of tobacco.
Amendment 207 #
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, and roll-your-own tobacco and smokeless tobacco products 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.
Amendment 216 #
Proposal for a directive
Recital 38
Recital 38
Amendment 240 #
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) Member States shall supplement the legal provisions of this Directive with any measures to protect the health of European citizens. The gradual harmonisation of the taxation of tobacco products in the Union and information campaigns in the media and for young people in educational institutions are two essential tools in protecting young people against the dangers of smoking.
Amendment 281 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘characterising flavour’ means a distinguishable aroma or taste other than tobacco, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;. Traditional tobacco products flavours such as menthol are not considered to be characterising flavours.
Amendment 300 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 308 #
Proposal for a directive
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18a) ‘reconstituted tobacco’: result of the enhancement of different parts of the tobacco plant from threshing and the manufacture of tobacco products, used as sheets or individual strands as a component of the tobacco blend for cigarettes and other tobacco products;
Amendment 313 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 317 #
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
Amendment 358 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 376 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 384 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall oblige retail outlets intending to engage in cross-border distance sales to consumers located in the Union to register with the competent authorities in the Member State where the retail outlet is established and in the Member State where the actual or potential consumer is located. Retail outlets established outside the Union have to register with the competent authorities in the Member State where the actual or potential consumer is located. All retail outlets intending to engage in cross- border distance sales shall submit at least the following information to the competent authorities:prohibit cross- border distance sales.
Amendment 385 #
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 386 #
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 387 #
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 388 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 389 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 390 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 391 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 392 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16a Cross-border sales of tobacco products The maximum quantity of products imported from another Member State may be set for all tobacco products covered under this Directive. This ceiling shall be set by each Member States using the method of calculation which it regards as most appropriate (for example per person, per type of vehicle, an overall quantity covering several tobacco products).
Amendment 402 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 408 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 411 #
Proposal for a directive
Article 18
Article 18
Amendment 502 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 534 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall prohibit the use of flavourings in the components of tobacco products such as filters, papers, packages, capsules or any technical features allowing modification of flavour or smoke intensity. Filters and capsules shall not contain tobaccoDoes not affect English. text. Linguistic correction to French.
Amendment 537 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5 a. Technical features aiming to reduce some harmful components of smoke are not affected.
Amendment 554 #
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 562 #
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
Amendment 623 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 733 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 783 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 808 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 899 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 916 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 998 #
Proposal for a directive
Article 14 – paragraph 9
Article 14 – paragraph 9
Amendment 1045 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. A Member State may, for public health reasons, impose restrictions on imports of tobacco for personal use. A Member State must be able to apply such restrictions in particular when the price in the Member State where the product is purchased is significantly lower than the price in the Member State of origin or if the health warnings are not in its official language(s).
Amendment 1108 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Cross-border sales of tobacco products Article 16a Cross-border sales of tobacco products A ceiling on the import of products from another Member State shall be set for each of the tobacco products covered by this Directive. This ceiling shall be set by each Member States using the method of calculation which it regards as most appropriate (for example per person, per type of vehicle, an overall quantity covering several tobacco products).
Amendment 1113 #
Proposal for a directive
Article 17 – title
Article 17 – title
Notification of novel tobacco products and potentially less harmful products
Amendment 1124 #
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall require that manufacturers and importers of tobacco products notify the competent authorities of Member States of any novel tobacco product they intend to place on the markets of the Member States concerned as well as for products which they intend to claim potentially reduced harm or reduced risk compared to regular tobacco products based on scientific evidence. The notification shall be submitted in electronic form six months before the intended placing on the market and shall be accompanied by a detailed description of the product in question as well as information on ingredients and emissions in accordance with Article 5. The manufacturers and importers notifying a novel tobacco product shall also provide the competent authorities in question with:
Amendment 1131 #
Proposal for a directive
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(c a) Member States shall be entitled to issue specific rules for products which they intend to claim potentially reduced harm or reduced risk that may deviate from the requirements of this Directive, and shall notify such rules to the Commission.
Amendment 1210 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 1241 #
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 1265 #
Proposal for a directive
Article 22
Article 22
Amendment 1352 #
Proposal for a directive
Annex 1 – point 14 a (new)
Annex 1 – point 14 a (new)
(14 a) Smoking in presence of children can cause sudden infant death
Amendment 1354 #
Proposal for a directive
Annex 1 – point 14 b (new)
Annex 1 – point 14 b (new)
(14 b) Smoking during pregnancy causes premature birth
Amendment 1355 #
Proposal for a directive
Annex 1 – point 14 c (new)
Annex 1 – point 14 c (new)
(14 c) Children that are forced to smoke passive are more vulnerable to asthma and meningitis