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2015/0101(NLE) World Health Organisation (WHO) Framework Convention on Tobacco Control: Protocol to Eliminate Illicit Trade in Tobacco Products. Provisions which do not fall under Title V of Part III of the TFEU

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead INTA SZEJNFELD Adam (icon: PPE PPE) GUTIÉRREZ PRIETO Sergio (icon: S&D S&D), MCCLARKIN Emma (icon: ECR ECR), CHARANZOVÁ Dita (icon: ALDE ALDE), BUCHNER Klaus (icon: Verts/ALE Verts/ALE)
Committee Opinion ENVI
Committee Opinion IMCO
Committee Opinion ECON
Lead committee dossier:
Legal Basis:
TFEU 033, TFEU 113, TFEU 114, TFEU 207, TFEU 218-p6a, TFEU 218-p8-a2

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 do not fall under Title V of Part III of the Treaty on the Functioning of the European Union (TFEU) are concerned.

NON-LEGISLATIVE ACT: Council Decision (EU) 2016/1749 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, with the exception of its provisions falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union.

CONTENT: the Council Decision approves, on behalf of the 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 do not fall under Title V of Part III of the Treaty on the Functioning of the European Union (TFEU) are concerned (Freedom, Security and Justice).

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

The Protocol 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 Protocol:

aims to make the supply chain of tobacco, tobacco products and manufacturing equipment secure by establishing a global tracking and tracing system; contains provisions to ensure control include licencing, record keeping requirements, regulation of Internet- sales, duty-free sales and international transit; establishes offences, addresses liability and seizure payments as well as the disposal of confiscated products; aims to boost international cooperation including through mutual administrative assistance in customs matters.

ENTRY INTO FORCE: 1.10.2016.

Documents
Decision 2016/1749
OJ L 268 01.10.2016, p. 0001
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
Documents
Results of vote in Parliament
2016/06/07
   EP - Decision by Parliament
Details

The European Parliament adopted by 608 votes to 11, with 14 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, with the exception of its provisions falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union.

In line with the recommendation made by the Committee on International Trade, Parliament gave its consent to the conclusion of the Agreement.

The Protocol to Eliminate Illicit Trade in Tobacco Products (FCTC Protocol) was adopted by the Conference of the Parties on 12 November 2012 in Seoul and contains a complex set of measures, rules and policy in the field of fighting illicit trade in tobacco products.

The Protocol:

aims to make the supply chain of tobacco, tobacco products and manufacturing equipment secure by establishing a global tracking and tracing system; contains provisions to ensure control include licencing, record keeping requirements, regulation of Internet- sales, duty-free sales and international transit; establishes offences, addresses liability and seizure payments as well as the disposal of confiscated products; aims to boost international cooperation including through mutual administrative assistance in customs matters.

Documents
T8-0238/2016
2016/04/27
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on International Trade adopted the report by Adam SZEJNFELD (EPP, PL) 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, with the exception of its provisions falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union.

The committee recommended that the European Parliament should give its consent to the conclusion of the Agreement.

To recall, the World Health Organisation's Framework Convention on Tobacco Control (FCTC) is the first global health treaty. It was developed in response to the global tobacco epidemic and aims to tackle some of its causes, including illicit trade in tobacco products. It entered into force on 27 February 2005 and there are currently 180 Parties to the Convention.

The Protocol to Eliminate Illicit Trade in Tobacco Products (FCTC Protocol) is based on Article 15 of the FCTC and was adopted by the Conference of the Parties on 12 November 2012 in Seoul. This Protocol currently constitutes the only multilateral regulatory initiative in the area. The EU signed the FCTC Protocol on 20 December 2013. The Protocol needs to be ratified by 40 parties for it to enter into force and its ratification without delay by the European Union (and its Member States) would significantly contribute to the swift entry into force and implementation of the FCTC Protocol.

In a short justification which accompanies the report, it is recalled that illicit trade in tobacco products, in particular cigarette smuggling is a criminal activity posing a serious threat to public health and causes huge losses of revenue to the EU in terms of unpaid taxes and customs duties. Estimates indicate more than EUR 10 billion losses of revenue annually to the EU and Member States.

A substantial part of the illicit tobacco products in the EU originate from the third countries. Therefore an effective global regime is the best policy option to combat this cross-border phenomenon.

The FCTC Protocol is the main global initiative in this area. It contains a complex set of measures, rules and policy in the field of fighting illicit trade in tobacco products.

The Protocol:

aims to make the supply chain of tobacco, tobacco products and manufacturing equipment secure by establishing a global tracking and tracing system; contains provisions to ensure control include licencing, record keeping requirements, regulation of Internet- sales, duty-free sales and international transit; establishes offences, addresses liability and seizure payments as well as the disposal of confiscated products; aims to boost international cooperation including through mutual administrative assistance in customs matters.

With regard to these elements, Members are of the opinion that the ratification of the FCTC Protocol will benefit public health and help the international fight against illicit tobacco trade, tax evasion and organised crime.

Documents
A8-0154/2016
2016/04/21
   EP - Vote in committee
2016/04/11
   EP - Committee referral announced in Parliament
2016/04/06
   EP - Committee draft report
Documents
PE567.603
2016/02/09
   CSL - Legislative proposal
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, with the exception of its provisions falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union.

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 ("the Protocol") was signed on 20 December 2013, subject to its conclusion at a later date.

The Union has exclusive competence for a number of provisions of the Protocol which fall within the scope of the Union's common commercial policy or in areas where the Union has established common rules. Therefore, the Protocol should be approved on behalf of the Union as regards matters falling within Union's competence only insofar as the Protocol may affect these 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 , with the exception of its provisions 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.

The Protocol 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.

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
14384/2015
2016/02/08
   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, with the exception of its provisions falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union.

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 ("the Protocol") was signed on 20 December 2013, subject to its conclusion at a later date.

The Union has exclusive competence for a number of provisions of the Protocol which fall within the scope of the Union's common commercial policy or in areas where the Union has established common rules. Therefore, the Protocol should be approved on behalf of the Union as regards matters falling within Union's competence only insofar as the Protocol may affect these 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 , with the exception of its provisions 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.

The Protocol 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.

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
14384/2015
2015/07/13
   EP - SZEJNFELD Adam (PPE) appointed as rapporteur in INTA
2015/05/04
   EP - Preparatory document
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 do not 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 Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control was signed 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 .

This Decision applies to the provisions of the Protocol which do not 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 a complex set of measures , rules and policy in the field of fighting illicit trade in tobacco products. The Protocol provisions fall into different areas of EU activity which may be subdivided as follows:

the manufacture and sale of tobacco (and related) products; customs controls and cooperation including through mutual administrative assistance in customs matters; approximation of criminal offences, judicial cooperation in criminal matters and police cooperation; harmonised taxation and related rules.

The Protocol:

requires the introduction of a licensing, equivalent approval or control system by a competent authority for any natural or legal person involved in the manufacturing and in the import and export of tobacco products and manufacturing equipment; requires all natural and legal persons engaged in the supply chain of tobacco, tobacco products and manufacturing equipment to conduct customer due diligence; also provides for the establishment of a global tracking and tracing regime, within five years of the entry into force of the Protocol, consisting of national and/or regional tracking and tracing systems controlled by the Parties for all tobacco products manufactured in or imported into their territory.

Those articles are complemented by provisions on: (i) record-keeping and security and preventive measures, including anti-money-laundering measures and reporting of suspicious transactions; (ii) sales by Internet; (iii) duty free sales of tobacco products and the obligation to implement effective controls on tobacco and tobacco products in the free zones, including not mixing tobacco products with non-tobacco products at the time of removal from a free zone.

Part IV of the Protocol defines the conduct to be established as unlawful under the Parties’ legislation and obliges the Parties to ensure that natural and legal persons are held liable for such unlawful conduct, including criminal offences. Further provisions concern seizure payments, the handling of confiscated tobacco and special investigative techniques.

Part V of the Protocol contains provisions for the exchange of relevant information between the Parties, cooperation and mutual assistance (both administrative and legal in relation to criminal matters), jurisdiction and extradition.

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 fall under Title V of Part III of the TFEU.

Documents
COM(2015)0194
EUR-Lex
2013/11/18
   CSL - Document attached to the procedure
Documents
15044/2013

Documents

Activities

Votes

A8-0154/2016 - Adam Szejnfeld - approbation #

2016/06/07 Outcome: +: 608, 0: 14, -: 11
DE FR IT ES GB PL RO PT CZ EL NL BE AT HU BG SE DK HR SK FI LT IE SI EE LV MT LU CY
Total
83
68
63
43
47
41
26
20
20
18
23
17
17
17
16
17
13
11
11
10
9
9
7
6
6
6
5
4
icon: PPE PPE
185

Germany PPE

31

France PPE

19

Italy PPE

12

Spain PPE

11

Poland PPE

17

Romania PPE

11

Portugal PPE

6

Czechia PPE

7

Greece PPE

3

Netherlands PPE

5

Belgium PPE

3

Austria PPE

5

Hungary PPE

9

Bulgaria PPE

6

Sweden PPE

4

Denmark PPE

For (1)

Bendt BENDTSEN
1

Croatia PPE

5

Slovakia PPE

5

Finland PPE

2

Lithuania PPE

2

Ireland PPE

4

Slovenia PPE

5

Estonia PPE

For (1)

Tunne KELAM
1

Latvia PPE

4

Malta PPE

3

Luxembourg PPE

3

Cyprus PPE

1
icon: S&D S&D
167

Germany S&D

21

France S&D

13

Italy S&D

27

Spain S&D

11

United Kingdom S&D

18

Poland S&D

5

Romania S&D

12

Portugal S&D

8

Czechia S&D

4

Greece S&D

3

Netherlands S&D

3

Belgium S&D

4

Austria S&D

4

Hungary S&D

4

Bulgaria S&D

4

Sweden S&D

4

Denmark S&D

3

Croatia S&D

2

Slovakia S&D

4

Finland S&D

1

Lithuania S&D

2

Ireland S&D

For (1)

Nessa CHILDERS
1

Slovenia S&D

For (1)

Tanja FAJON
1

Estonia S&D

For (1)

Marju LAURISTIN
1

Latvia S&D

1

Malta S&D

3

Luxembourg S&D

For (1)

Mady DELVAUX
1

Cyprus S&D

2
icon: ALDE ALDE
59

Germany ALDE

4

France ALDE

7

Spain ALDE

8

Romania ALDE

2

Portugal ALDE

2

Czechia ALDE

4

Netherlands ALDE

6

Belgium ALDE

4

Austria ALDE

For (1)

Angelika MLINAR
1

Bulgaria ALDE

4

Sweden ALDE

2

Denmark ALDE

3

Croatia ALDE

2

Finland ALDE

3

Lithuania ALDE

3

Ireland ALDE

For (1)

Marian HARKIN
1

Estonia ALDE

3
icon: ECR ECR
53

Germany ECR

6

Italy ECR

2

United Kingdom ECR

10

Poland ECR

15

Czechia ECR

2

Greece ECR

For (1)

Notis MARIAS
1

Netherlands ECR

2

Belgium ECR

3

Bulgaria ECR

2

Denmark ECR

4

Croatia ECR

For (1)

Ruža TOMAŠIĆ
1

Slovakia ECR

2

Finland ECR

2

Latvia ECR

For (1)

Roberts ZĪLE
1
icon: GUE/NGL GUE/NGL
44

Germany GUE/NGL

6

France GUE/NGL

3

Italy GUE/NGL

3

Spain GUE/NGL

10

United Kingdom GUE/NGL

1

Portugal GUE/NGL

4

Czechia GUE/NGL

2

Greece GUE/NGL

6

Netherlands GUE/NGL

2

Sweden GUE/NGL

For (1)

Malin BJÖRK
1

Denmark GUE/NGL

For (1)

Rina Ronja KARI
1

Finland GUE/NGL

For (1)

Merja KYLLÖNEN
1

Ireland GUE/NGL

3

Cyprus GUE/NGL

1
icon: Verts/ALE Verts/ALE
42

Germany Verts/ALE

11

France Verts/ALE

3

Spain Verts/ALE

3

United Kingdom Verts/ALE

5

Netherlands Verts/ALE

2

Belgium Verts/ALE

2

Austria Verts/ALE

3

Hungary Verts/ALE

2

Sweden Verts/ALE

4

Denmark Verts/ALE

For (1)

Margrete AUKEN
1

Croatia Verts/ALE

For (1)

Davor ŠKRLEC
1

Finland Verts/ALE

For (1)

Heidi HAUTALA
1

Lithuania Verts/ALE

For (1)

Bronis ROPĖ
1

Slovenia Verts/ALE

For (1)

Igor ŠOLTES
1

Estonia Verts/ALE

For (1)

Indrek TARAND
1

Luxembourg Verts/ALE

For (1)

Claude TURMES
1
icon: ENF ENF
36

Germany ENF

Against (1)

Marcus PRETZELL
1

France ENF

19

Italy ENF

4

United Kingdom ENF

Abstain (1)

Janice ATKINSON
1

Poland ENF

2

Romania ENF

1

Netherlands ENF

3

Belgium ENF

For (1)

Gerolf ANNEMANS
1

Austria ENF

4
icon: EFDD EFDD
33

Germany EFDD

Abstain (1)

Beatrix von STORCH
1

France EFDD

1

Italy EFDD

15

United Kingdom EFDD

11

Poland EFDD

1

Czechia EFDD

Abstain (1)

Petr MACH
1

Sweden EFDD

2

Lithuania EFDD

For (1)

Rolandas PAKSAS
1
icon: NI NI
14

Germany NI

For (1)

Udo VOIGT

Against (1)

Martin SONNEBORN
2

France NI

3

United Kingdom NI

For (1)

Diane DODDS
1

Poland NI

Against (1)

Janusz KORWIN-MIKKE
1

Greece NI

5

Hungary NI

2

History

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

2023-08-03Show (2) Changes | Timetravel
docs/1
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=14384%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 14384/2015
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2016-02-09T00:00:00
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2016-02-08T00:00:00
2021-12-18Show (9) Changes | Timetravel
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events/2/type
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Committee referral announced in Parliament, 1st reading/single reading
New
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events/4/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/A-8-2016-0154_EN.html
New
https://www.europarl.europa.eu/doceo/document/A-8-2016-0154_EN.html
events/6
date
2016-06-07T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-8-2016-0238_EN.html title: T8-0238/2016
summary
events/6
date
2016-06-07T00:00:00
type
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EP
docs
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summary
procedure/Modified legal basis
Rules of Procedure EP 159
procedure/Other legal basis
Rules of Procedure EP 159
2020-01-19Show (6) Changes | Timetravel
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
International Trade
committee
INTA
rapporteur
name: SZEJNFELD Adam date: 2015-07-13T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE
shadows
committees/0
type
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body
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INTA
date
2015-07-13T00:00:00
rapporteur
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shadows
events/0
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docs
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New
http://www.europarl.europa.eu/doceo/document/A-8-2016-0154_EN.html
events/6/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0238
New
http://www.europarl.europa.eu/doceo/document/TA-8-2016-0238_EN.html
2019-07-12Show (2) Changes | Timetravel
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
International Trade
committee
INTA
date
2015-07-13T00:00:00
rapporteur
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shadows
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date
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rapporteur
name: SZEJNFELD Adam group: Group of European People's Party abbr: EPP
shadows
2019-07-06Show (21) Changes | Timetravel
activities
  • date: 2015-05-04T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0194/COM_COM(2015)0194_EN.pdf title: COM(2015)0194 type: Initial legislative proposal published celexid: CELEX:52015PC0194: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=14384%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 14384/2015 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_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 shadows: group: S&D name: GUTIÉRREZ PRIETO Sergio group: ECR name: MCCLARKIN Emma group: ALDE name: CHARANZOVÁ Dita group: Verts/ALE name: BUCHNER Klaus responsible: True committee: INTA date: 2015-07-13T00:00:00 committee_full: International Trade rapporteur: group: EPP name: SZEJNFELD Adam
  • date: 2016-04-21T00:00:00 body: EP type: Vote in committee, 1st reading/single reading 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 shadows: group: S&D name: GUTIÉRREZ PRIETO Sergio group: ECR name: MCCLARKIN Emma group: ALDE name: CHARANZOVÁ Dita group: Verts/ALE name: BUCHNER Klaus responsible: True committee: INTA date: 2015-07-13T00:00:00 committee_full: International Trade rapporteur: group: EPP name: SZEJNFELD Adam
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0154&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0154/2016 type: Committee report tabled for plenary, 1st reading/single reading 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 shadows: group: S&D name: GUTIÉRREZ PRIETO Sergio group: ECR name: MCCLARKIN Emma group: ALDE name: CHARANZOVÁ Dita group: Verts/ALE name: BUCHNER Klaus responsible: True committee: INTA date: 2015-07-13T00:00:00 committee_full: International Trade rapporteur: group: EPP name: SZEJNFELD Adam date: 2016-04-27T00:00:00
  • date: 2016-06-07T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=27139&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0238 type: Decision by Parliament, 1st reading/single reading title: T8-0238/2016 body: EP type: Results of vote in Parliament
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  • date: 2013-11-18T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:[%SECTOR]2013[%DESCRIPTOR]15044:EN:NOT title: 15044/2013 type: Document attached to the procedure body: CSL
  • date: 2016-04-06T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE567.603 title: PE567.603 type: Committee draft report 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/2015/0194/COM_COM(2015)0194_EN.pdf title: COM(2015)0194 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2015&nu_doc=0194 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 do not 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 Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control was signed 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 . This Decision applies to the provisions of the Protocol which do not 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 a complex set of measures , rules and policy in the field of fighting illicit trade in tobacco products. The Protocol provisions fall into different areas of EU activity which may be subdivided as follows: the manufacture and sale of tobacco (and related) products; customs controls and cooperation including through mutual administrative assistance in customs matters; approximation of criminal offences, judicial cooperation in criminal matters and police cooperation; harmonised taxation and related rules. The Protocol: requires the introduction of a licensing, equivalent approval or control system by a competent authority for any natural or legal person involved in the manufacturing and in the import and export of tobacco products and manufacturing equipment; requires all natural and legal persons engaged in the supply chain of tobacco, tobacco products and manufacturing equipment to conduct customer due diligence; also provides for the establishment of a global tracking and tracing regime, within five years of the entry into force of the Protocol, consisting of national and/or regional tracking and tracing systems controlled by the Parties for all tobacco products manufactured in or imported into their territory. Those articles are complemented by provisions on: (i) record-keeping and security and preventive measures, including anti-money-laundering measures and reporting of suspicious transactions; (ii) sales by Internet; (iii) duty free sales of tobacco products and the obligation to implement effective controls on tobacco and tobacco products in the free zones, including not mixing tobacco products with non-tobacco products at the time of removal from a free zone. Part IV of the Protocol defines the conduct to be established as unlawful under the Parties’ legislation and obliges the Parties to ensure that natural and legal persons are held liable for such unlawful conduct, including criminal offences. Further provisions concern seizure payments, the handling of confiscated tobacco and special investigative techniques. Part V of the Protocol contains provisions for the exchange of relevant information between the Parties, cooperation and mutual assistance (both administrative and legal in relation to criminal matters), jurisdiction and extradition. 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 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=14384%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 14384/2015 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, with the exception of its provisions falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union. 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 ("the Protocol") was signed on 20 December 2013, subject to its conclusion at a later date. The Union has exclusive competence for a number of provisions of the Protocol which fall within the scope of the Union's common commercial policy or in areas where the Union has established common rules. Therefore, the Protocol should be approved on behalf of the Union as regards matters falling within Union's competence only insofar as the Protocol may affect these 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 , with the exception of its provisions 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. The Protocol 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. 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: 2016-04-21T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-04-27T00:00:00 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=A8-2016-0154&language=EN title: A8-0154/2016 summary: The Committee on International Trade adopted the report by Adam SZEJNFELD (EPP, PL) 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, with the exception of its provisions falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union. The committee recommended that the European Parliament should give its consent to the conclusion of the Agreement. To recall, the World Health Organisation's Framework Convention on Tobacco Control (FCTC) is the first global health treaty. It was developed in response to the global tobacco epidemic and aims to tackle some of its causes, including illicit trade in tobacco products. It entered into force on 27 February 2005 and there are currently 180 Parties to the Convention. The Protocol to Eliminate Illicit Trade in Tobacco Products (FCTC Protocol) is based on Article 15 of the FCTC and was adopted by the Conference of the Parties on 12 November 2012 in Seoul. This Protocol currently constitutes the only multilateral regulatory initiative in the area. The EU signed the FCTC Protocol on 20 December 2013. The Protocol needs to be ratified by 40 parties for it to enter into force and its ratification without delay by the European Union (and its Member States) would significantly contribute to the swift entry into force and implementation of the FCTC Protocol. In a short justification which accompanies the report, it is recalled that illicit trade in tobacco products, in particular cigarette smuggling is a criminal activity posing a serious threat to public health and causes huge losses of revenue to the EU in terms of unpaid taxes and customs duties. Estimates indicate more than EUR 10 billion losses of revenue annually to the EU and Member States. A substantial part of the illicit tobacco products in the EU originate from the third countries. Therefore an effective global regime is the best policy option to combat this cross-border phenomenon. The FCTC Protocol is the main global initiative in this area. It contains a complex set of measures, rules and policy in the field of fighting illicit trade in tobacco products. The Protocol: aims to make the supply chain of tobacco, tobacco products and manufacturing equipment secure by establishing a global tracking and tracing system; contains provisions to ensure control include licencing, record keeping requirements, regulation of Internet- sales, duty-free sales and international transit; establishes offences, addresses liability and seizure payments as well as the disposal of confiscated products; aims to boost international cooperation including through mutual administrative assistance in customs matters. With regard to these elements, Members are of the opinion that the ratification of the FCTC Protocol will benefit public health and help the international fight against illicit tobacco trade, tax evasion and organised crime.
  • 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=27139&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-2016-0238 title: T8-0238/2016 summary: The European Parliament adopted by 608 votes to 11, with 14 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, with the exception of its provisions falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union. In line with the recommendation made by the Committee on International Trade, Parliament gave its consent to the conclusion of the Agreement. The Protocol to Eliminate Illicit Trade in Tobacco Products (FCTC Protocol) was adopted by the Conference of the Parties on 12 November 2012 in Seoul and contains a complex set of measures, rules and policy in the field of fighting illicit trade in tobacco products. The Protocol: aims to make the supply chain of tobacco, tobacco products and manufacturing equipment secure by establishing a global tracking and tracing system; contains provisions to ensure control include licencing, record keeping requirements, regulation of Internet- sales, duty-free sales and international transit; establishes offences, addresses liability and seizure payments as well as the disposal of confiscated products; aims to boost international cooperation including through mutual administrative assistance in customs 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 do not fall under Title V of Part III of the Treaty on the Functioning of the European Union (TFEU) are concerned. NON-LEGISLATIVE ACT: Council Decision (EU) 2016/1749 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, with the exception of its provisions falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union. CONTENT: the Council Decision approves, on behalf of the 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 do not fall under Title V of Part III of the Treaty on the Functioning of the European Union (TFEU) are concerned (Freedom, Security and Justice). The Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO FCTC (‘the Protocol’) was signed on 20 December 2013, subject to its conclusion at a later date. The Protocol 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 Protocol: aims to make the supply chain of tobacco, tobacco products and manufacturing equipment secure by establishing a global tracking and tracing system; contains provisions to ensure control include licencing, record keeping requirements, regulation of Internet- sales, duty-free sales and international transit; establishes offences, addresses liability and seizure payments as well as the disposal of confiscated products; aims to boost international cooperation including through mutual administrative assistance in customs matters. ENTRY INTO FORCE: 1.10.2016. docs: title: Decision 2016/1749 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016D1749 title: OJ L 268 01.10.2016, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:268:TOC
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World Health Organisation (WHO) Framework Convention on Tobacco Control: Protocol to Eliminate Illicit Trade in Tobacco Products. Provisions which do not fall under Title V of Part III of the TFEU
2016-11-22Show (6) Changes | Timetravel
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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 do not fall under Title V of Part III of the Treaty on the Functioning of the European Union (TFEU) are concerned.

    NON-LEGISLATIVE ACT: Council Decision (EU) 2016/1749 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, with the exception of its provisions falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union.

    CONTENT: the Council Decision approves, on behalf of the 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 do not fall under Title V of Part III of the Treaty on the Functioning of the European Union (TFEU) are concerned (Freedom, Security and Justice).

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

    The Protocol 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 Protocol:

    • aims to make the supply chain of tobacco, tobacco products and manufacturing equipment secure by establishing a global tracking and tracing system;
    • contains provisions to ensure control include licencing, record keeping requirements, regulation of Internet- sales, duty-free sales and international transit;
    • establishes offences, addresses liability and seizure payments as well as the disposal of confiscated products;
    • aims to boost international cooperation including through mutual administrative assistance in customs matters.

    ENTRY INTO FORCE: 1.10.2016.
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2016-10-06Show (3) Changes | Timetravel
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2016-06-17Show (1) Changes | Timetravel
activities/5/docs/0/text

  • The European Parliament adopted by 608 votes to 11, with 14 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, with the exception of its provisions falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union.

    In line with the recommendation made by the Committee on International Trade, Parliament gave its consent to the conclusion of the Agreement.

    The Protocol to Eliminate Illicit Trade in Tobacco Products (FCTC Protocol) was adopted by the Conference of the Parties on 12 November 2012 in Seoul and contains a complex set of measures, rules and policy in the field of fighting illicit trade in tobacco products.

    The Protocol:

    • aims to make the supply chain of tobacco, tobacco products and manufacturing equipment secure by establishing a global tracking and tracing system;
    • contains provisions to ensure control include licencing, record keeping requirements, regulation of Internet- sales, duty-free sales and international transit;
    • establishes offences, addresses liability and seizure payments as well as the disposal of confiscated products;
    • aims to boost international cooperation including through mutual administrative assistance in customs matters.
2016-06-15Show (4) Changes | Timetravel
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2016-06-09Show (3) Changes | Timetravel
activities/5/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0238 type: Decision by Parliament, 1st reading/single reading title: T8-0238/2016
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2016-06-05Show (1) Changes | Timetravel
activities/4/docs/0/text

  • The Committee on International Trade adopted the report by Adam SZEJNFELD (EPP, PL) 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, with the exception of its provisions falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union.

    The committee recommended that the European Parliament should give its consent to the conclusion of the Agreement.

    To recall, the World Health Organisation's Framework Convention on Tobacco Control (FCTC) is the first global health treaty. It was developed in response to the global tobacco epidemic and aims to tackle some of its causes, including illicit trade in tobacco products. It entered into force on 27 February 2005 and there are currently 180 Parties to the Convention.

    The Protocol to Eliminate Illicit Trade in Tobacco Products (FCTC Protocol) is based on Article 15 of the FCTC and was adopted by the Conference of the Parties on 12 November 2012 in Seoul. This Protocol currently constitutes the only multilateral regulatory initiative in the area. The EU signed the FCTC Protocol on 20 December 2013. The Protocol needs to be ratified by 40 parties for it to enter into force and its ratification without delay by the European Union (and its Member States) would significantly contribute to the swift entry into force and implementation of the FCTC Protocol. 

    In a short justification which accompanies the report, it is recalled that illicit trade in tobacco products, in particular cigarette smuggling is a criminal activity posing a serious threat to public health and causes huge losses of revenue to the EU in terms of unpaid taxes and customs duties. Estimates indicate more than EUR 10 billion losses of revenue annually to the EU and Member States.

    A substantial part of the illicit tobacco products in the EU originate from the third countries. Therefore an effective global regime is the best policy option to combat this cross-border phenomenon.  

    The FCTC Protocol is the main global initiative in this area. It contains a complex set of measures, rules and policy in the field of fighting illicit trade in tobacco products.

    The Protocol:

    • aims to make the supply chain of tobacco, tobacco products and manufacturing equipment secure by establishing a global tracking and tracing system;
    • contains provisions to ensure control include licencing, record keeping requirements, regulation of Internet- sales, duty-free sales and international transit;
    • establishes offences, addresses liability and seizure payments as well as the disposal of confiscated products;
    • aims to boost international cooperation including through mutual administrative assistance in customs matters.

    With regard to these elements, Members are of the opinion that the ratification of the FCTC Protocol will benefit public health and help the international fight against illicit tobacco trade, tax evasion and organised crime.
2016-05-28Show (2) Changes | Timetravel
activities/5/date
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2016-06-06T00:00:00
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2016-05-27Show (1) Changes | Timetravel
activities/4/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0154&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0154/2016
2016-04-28Show (2) Changes | Timetravel
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2016-04-23Show (3) Changes | Timetravel
activities/3/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 shadows: group: ECR name: MCCLARKIN Emma group: ALDE name: CHARANZOVÁ Dita group: Verts/ALE name: BUCHNER Klaus responsible: True committee: INTA date: 2015-07-13T00:00:00 committee_full: International Trade rapporteur: group: EPP name: SZEJNFELD Adam
activities/3/type
Old
Vote scheduled in committee, 1st reading/single reading
New
Vote in committee, 1st reading/single reading
procedure/Modified legal basis
Rules of Procedure of the European Parliament EP 150
2016-04-13Show (3) Changes | Timetravel
activities/2
date
2016-04-11T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
procedure/dossier_of_the_committee
INTA/8/03425
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
2016-04-09Show (1) Changes | Timetravel
activities/2/date
Old
2016-04-20T00:00:00
New
2016-04-21T00:00:00
2016-04-06Show (1) Changes | Timetravel
activities/3/date
Old
2016-05-09T00:00:00
New
2016-06-06T00:00:00
2016-03-30Show (1) Changes | Timetravel
activities/1/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, with the exception of its provisions falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union.

    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 ("the Protocol") was signed on 20 December 2013, subject to its conclusion at a later date.

    The Union has exclusive competence for a number of provisions of the Protocol which fall within the scope of the Union's common commercial policy or in areas where the Union has established common rules. Therefore, the Protocol should be approved on behalf of the Union as regards matters falling within Union's competence only insofar as the Protocol may affect these 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, with the exception of its provisions 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.

    The Protocol 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.

    For details about the content of the Protocol, please refer to the summary of the Commission’s initial legislative proposal of 4.5.2015.
2016-03-17Show (1) Changes | Timetravel
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 do not 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 Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control was signed 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.

    This Decision applies to the provisions of the Protocol which do not 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 a complex set of measures, rules and policy in the field of fighting illicit trade in tobacco products. The Protocol provisions fall into different areas of EU activity which may be subdivided as follows:

    • the manufacture and sale of tobacco (and related) products;
    • customs controls and cooperation including through mutual administrative assistance in customs matters;
    • approximation of criminal offences, judicial cooperation in criminal matters and police cooperation;
    • harmonised taxation and related rules.

    The Protocol:

    • requires the introduction of a licensing, equivalent approval or control system by a competent authority for any natural or legal person involved in the manufacturing and in the import and export of tobacco products and manufacturing equipment;
    • requires all natural and legal persons engaged in the supply chain of tobacco, tobacco products and manufacturing equipment to conduct customer due diligence;
    • also provides for the establishment of a global tracking and tracing regime, within five years of the entry into force of the Protocol, consisting of national and/or regional tracking and tracing systems controlled by the Parties for all tobacco products manufactured in or imported into their territory.

    Those articles are complemented by provisions on: (i) record-keeping and security and preventive measures, including anti-money-laundering measures and reporting of suspicious transactions; (ii) sales by Internet; (iii) duty free sales of tobacco products and the obligation to implement effective controls on tobacco and tobacco products in the free zones, including not mixing tobacco products with non-tobacco products at the time of removal from a free zone.

    Part IV of the Protocol defines the conduct to be established as unlawful under the Parties’ legislation and obliges the Parties to ensure that natural and legal persons are held liable for such unlawful conduct, including criminal offences. Further provisions concern seizure payments, the handling of confiscated tobacco and special investigative techniques.

    Part V of the Protocol contains provisions for the exchange of relevant information between the Parties, cooperation and mutual assistance (both administrative and legal in relation to criminal matters), jurisdiction and extradition.

    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 fall under Title V of Part III of the TFEU.

2016-03-15Show (4) Changes | Timetravel
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 do not 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 Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control was signed 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.

    This Decision applies to the provisions of the Protocol which do not 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 a complex set of measures, rules and policy in the field of fighting illicit trade in tobacco products. The Protocol provisions fall into different areas of EU activity which may be subdivided as follows:

    • the manufacture and sale of tobacco (and related) products;
    • customs controls and cooperation including through mutual administrative assistance in customs matters;
    • approximation of criminal offences, judicial cooperation in criminal matters and police cooperation;
    • harmonised taxation and related rules.

    The Protocol:

    • requires the introduction of a licensing, equivalent approval or control system by a competent authority for any natural or legal person involved in the manufacturing and in the import and export of tobacco products and manufacturing equipment;
    • requires all natural and legal persons engaged in the supply chain of tobacco, tobacco products and manufacturing equipment to conduct customer due diligence;
    • also provides for the establishment of a global tracking and tracing regime, within five years of the entry into force of the Protocol, consisting of national and/or regional tracking and tracing systems controlled by the Parties for all tobacco products manufactured in or imported into their territory.

    Those articles are complemented by provisions on: (i) record-keeping and security and preventive measures, including anti-money-laundering measures and reporting of suspicious transactions; (ii) sales by Internet; (iii) duty free sales of tobacco products and the obligation to implement effective controls on tobacco and tobacco products in the free zones, including not mixing tobacco products with non-tobacco products at the time of removal from a free zone.

    Part IV of the Protocol defines the conduct to be established as unlawful under the Parties’ legislation and obliges the Parties to ensure that natural and legal persons are held liable for such unlawful conduct, including criminal offences. Further provisions concern seizure payments, the handling of confiscated tobacco and special investigative techniques.

    Part V of the Protocol contains provisions for the exchange of relevant information between the Parties, cooperation and mutual assistance (both administrative and legal in relation to criminal matters), jurisdiction and extradition.

    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 fall under Title V of Part III of the TFEU.
activities/0/docs/0/type
Old
Legislative proposal published
New
Initial legislative proposal published
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Old
Legislative proposal published
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Initial legislative proposal published
activities/1
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url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=14384%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 14384/2015
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Legislative proposal published
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EC
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DG: url: http://ec.europa.eu/dgs/olaf/ title: European Anti-Fraud Office (OLAF) Commissioner: GEORGIEVA Kristalina
2015-12-12Show (1) Changes | Timetravel
activities/2
date
2016-05-09T00:00:00
body
EP
type
Indicative plenary sitting date, 1st reading/single reading
2015-12-11Show (1) Changes | Timetravel
activities/1/date
Old
2016-02-16T00:00:00
New
2016-04-20T00:00:00
2015-11-04Show (1) Changes | Timetravel
activities/0/docs/0/celexid
CELEX:52015PC0194:EN
2015-10-30Show (1) Changes | Timetravel
activities/0
date
2015-05-04T00:00:00
docs
url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0194/COM_COM(2015)0194_EN.pdf type: Legislative proposal published title: COM(2015)0194
body
EC
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Legislative proposal published
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DG: url: http://ec.europa.eu/dgs/olaf/ title: European Anti-Fraud Office (OLAF) Commissioner: GEORGIEVA Kristalina
2015-10-29Show (6) Changes | Timetravel
activities/0/body
Old
EC
New
EP
activities/0/commission
  • DG: url: http://ec.europa.eu/dgs/olaf/ title: European Anti-Fraud Office (OLAF) Commissioner: GEORGIEVA Kristalina
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Old
2015-05-04T00:00:00
New
2016-02-16T00:00:00
activities/0/docs
  • url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0194/COM_COM(2015)0194_EN.pdf type: Legislative proposal published title: COM(2015)0194
activities/0/type
Old
Legislative proposal published
New
Vote scheduled in committee, 1st reading/single reading
committees/3/shadows
  • group: ECR name: MCCLARKIN Emma
  • group: ALDE name: CHARANZOVÁ Dita
  • group: Verts/ALE name: BUCHNER Klaus
2015-07-15Show (3) Changes | Timetravel
committees/3/date
Old
2015-06-15T00:00:00
New
2015-07-13T00:00:00
committees/3/rapporteur/0/mepref
Old
53b2df5ab819f205b0000113
New
53b2e05eb819f205b000013c
committees/3/rapporteur/0/name
Old
RUAS Fernando
New
SZEJNFELD Adam
2015-07-14Show (2) Changes | Timetravel
committees/3/date
2015-06-15T00:00:00
committees/3/rapporteur
  • group: EPP name: RUAS Fernando
2015-06-04Show (1) Changes | Timetravel
activities/0/docs/0/celexid
CELEX:52015PC0194:EN
2015-05-30Show (1) Changes | Timetravel
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 do not 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 Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control was signed 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.

    This Decision applies to the provisions of the Protocol which do not 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 a complex set of measures, rules and policy in the field of fighting illicit trade in tobacco products. The Protocol provisions fall into different areas of EU activity which may be subdivided as follows:

    • the manufacture and sale of tobacco (and related) products;
    • customs controls and cooperation including through mutual administrative assistance in customs matters;
    • approximation of criminal offences, judicial cooperation in criminal matters and police cooperation;
    • harmonised taxation and related rules.

    The Protocol:

    • requires the introduction of a licensing, equivalent approval or control system by a competent authority for any natural or legal person involved in the manufacturing and in the import and export of tobacco products and manufacturing equipment;
    • requires all natural and legal persons engaged in the supply chain of tobacco, tobacco products and manufacturing equipment to conduct customer due diligence;
    • also provides for the establishment of a global tracking and tracing regime, within five years of the entry into force of the Protocol, consisting of national and/or regional tracking and tracing systems controlled by the Parties for all tobacco products manufactured in or imported into their territory.

    Those articles are complemented by provisions on: (i) record-keeping and security and preventive measures, including anti-money-laundering measures and reporting of suspicious transactions; (ii) sales by Internet; (iii) duty free sales of tobacco products and the obligation to implement effective controls on tobacco and tobacco products in the free zones, including not mixing tobacco products with non-tobacco products at the time of removal from a free zone.

    Part IV of the Protocol defines the conduct to be established as unlawful under the Parties’ legislation and obliges the Parties to ensure that natural and legal persons are held liable for such unlawful conduct, including criminal offences. Further provisions concern seizure payments, the handling of confiscated tobacco and special investigative techniques.

    Part V of the Protocol contains provisions for the exchange of relevant information between the Parties, cooperation and mutual assistance (both administrative and legal in relation to criminal matters), jurisdiction and extradition.

    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 fall under Title V of Part III of the TFEU.
2015-05-20Show (1) Changes | Timetravel
procedure/subject/0
Old
2.10.01 Customs Union, tax and duty-free, Community transit
New
2.10.01 Customs union, tax and duty-free, Community transit
2015-05-14Show (5) Changes
activities
  • date: 2015-05-04T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0194/COM_COM(2015)0194_EN.pdf title: COM(2015)0194 type: Legislative proposal published celexid: CELEX:52015PC0194: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: True committee_full: International Trade committee: INTA
links
other
  • body: EC dg: url: http://ec.europa.eu/dgs/olaf/ title: European Anti-Fraud Office (OLAF) commissioner: GEORGIEVA Kristalina
procedure
reference
2015/0101(NLE)
title
World Health Organisation (WHO) Framework Convention on Tobacco Control: Protocol to Eliminate Illicit Trade in Tobacco Products. Provisions which do not 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
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