7. Tobacco products ***II
A5-0348/2000
European Parliament legislative resolution on the Council common position for adopting a Eur-
opean Parliament and Council directive on the approximation of the laws, regulations and admin-
istrative provisions of the Member States concerningthe manufacture, presentation and sale of
tobacco products (9448/1/2000 Ddash C5-0431/2000 Ddash 1999/0244(COD))
(Codecision procedure: second reading)
The European Parliament,
wdash having regard to the Council common position (9448/1/2000 wdash C5-0431/2000)(1),
wdash having regard to its position at first reading(2) on the Commission proposal to Parliament and the
Council (COM(1999) 594)(3),
wdash having regard to the Commission’s amended proposal (COM(2000) 428)(4),
wdash having regard to Article 251(2) of the EC Treaty,
wdash having regard to Rule 80 of its Rules of Procedure,wdash having regard to the recommendation for second reading of the Committee on the Environment,
Public Health and Consumer Policy (A5-0348/2000),
1. Amends the common position as follows;
2. Instructs its President to forward its position to the Council and Commission.
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
(Amendment 1)
First citation
Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 95 thereof,Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 95 and 133 thereof,
(Amendment 2)
Recital 7
(7) Differences in rules concerning carbon monoxide are liable
to constitute barriers to trade and to impede the smooth opera-tion of the internal market. In addition, cigarettes have beenshown to produce amounts of carbon monoxide which arehazardous to human health and capable of contributing toheart disease and other ailments.(7)Several Member States have indicated that, if mea-
sures establishingmaximum carbon monoxide yields forcigarettes are not adopted at Community level, they willadopt such measures at national level. Differences in rules
concerning carbon monoxide are likelyto constitute barriers
to trade and to impede the smooth operation of the internalmarket. In addition, cigarettes have been shown to produceamounts of carbon monoxide which are hazardous to humanhealth and capable of contributing to heart disease and otherailments.
(1) OJ C 300, 20.10.2000, p. 49.
(2) ‘Texts Adopted’ of 14.6.2000, p. 4.
(3) OJ C 150, 30.5.2000, p. 43.
(4) OJ C 337 E, 28.11.2000, p. 177.C 232/146 EN 17.8.2001 Official Journal of the European Communities
Wednesday 13 December 2000
(Amendment 48)
Recital 7a (new)
(7a) A revision of the regulatory framework needs to
evaluate evidence-based claims for tobacco productsdesigned and/or marketed to ‘reduce risk’, or for whichharm reduction is claimed by the manufacturers.
(Amendment 4)
Recital 9a (new)
(9a) This Directive will also have consequences for
tobacco products which are exported from the EuropeanUnion. The export regime is part of the common commer-cial policy. Health requirements are, pursuant to Arti-cle 152(1) of the Treaty and the case law of the Court ofJustice of the European Communities, to form a constitu-ent part of the Community’s other policies.
(Amendment 50)
Recital 9b (new)
(9b) The provisions of this Directive are without preju-
dice to Community legislation governing the use andlabelling of genetically modified organisms.
(Amendment 5)
Recital 11a (new)
(11a) There are no internationally recognised standards
or tests for quantifyingand assessingthe yields of consti-tuents in cigarette smoke other than tar, nicotine and car-bon monoxide. A procedure for development of suchstandards, in consultation with the International StandardsOrganisation, is therefore necessary.
(Amendment 6)
Recital 13
(13) The presentation of warning labels and yields has contin-
ued to remain variable in the different member States. As a
consequence, consumers in one Member State may be better
informed as to the risks of tobacco products than in another.Such differences are unacceptable and are liable to constitute abarrier to trade and to impede the operation of the internalmarket in tobacco products and should therefore be eliminated.
It is necessary to that end that the legislation be strenghtened
and clarified, while ensuring a high level of health protection.(13) The presentation of warning labels and yields has contin-
ued to remain variable in the different member States. As a
consequence, consumers in one Member State may be better
informed as to the risks of tobacco products than in another.Such differences are unacceptable and are liable to constitute abarrier to trade and to impede the operation of the internalmarket in tobacco products and should therefore be eliminated.
It is necessary to that end that the legislation be strenghtened
and clarified, while ensuring a high level of health protection.
For the purpose of health protection, and in order toensure the effectiveness of health warnings, these shouldalso be displayed on tobacco vendingmachines, which areparticularly attractive to youngpeople.17.8.2001 EN C 232/147 Official Journal of the European Communities
Wednesday 13 December 2000
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
(Amendment 7)
Recital 14a (new)
(14a) The direct and indirect socio-economic costs of
active and passive tobacco use should be regularly evalu-ated and made available to the public.
(Amendment 49)
Recital 16a (new)
(16a) Pendingthe establishment of the common list of
ingredients referred to in Article 11a, Member Statesshould provide for the prohibition of the use of ingredi-ents which have the effect of increasingthe addictiveproperties of tobacco products, since the use of suchingredients may undermine the limits on nicotine levelslaid down in this Directive.
(Amendment 10)
Recital 18
(18) The use on packaging of tobacco products of certain
terms describing the product, which can mislead the consumer,should be prohibited.(18) The use on packaging of tobacco products of certain
terms describing the product, which can mislead the consumer,should be prohibited. Appropriate derogations should be
granted when these terms are a substantial defining partof a registered trademark which is already genuinely andeffectively marketed rather than a brand-style variant of apre-existingreg istered trademark. A mechanism to notifysuch derogations should be put in place to ensure that no
abuse of those derogations occurs.
(Amendment 12)
Recital 21a (new)
(21a) As regards tobacco products other than cigarettes,
standards and measurement methodologies need to bedeveloped at Community level, and to this end the Com-mision should be requested to submit appropriate propo-sals.
(Amendment 13)
Recital 22
(22) As regards the other ingredients, including additives, it
ought to be considered whether, with a view to subsequent har-
monisation, it would be possible to draw up a common list.(22) As regards the other ingredients, including additives,
drawingup a common list ought to be considered, with a
view to subsequent harmonisation.
(Amendment 40)
Recital 23a (new)
(23a) In the Community, tobacco growing continues to
receive approximately €1 billion per year in assistance.That amount is out of all proportion to Communityspendingon prevention of cancer and cardiovascular dis-eases.C 232/148 EN 17.8.2001 Official Journal of the European Communities
Wednesday 13 December 2000
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
(Amendment 15)
Article 1
The aim of this Directive is to approximate the laws, regula-
tions and administrative provisions of the Member States con-
cerning the maximum tar, nicotine and carbon monoxideyields of cigarettes and the warnings regarding health andother information to appear on unit packets of tobacco pro-ducts, together with certain measures concerning the ingredi-ents and the descriptions of tobacco products.The aim of this Directive is to approximate the laws, regula-
tions and administrative provisions of the Member States con-
cerning the maximum tar, nicotine and carbon monoxideyields of cigarettes and the warnings regarding health andother information to appear on unit packets of tobacco pro-ducts, together with certain measures concerning the ingredi-ents and the descriptions of tobacco products , takingas a
basis a high level of health protection.
(Amendment 16)
Article 2(1)
1. ‘tobacco products’ means products for the purposes of
smoking, sniffing, sucking or chewing, inasmuch as theyare, even partly, made of tobacco, whether geneticallymodified or not;1. ‘tobacco products’ means products for the purposes of
smoking, sniffing, sucking or chewing, inasmuch as theyare, even partly, made of tobacco, whether geneticallymodified or not , without prejudice to other Commu-
nity legislation on genetically modified organisms.
(Amendment 17)
Article 2(5)
5. ‘ingredient’ means any substance or any constituent except
for tobacco leaf and other natural or unprocessed tobaccoplant parts used in the manufacture or preparation of atobacco product and still present in the finished product,even if in altered form.5. ‘ingredient’ means any substance or any constituent except
for tobacco leaf and other natural or unprocessed tobaccoplant parts used in the manufacture or preparation of atobacco product and still present in the finished product,even if in altered form , includingpaper, filter, inks and
adhesives .
(Amendment 51)
Article 3(1a) (new)
1a. By way of derogation from the date referred to in
paragraph 1, as regards cigarettes manufactured within theEuropean Union but exported from the European Union,Member States may apply the yield limits laid down inthis Article as from 1 January 2005 but shall in any eventapply the yield limits laid down in this Article by 1 Janu-ary 2007 at the latest.
(Amendment 47)
Article 3(1b) (new)
1b. As of the date referred to in paragraph 1, and with-
out prejudice to the adoption of the common list of ingre-dients referred to in Article 11a, Member States shall pro-hibit the use of ingredients having the effect of increasingthe addictive properties of tobacco products.
Member States which provide for such prohibition shall
notify the Commission thereof.17.8.2001 EN C 232/149 Official Journal of the European Communities
Wednesday 13 December 2000
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
(Amendment 21)
Article 4(4), first subparagraph
4. The results of tests carried out in accordance with para-
graph 3shall be reported annually to thecompetent national
authorities.4. The results of tests carried out pursuant to paragraph 3
shall bedisclosed to therelevantnational authorities when-
ever there is a change in the composition of the ingredi-ents.
(Amendment 22)
Article 5(2), introduction and (a)
2. Each unit packet of tobacco products, except for tobacco
for oral use and other smokeless tobacco products, mustcarry
the following warnings:2. Each unit packet of tobacco products, except for tobacco
for oral use and other smokeless tobacco products, shallcarry
the following warnings:
(a) general warning: (a) general warning:
‘Passive smokingharms those around you, especially
children’
or
‘Smoking kills’ ‘Smoking kills half a million people each year in the
European Union ’(with Member States havingthe
option of printingthe words ‘Smokingkills’ in a lar-ger font or emphasising them by other means)
or or
‘Smoking can kill’ ‘Smoking causes cancer and heart disease ’
The warnings referred to above shall be rotated in
such a way as to guarantee their regular appearance.
That warning shall be printed on the most visible surface
of the unit packet, and on any outside packaging, with the
exception of additional transparent wrappers, used in theretail sale of the product.That warning shall be printed on the most visible surface
of the unit packet, and on any outside packaging, with the
exception of additional transparent wrappers, used in theretail sale of the product.
(Amendment 23)
Article 5(2), second paragraph a (new)
Member States may require that all, or a proportion of,
the space allocated to the additional warningbe allocatedto the printingof colour photog raphs or other illustra-tions to depict and explain the health consequences ofsmoking.
(Amendment 24)
Article 5(4), first subparagraph
4. The warningsreferred to in paragraphs 2 and 3shall cover
respectively not less than 25%of the external area of the corre-
sponding surface of the unit packet on which they areprinted.4. The general warning required pursuant to para-
graph 2(a) and the warning for smokeless and oral tobaccoproducts referred to in paragraph 3shall cover not lessC 232/150 EN 17.8.2001 Official Journal of the European Communities
Wednesday 13 December 2000
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
That proportion shall be increased to 27%for Member States
with two official languages and to 30%for Member States with
three official languages.than30%of the external area of the corresponding surface of
the unit packet of tobacco on which it isprinted. That pro-
portion shall be increased to 32%for Member States with two
official languages and 35%for Member States with three offi-
cial languages.
The additional warningrequired pursuant to para-
graph 2(b) shall cover not less than 40% of the externalarea of the correspondingsurface of the unit packetof tobacco on which it is printed. That proportion shallbe increased to 45% for Member States with two officiallanguages and 50% for Member States with three officiallanguages.
(Amendment 25)
Article 5(4), second subparagraph
However, in the case of unit packets intended for products
other than cigarettes the most visible surface of which exceeds
100cm
2, the warnings referred to in paragraph 2 shall cover
an area of at least 25cm2on each surface. That area shall be
increased to 27cm2for Member States with two official lan-
guages and 30cm2for Member States with three official lan-
guages.However, in the case of unit packets intended for products
other than cigarettes the most visible surface of which exceeds
50cm2, the warnings referred to in paragraph 2 shall cover an
area of at least 15cm2on each surface. That area shall be
increased to 17cm2for Member States with two official lan-
guages and 20cm2for Member States with three official lan-
guages
(Amendment 26)
Article 5(6)
6. The printing of the texts required by this Article on the
tax stamps of unit packets shall be prohibited. The texts shall
be irremovably and indelibly fixed and shall in no way be hid-
den, obscured or interrupted by other written or pictorial mat-ter or by the opening of the packet.6. The printing of the texts required by this Article on the
tax stamps of unit packets shall be prohibited. The texts shall
be irremovably printed, indelible and shall in no way be hid-
den, obscured or interrupted by other written or pictorial mat-ter or by the opening of the packet. In the case of tobacco
products other than cigarettes, the texts may be affixed bymeans of stickers, provided that such stickers are irremo-vable.
(Amendment 28)
Article 5a (new)
Article 5a
Special conditions regarding tobacco vending machinesWhere tobacco is sold from vendingmachines, the g eneral
warningprovided for in Article 5(2) (a) and the additionalwarningset out in Annex I shall be displayed in a leg iblemanner on such machines.17.8.2001 EN C 232/151 Official Journal of the European Communities
Wednesday 13 December 2000
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
(Amendment 45)
Article 6(1), first subparagraph
1. Member States shall require all manufacturers and impor-
ters of tobacco products to submit to them a list of all ingredi-ents, and quantities thereof, used in the manufacture of their
tobacco products by brand name and type . This list shall be
accompanied by a statement setting out the reasons for theinclusion of such ingredients in their tobacco products, andbythetoxicological data on these ingredients in burnt and
unburnt form and their effects on health, taking into account
inter alia their addictiveness.1. Member States shall require all manufacturers and impor-
ters of tobacco products to submit to them an alphabetical list
of all ingredients, and quantities thereof not exceeded , used
by the manufacturer in the production of tobacco products
released for free circulation or marketed in the MemberState. This list shall be accompanied by a statement setting
out the reasons for the inclusion of such ingredients in theirtobacco products, and by any available toxicological data on
these ingredients and their effects on health, taking intoaccount inter alia their addictiveness.
Member States shall also require a by-brand list of ingredi-
ents added to tobacco for each brand of cigarette mar-keted by the manufacturer in the Member State with asingle category for flavourings, in descending order byweight, including the function of each ingredient or cate-gory.
(Amendment 29)
Article 6(2a) (new)
2a. Member States shall ensure that the list of ingredi-
ents for each product, indicatingtar, nicotine and carbon
monoxide yields, is made public.
(Amendment 30)
Article 7, second paragraph (new)
However, as a derogation to the preceding paragraph, the
use of the terms ‘low tar’, ‘light’, ‘ultra light’, ‘mild’ or anyother similar terms shall be permitted when all of the fol-lowingconditions are met:
Ddash these terms are a substantial definingpart of a reg is-
tered trademark, rather than a brand-style variant of apre-existingreg istered trademark, and
Ddash the trademark was registered and genuinely and effec-
tively marketed prior to the date of adoption of thepresent directive.
Member States which authorise the use of such terms
shall notify the Commission thereof, together with theconditions applied to such authorisation. The Commissionshall present this information in the report referred to inArticle 11, together with any proposals for remedialaction required to resolve internal market disparitieswhich have been identified.C 232/152 EN 17.8.2001 Official Journal of the European Communities
Wednesday 13 December 2000
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
(Amendment 31)
Article 11, third paragraph
On submission of the first report, the Commission shall indi-
cate in particular the features which should be reviewed ordeveloped in the light of developments in scientific and techni-cal knowledge, including the development of internationallyagreed rules and standards on products, and shall pay special
heed to the subsequent reduction of the maximum yields laid
down in Article 3(1), to thepossible links between these yields,
to thedevelopment of standards concerning products other
than cigarettes, in particular rolling tobacco , and to the possibi-
lity of drawing up a common list of the ingredients referred to inArticle 6, taking into account inter alia their addictiveness. The
report shall also examine the links between the labellingrequirements laid down in Article 5 and consumer behaviour.That report shall be accompanied by any proposals for amend-ments to this Directive which the Commission deems neces-sary.On submission of the first report, the Commission shall indi-
cate in particular the features which should be reviewed ordeveloped in the light of developments in scientific and techni-cal knowledge, including the development of internationallyagreed rules and standards on products, and shall pay special
heed to:
wdash subsequent reduction of the maximum yields laid down in
Article 3(1),
wdash possible links between these yields,wdashimprovements in health warnings, in terms of size,
position and wording ,
wdashnew evidence regarding labelling and the printing on
cigarette packets of photographs or other illustrationsto depict and explain the health consequences ofsmoking,
wdashmethodologies for more realistically assessing and reg-
ulatingtoxic exposure and harm,
wdashevaluation of tobacco products which may have the
potential to reduce harm,
wdashdevelopment of standardised testingmethods to mea-
sure the yields of constituents in cigarette smokeother than tar, nicotine and carbon monoxide,
wdashtoxicological data to be required from manufacturers
on these ingredients and the manner in which theyshould be tested in order to allow public healthauthorities to assess the use of these ingredients,
wdash development of standards concerning products other than
cigarettes, in particular rolling tobacco.
The report shall also examine the links between the labelling
requirements laid down in Article 5 and consumer behaviour.That report shall be accompanied by any proposals for amend-
ments to this Directive which the Commission deems necessary
to adapt it to developments in the field of tobacco pro-ducts, to the extent necessary for the establishment andoperation of the internal market, and to take into accountany new development based on scientific facts and devel-opments on internationally agreed product standards.
(Amendment 46)
Article 11a (new)
Article 11a
At the latest two years after the date referred to in Arti-
cle 11, the European Parliament and the Council, actinginaccordance with the procedure laid down in Article 25117.8.2001 EN C 232/153 Official Journal of the European Communities
Wednesday 13 December 2000
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
of the Treaty, shall adopt a Directive establishinga com-
mon list of the ingredients referred to in Article 6 whichare authorised for tobacco products released for free cir-
culation, marketed or manufactured in the Member States.
(Amendment 33)
Article 13(2a) (new)
2a. As a derogation to paragraph 2, products other than
cigarettes which do not comply with the provisions ofthis Directive may continue to be marketed for threeyears after the date referred to in paragraph 1.
(Amendment 34)
Annex I
1. Smokers die younger. 1. Smokers die younger.
2. Smoking causes heart diseaseand strokes. 2. Smoking clogs the arteries and causes heart attacksand
strokes.
3. Smoking causes cancer. 3. Smoking causes fatal lung cancer.
4. Smoking when pregnant harmsyour baby. 4. Smoking when pregnant can harm your baby.
5. Protect children: don’t make them breathe your smoke. 5. Protect children: don’t make them breathe your smoke.
6. Your doctor can help you tostop smoking. 6. Your doctor or your pharmacist can help you stop smok-
ing.
7. Smoking is addictive. 7. Smoking is highlyaddictive, don’t start.
8. Stopping smoking reduces the risk of serious disease. 8. Stopping smoking reduces the risk of fatal heart and lung
diseases.
8a. Smokingcan cause a slow and painful death.
9. Get help to stop smoking: (telephone/postal address/inter-
net address/your doctor).9. Get help to stop smoking: (telephone/postal address/inter-
net address/ consultyour doctor /pharmacist ).
10. Smoking causes impotence. 10. Smoking may reduce the blood flow and causes impo-
tence.
11. Smoking causes ageing of the skin. 11. Smoking causes ageing of the skin.
11a. Smokingcan damag e the sperm and decreases ferti-
lity.
11b. Smoke contains benzene, nitrosamines, formalde-
hyde and hydrogen cyanide.C 232/154 EN 17.8.2001 Official Journal of the European Communities
Wednesday 13 December 2000
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT