Common Position (EC) No 46/2000 of 31 July 2000 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products
Date: 2000-07-31
Institutions: Council of the European Union
Subjects: approximation of laws, consumer information, labelling, sale, tobacco, tobacco industry

20.10.2000

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Official Journal of the European Communities

C 300/49

COMMON POSITION (EC) No 46/2000

adopted by the Council on 31 July 2000

with a view to adopting Directive 2000/.../EC of the European Parliament and of the Council of ...
on the approximation of the laws, regulations and administrative provisions of the Member
States concerning the manufacture, presentation and sale of tobacco products

(2000/C 300/05)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

tobacco products which impede the functioning of the
internal market.

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Having regard to the opinion of
Regions (3),

the Committee of

the

(3)

Those barriers should be eliminated and, to this end, the
rules relating to the manufacture, presentation and sale
of tobacco products should be approximated, while
leaving Member States the possibility of introducing,
under certain conditions, such requirements as they
consider necessary in order to guarantee the protection
of the health of individuals.

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (4),

(4)

Whereas:

(1)

Council Directive 89/622/EEC of 13 November 1989
on the approximation of
the laws, regulations and
administrative provisions of the Member States concern-
ing the labelling of tobacco products and the prohibition
of the marketing of certain types of tobacco for oral
use (5) was amended substantially by Council Directive
92/41/EEC (6). Since further amendments are to be
made to that Directive, as well as to Council Directive
90/239/EEC of 17 May 1990 on the approximation of
the laws, regulations and administrative provisions of
the Member States concerning the maximum tar yield of
cigarettes (7), those Directives should be recast in the
interests of clarity.

(2)

There are still substantial differences between the Mem-
ber States’
laws, regulations and administrative pro-
visions on the manufacture, presentation, and sale of

(1) OJ C 150 E, 30.5.2000, p. 43.
(2) OJ C 140, 18.5.2000, p. 24.
(3) OJ C 226, 8.8.2000, p. 5.
(4) Opinion of the European Parliament of ... (not yet published in
the Official Journal), Council Common Position of 31 July 2000
and Decision of the European Parliament of ... (not yet published
in the Official Journal).
(5) OJ L 359, 8.12.1989, p. 1.
(6) OJ L 158, 11.6.1992, p. 30.
(7) OJ L 137, 30.5.1990, p. 36.

In accordance with Article 95(3) of the Treaty, a high
level of protection in terms of health, safety, environ-
mental protection and consumer protection should be
taken as a basis, regard being had, in particular, to any
new developments based on scientific facts;
in view
of the particularly harmful effects of tobacco, health
protection should be given priority in this context.

(5)

(6)

(7)

Directive 90/239/EEC established maximum limits for
the tar yield of cigarettes marketed in the Member States
with effect from 31 December 1992. The carcinogenic
nature of tar makes it necessary to reduce further the
levels of tar in cigarettes.

Directive 89/622/EEC established a general warning to
be carried on the unit packaging of all tobacco products,
together with additional warnings exclusively for ciga-
rettes and, from 1992, extended the requirement for
additional warnings to other tobacco products.

Differences in rules concerning carbon monoxide are
liable to constitute barriers to trade and to impede the
smooth operation of the internal market. In addition,
cigarettes have been shown to produce amounts of
carbon monoxide which are hazardous to human health
and capable of contributing to heart disease and other
ailments.

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(8)

There are differences between the laws, regulations and
administrative provisions of the Member States on the
limitation of the maximum nicotine yield of cigarettes.
Such differences are liable to constitute barriers to trade
and to impede the smooth operation of the internal
market. Member States and scientific authorities have
raised specific problems of public health in a field which
has already been the subject of prior harmonisation
measures, which the Commission has examined.

(9)

Those obstacles should accordingly be eliminated and to
that end the release for free circulation, marketing and
manufacture of cigarettes should be made subject to
common rules not only concerning tar but also concern-
ing maximum nicotine and carbon monoxide levels.

(10)

Internationally applicable standards for tobacco prod-
ucts are one of the subjects of the negotiations for the
drafting of a World Health Organisation Framework
Convention on Tobacco Control.

(11)

For measuring the tar, nicotine and carbon monoxide
yields of cigarettes, reference should be made to ISO
standards 4387, 10315 and 8454, which are the only
internationally recognised standards, it being understood
that subsequent research and technological progress to
be promoted should make it possible to develop and use
more precise and reliable measurement methods for
cigarette yields and to develop measurement methods
for the other tobacco products.

(12)

In Directive 90/239/EEC, in view of particular socio-
economic problems, Greece was granted a derogation
from the time limits
the implementation of
for
maximum tar yields. That derogation should be main-
tained for the period stipulated.

(13) The presentation of warning labels and yields has
continued 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 unaccept-
able and are liable to constitute a barrier to trade and to
impede the operation of the internal market in tobacco
products, and should therefore be eliminated.
is
necessary to that end that the existing legislation be
strengthened and clarified, while ensuring a high level of
health protection.

It

(14) Provision should be made for batches of

tobacco
those products are
products to be marked so that
traceable for the purposes of monitoring compliance
with this Directive.

(15) The situation varies in the different Member States
regarding the ingredients and additives used in the
manufacture of tobacco products. A number of Member
States have neither existing legislation nor voluntary
agreements in place on those substances. Several Mem-
ber States in which such legislation or voluntary agree-
ments exist receive no information from tobacco manu-
facturers on the quantities of such ingredients and
additives present in particular tobacco products on a
brand name by brand name basis. An approximation of
the measures applicable in this field should be intro-
duced, resulting in greater transparency.

(16) The lack of

information together with the lack of
toxicological data prevent the relevant authorities in the
Member States from assessing in any meaningful manner
the toxicity of, and hazards posed to the health of the
consumer by, tobacco products. This is inconsistent
with the obligation placed on the Community to ensure
a high level of protection for human health.

(17) Tobacco products have been shown to contain and
emit many noxious substances and known carcinogens
hazardous to human health when burnt. In recent years
it has also been shown that passive smoking is dangerous
in particular to unborn children and infants and that it
can cause or aggravate respiratory problems in persons
inhaling smoke. Moreover, 80 % of new smokers in the
Community are below the age of 18. The greatest
possible transparency of product information should be
ensured, while ensuring that appropriate account is
taken of the commercial and intellectual property rights
of the tobacco manufacturers.

(18) The use on the packaging of tobacco products of certain
terms describing the product, which can mislead the
consumer, should be prohibited.

(19) Directive 89/622/EEC prohibited the sale in the Member
States of certain types of tobacco for oral use. Article 151
of the Act of Accession of Austria, Finland and Sweden
grants the Kingdom of Sweden a derogation from the
provisions of that Directive in this regard.

(20) Technical and scientific progress in the field of tobacco
products calls for regular re-evaluation of the provisions
and the application of this Directive in Member States.
To that end, provision should be made for a procedure
for the Commission to draw up regular reports sup-
ported by scientific and technical data. Certain data
ought to be examined with particular attention in this
context.

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(21)

In connection with the fixing of maximum yields, it
ought to be considered whether, on the one hand, it is
advisable at a later date to reduce the yields fixed and in
particular how, if at all, they are connected and, on the
other hand, whether standards on these matters should
be developed for products other than cigarettes,
in
particular rolling tobacco.

(22) As regards the other ingredients, including additives, it
ought to be considered whether, with a view to sub-
sequent harmonisation, it would be possible to draw up
a common list.

(23) The size of the internal market in tobacco products and
the increasing tendency of tobacco manufacturers to
concentrate production for the whole of the Community
in only a small number of production plants within the
Member States, calls for legislative action to achieve the
smooth operation of the internal market in tobacco
products to be carried out at Community rather than
national level.

(24)

In applying this Directive, provision should be made for
establishing time limits which allow, on the one hand,
completion to a maximum degree of efficiency of
the process of conversion already begun by Directive
90/239/EEC, and, on the other, consumers and manufac-
turers to adapt to products with a lower tar, nicotine
and carbon monoxide yield.

(25) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1).

(26) This Directive should be without prejudice to the time
limits within which the Member States must transpose
and apply the Directives set out in Annex II,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Aim

The aim of this Directive is to approximate the laws, regu-
lations and administrative provisions of the Member States
concerning the maximum tar, nicotine and carbon monoxide
yields of cigarettes and the warnings regarding health and
other information to appear on unit packets of tobacco
products,
together with certain measures concerning the
ingredients and the descriptions of tobacco products.

(1) OJ L 184, 17.7.1999, p. 23.

Article 2

Definitions

For the purposes of this Directive:

1.

2.

3.

4.

5.

‘tobacco products’ means products for the purposes of
smoking, sniffing, sucking or chewing, inasmuch as they
are, even partly, made of tobacco, whether genetically
modified or not;

‘tar’ means the raw anhydrous nicotine-free condensate
of smoke;

‘nicotine’ means nicotinic alkaloids;

‘tobacco for oral use’ means all products for oral use,
except those intended to be smoked or chewed, made
wholly or partly of tobacco, in powder or in particulate
form or in any combination of those forms, particularly
those presented in sachet portions or porous sachets, or
in a form resembling a food product;

‘ingredient’ means any substance or any constituent
except for tobacco leaf and other natural or unprocessed
tobacco plant parts used in the manufacture or prep-
aration of a tobacco product and still present in the
finished product, even if in altered form.

Article 3

Cigarettes: maximum tar, nicotine and carbon monoxide
yields

From 1 January 2004, the yield of cigarettes released for
1.
free circulation, marketed or manufactured in the Member
States shall not be greater than:

— 10 mg per cigarette for tar,

— 1 mg per cigarette for nicotine,

— 10 mg per cigarette for carbon monoxide.

2.
For the Hellenic Republic, as a temporary derogation,
the date of application of the maximum tar yield of cigarettes
manufactured and marketed within its territory, as referred to
in paragraph 1, shall be 1 January 2007.

Article 4

Measurement methods

The tar, nicotine and carbon monoxide yields of ciga-
1.
rettes shall be measured on the basis of ISO standards 4387
for tar, 10315 for nicotine, and 8454 for carbon monoxide.

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The accuracy of the tar and nicotine indications on packets
shall be verified in accordance with ISO standard 8243.

(a)

general warning:

2.
The tests referred to in paragraph 1 shall be carried out
or verified by testing laboratories which are approved and
monitored by the competent authorities of the Member States.

Member States shall send the Commission a list of approved
laboratories, specifying the criteria used for approval and the
methods of monitoring applied, by 31 December 2001, and
whenever any change is made.

3. Member States may also require tobacco manufacturers
or importers to carry out any other tests as may be laid down
by the competent national authorities in order to assess the
yield of other substances produced by their tobacco products
on a brand name-by-brand name basis and type-by-type basis
and in order to assess the effects of those other substances on
health, taking into account,
inter alia, their addictiveness.
Member States may also require that such tests be carried out
or verified in approved testing laboratories as laid down in
paragraph 2.

The results of tests carried out

4.
in accordance with
paragraph 3 shall be reported annually to the competent
national authorities.

Member States shall ensure the dissemination, by any appropri-
ate means, of information submitted in accordance with this
Article with a view to informing consumers and in so doing
shall take account, where appropriate, of any information
which constitutes a trade secret.

5.
Each year Member States shall communicate all data
and information submitted pursuant to this Article to the
Commission, which shall take account thereof when drawing
up the report referred to in Article 11.

Article 5

Labelling

1.
The tar, nicotine and carbon monoxide yields of ciga-
rettes measured in accordance with Article 4 shall be printed
on one side of the cigarette packet in the official language or
languages of the Member State where the product is placed on
the market, so that at least 10 % of the corresponding surface
is covered.

That percentage shall be raised to 12 % for Member States
with two official languages and to 15 % for Member States
with three official languages.

Each unit packet of tobacco products, except for tobacco
2.
for oral use and other smokeless tobacco products, must carry
the following warnings:

‘Smoking kills’

or

‘Smoking can kill’.

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
the retail sale of the product;

(b)

an additional warning taken from the list set out in
Annex I.

The additional warnings referred to above shall be rotated
in such a way as to guarantee their regular appearance.

That warning shall be printed on the other most visible
surface of the unit packet, and on any outside packaging,
with the exception of additional transparent wrappers,
used in the retail sale of the product.

Member States may determine the positioning of the warnings
on those surfaces in order to accommodate language require-
ments.

3.
Tobacco products for oral use, where their marketing is
permitted under Article 8, and smokeless tobacco products
shall carry the following warning:

‘This tobacco product can damage your health and is addictive’.

This 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 the retail
sale of the product.

Member States may determine the positioning of the warning
on that surface in order to accommodate language require-
ments.

4.
The warnings referred to in paragraphs 2 and 3 shall
cover respectively not less than 25 % of the external area of
the corresponding surface of the unit packet on which they
are printed. That proportion shall be increased to 27 % for
Member States with two official languages and to 30 % for
Member States with three official languages.

However, in the case of unit packets intended for products
other than cigarettes the most visible surface of which exceeds
100 cm2, the warnings referred to in paragraph 2 shall cover
an area of at least 25 cm2 on each surface. That area shall be
increased to 27 cm2 for Member States with two official
languages and 30 cm2 for Member States with three official
languages.

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The text of warnings and yield indications required under

5.
this Article shall be:

(a)

(b)

(c)

(d)

printed in black Helvetica bold type on a white back-
ground. In order to accommodate language requirements,
Member States shall have the right to determine the point
size of the font, provided that the font size specified in
their legislation is such as to occupy the greatest possible
proportion of the area set aside for the text required;

in lower-case type, except for the first letter of the
message and where required by grammar usage;

centred in the area in which the text is required to be
printed, parallel to the top edge of the packet;

for products other than those referred to in paragraph 3,
surrounded by a black border not less than 3 mm and
not more than 4 mm in width which in no way interferes
with the text of the warning or information given;

(e)

in the official language or languages of the Member State
where the product is placed on the market.

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
hidden, obscured or interrupted by other written or pictorial
matter or by the opening of the packet.

7. Member States may stipulate that the warnings referred
to in paragraphs 2 and 3 are to be accompanied by a reference,
outside the box for warnings, to the issuing authority.

8.
The batch number of the tobacco product allocated in
accordance with ISO standard 8243 shall be indicated on each
unit packet in any appropriate form that enables the origin of
the product to be identified.

Article 6

Further product information

1. Member States shall require all manufacturers and
importers of tobacco products to submit to them a list of all
ingredients, 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 the
inclusion of such ingredients in their tobacco products, and by
the toxicological data on these ingredients in burnt and
unburnt form and their effects on health, taking into account,
inter alia, their addictiveness.

The information referred to in the first subparagraph shall be
provided on a yearly basis and for the first time by 31 Decemb-
er 2002 at the latest.

2. Member States shall ensure the dissemination of the
information provided in accordance with this Article by any
appropriate means, with a view to informing consumers, and
in so doing shall take account, where appropriate, of any
information which constitutes a trade secret.

3.
Each year Member States shall communicate all data
and information submitted pursuant to this Article to the
Commission, which shall take account thereof when drawing
up the report referred to in Article 11.

Article 7

Product descriptions

The use of the terms ‘low tar’, ‘light’, ‘ultra light’, ‘mild’ or any
other similar terms, and without prejudice to the provisions of
Article 5(1) all information on the yields, which have the aim
or the direct or indirect effect of conveying the impression that
a particular tobacco product is less harmful than others, shall
be prohibited.

Article 8

Tobacco for oral use

Member States shall prohibit the placing on the market of
tobacco for oral use, without prejudice to Article 151 of the
Act of Accession of Austria, Finland and Sweden.

Article 9

Adaptations

The Commission shall,
in accordance with the procedure
laid down in Article 10(2), adapt to scientific and technical
progress:

(a)

(b)

the measurement methods laid down in Article 4 and the
definitions relating thereto;

the health warnings to be shown on unit packets of
tobacco products as set out in Annex I and the frequency
of rotation of the health warnings.

Article 10

Regulatory procedure

1.

The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

The period referred to in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopts its rules of procedure.

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Article 11

Report

No later than 31 December 2004, and every two years
thereafter, the Commission shall submit to the European
Parliament, the Council and the Economic and Social Com-
mittee a report on the application of this Directive.

With a view to drafting the report referred to in the first
paragraph, the Commission shall be assisted by scientific and
technical experts in order to have all the necessary information
available.

including the development of

On submission of the first report, the Commission shall
indicate in particular the features which should be reviewed or
developed in the light of developments in scientific and
inter-
technical knowledge,
nationally agreed 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 the possible links between
these yields, to the development of standards concerning
products other than cigarettes, in particular rolling tobacco,
and to the possibility of drawing up a common list of the
ingredients referred to in Article 6, taking into account, inter
alia, their addictiveness. 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 amendments to this Directive which the
Commission deems necessary.

Article 12

Import, sale and consumption of tobacco products

1. Member States may not, for considerations relating to
the limitation of the tar, nicotine or carbon monoxide yields
of cigarettes, to health warnings and other indications or to
other requirements of this Directive, prohibit or restrict the
import, sale or consumption of tobacco products which
comply with this Directive, with the exception of measures
taken for the purposes of verifying the data provided under
Article 4.

This Directive shall not affect the right of Member States
2.
to keep or introduce, in accordance with the Treaty, more
stringent rules concerning the manufacture, import, sale and
consumption of tobacco products which they deem necessary
in order to protect public health, in so far as such rules do not
prejudice the rules laid down in this Directive.

Article 13

Implementation

1. Without prejudice to the first paragraph of Article 14,
Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2001 at the latest. They shall
forthwith inform the Commission thereof.

When Member States adopt these provisions, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

Products which do not comply with the provisions of
2.
this Directive may continue to be marketed for one year after
the date referred to in paragraph 1.

3. Member States shall communicate to the Commission
the text of the provisions of domestic law which they adopt in
the field governed by this Directive.

Article 14

Repeal

Directives 89/622/EEC and 90/239/EEC are hereby repealed,
without prejudice to the obligations of Member States concern-
ing the time limits for transposition and application of the
Directives listed in Annex II.

References to the Directives repealed shall be construed as
references to this Directive and shall be read in accordance
with the correlation table in Annex III.

Article 15

Entry into force

This Directive shall enter into force on the day of its publication
in the Official Journal of the European Communities.

Article 16

Addressees

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

For the Council

The President

The President

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ANNEX I

List of additional health warnings (referred to in Article 5(2)(b))

1.

2.

3.

4.

5.

6.

7.

8.

9.

Smokers die younger.

Smoking causes heart disease and strokes.

Smoking causes cancer.

Smoking when pregnant harms your baby.

Protect children: don’t make them breathe your smoke.

Your doctor can help you to stop smoking.

Smoking is addictive.

Stopping smoking reduces the risk of serious disease.

Get help to stop smoking: (telephone/postal address/internet address/your doctor).

10. Smoking causes impotence.

11. Smoking causes ageing of the skin.

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Time limits for transposition and implementation of repealed Directives (referred to in Article 14)

ANNEX II

Directive

Time limits for transposition

Time limits for application

89/622/EEC (OJ L 359, 8.12.1989, p. 1)

1 July 1990

90/239/EEC (OJ L 137, 30.5.1990, p. 36)

18 November 1991

92/41/EEC (OJ L 158, 11.6.1992, p. 30)

1 July 1992

(1) For all the Member States except Greece.
(2) Derogation applying to Greece only.

31 December 1991
31December 1992
31 December 1993

31 December 1992 (1)
31 December 1997 (1)
31 December 1992 (2)
31 December 1998 (2)
31 December 2000 (2)
31 December 2006 (2)

1 July 1992
1 January 1994
31 December 1994

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ANNEX III

Correlation table

This Directive

Directive 89/622/EEC as amended
by Directive 92/41/EEC

Directive 90/239/EEC

Article 1

Article 1

Article 1

Article 2 points 1, 2 and 3

Article 2(1), (2) and (3)

Article 2(1)

Article 2, point 4

Article 2, point 5

Article 3(1)

Article 3(2)

Article 4(1) first subparagraph

Article 4(1) second subparagraph

Article 4(2) to (5)

Article 5(1)

Article 5(2) first subparagraph

Article 5(2) first subparagraph, (a)

Article 2(4)

Article 3(1)

Article 3(2)

Article 3(3)

Article 4(1)

Annex I

Article 5(2) first subparagraph, (b)

Article 4(2a)(a)

Article 2(2)

Article 2(3)

Articles 3 and 4

Article 5(2) second subparagraph

Article 5(3)

Article 5(4) first subparagraph

Article 5(4) second subparagraph

Article 5(5)

Article 5(6)

Article 5(7)

Article 5(8)

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12(1)

Article 12(2)

Article 13(1)

Article 13(2)

Article 13(3)

Article 14

Article 4(4)

Article 4(4)

Article 4(5)

Article 8(a)

Article 8(1)

Article 8(2)

Article 9(1)

Article 9(2)

Article 9(1)

Article 7(1)

Article 7(2)

Article 8(1)

Article 8(2)

Article 8(3)

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This Directive

Directive 89/622/EEC as amended
by Directive 92/41/EEC

Directive 90/239/EEC

Article 10

Annex I

Article 9

Article 15

Article 16

Annex I

Annex II

Annex III

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 7 January 2000 the Commission forwarded to the Council a proposal for a Council
Directive on the approximation of the laws, regulations and administrative provisions of the
Member States concerning the manufacture, presentation and sale of tobacco products, based
on Article 95 of the Treaty (1).

2.

3.

The European Parliament delivered its opinion on 14 June 2000 (2). The Economic and Social
Committee delivered its opinion on the proposal on 29 March 2000 (3), and the Committee of
the Regions did likewise on 12 April 2000 (4).

Following delivery of these opinions, on 28 June 2000 the Commission forwarded an amended
proposal to the Council (5).

4. On 31 July 2000, the Council agreed its Common Position in accordance with Article 251(2)

of the Treaty.

II. OBJECTIVES

The Directive, which is based on Article 95 of the Treaty, recasts two Directives on the tar yield of
cigarettes (6) and on the labelling of tobacco products, including the prohibition of certain types of
tobacco for oral use (7). It is designed to supplement and update those provisions in the light of
experience and scientific developments, and aims at a high level of public health protection.

III. ANALYSIS OF THE COMMON POSITION (8)

A.

AMENDED COMMISSION PROPOSAL

The Council adopted, either wholly, partly, or retaining only the substance, 15 amendments
proposed by the European Parliament which were taken up in the Commission proposal.

It also adopted two other amendments (40 and 41), which had initially been rejected by the
Commission and which concern Article 7, reinforcing that Article by a reference to information
on yields, as proposed by the Commission.

(1) OJ C 150, 30.5.2000, p. 43.
(2) Doc. 9341/00 CODEC 434 SAN 55.
(3) OJ C 140, 18.5.2000, p. 24.
(4) OJ C 226, 8.8.2000, p. 5.
(5) Doc. 10131/00 SAN 78 CODEC 526.
(6) Directive 90/239/EEC (OJ L 137, 30.5.1990).
(7) Directive 89/662/EEC, amended by Directive 92/41/EEC (OJ L 359, 8.12.1989 and OJ L 158, 11.6.1992).
(8) The numbering of the recitals, Articles and Annexes follows that adopted in the Common Position.

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B.

AMENDMENTS ACCEPTED BY THE COMMISSION BUT NOT TAKEN UP IN THE COMMON POSITION

— amendments 75, 11 and 15

The Council considered that the reference to the price of tobacco products was not
appropriate given the overall structure of the Directive, and the absence of provisions
relating to price in the Articles,

— amendment 3

The Council did not consider that a specific reference to the evaluation of tobacco
products designed to reduce risk was essential at this stage, since this was to be a priority
for study in the first report required by Article 11,

— amendments 5, 22 (second part) and 108

The Council felt that at this stage it was important to concentrate on improving the
accuracy and reliability of methods for measuring tar, nicotine and carbon monoxide
yields, and also on investigating the possibility of drawing up a common list of other
ingredients, with the question of measuring the latter being handled at a later stage,

— amendment 6

The Council considered that this exercise would be too difficult and costly,

— amendment 12

Although the Council did not believe it appropriate to highlight this aspect in a separate
recital, none the less it did note the importance of improving the evaluation of the effects
of tobacco products in connection with the need to ensure a high level of health protection
(see recitals 4 and 16, for example),

— amendment 13

The Council considered it more appropriate to refer to the protection of commercial and
intellectual property rights in relation to consumer information (see recital 17 and
Articles 4(4) and 6(2)). It therefore deleted the specific recital to which the Parliament’s
amendment refers,

— amendment 16

The Council felt that the text of this recital was too general in relation to the enacting
terms of the Directive, also given that action on factors determining health, including
smoking, was one of the areas of activity in the new programme which the Commission
had recently presented,

— amendment 18

The Council considered that its amended definition (see Article 2(5)), particularly with the
addition of the general expression ‘any component’, made the proposed amendment
superfluous,

— amendments 19 and 98

The Council felt that the possibility of an exemption, even a temporary one, for the
application of the new provisions to cigarettes exported out of the Community was not
justified, particularly given the problems of control which this exemption would have
raised,

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— amendment 107

The Council did not consider it appropriate to specify details such as those in this
amendment (see also comment on Amendment 12),

— amendment 24

The Council felt that, particularly given the significant margin of error in test results, and
while awaiting an improvement in their accuracy, annual disclosure of the results as
stipulated in the first subparagraph of Article 4(4) would be both less costly and more
reliable,

— amendments 25 and 39

With the wording of the second subparagraph of Article 4(4) and of Article 6(2), the
Council wanted to underline the importance ascribed to consumer information by
highlighting its overriding importance,

— amendments 26 and 116

The Council felt that the increase in dimensions requested by the Parliament, both for
yield indications and for warnings to be included on the packaging, was excessive given
that the percentages in Article 5(1) (10 %, 12 % and 15 % respectively) and Article 5(4)
(25 %, 27 % and 30 %), which match the Commission’s original proposal, were well over
those stipulated in current legislation (4 %, 6 % and 8 %).

The Council did not incorporate the Commission’s proposal that only the maximum authorised
yields laid down in Article 3(1) should be printed on the packets, judging that it was important
to inform consumers of the actual yields of cigarettes.

However, the Council explicitly stipulated that the connection between labelling and consumer
behaviour should be examined in the first report required by Article 11.

— amendment 29

The Council did not regard it as essential to stipulate the details required by the
amendment,

— amendment 44

Taking into consideration, among other factors, assurances given by the Commission as
regards the creation of a working party of independent multidisciplinary experts, and as
regards the priority to be given to drawing up a common approach on ingredients, the
Council felt it appropriate for the drafting of the first report to give guidance more general
than that contained in the amendment.

C.

PRINCIPAL CHANGES INTRODUCED BY THE COUNCIL

Other than the changes referred to in Section B, the following new features were introduced.

Preamble

The Council amended the preamble in order to ensure better correspondence with the text of
the enacting terms, by merging some recitals and deleting others, without substantially altering
the contents.

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Article 5 (labelling)

This Article was amended in order to improve its structure.

The Council also reintroduced a provision (see paragraph 7) taken from Directive 89/622/EEC
by providing for the possibility of naming the body which issued the warning, while specifying
that this should be stated outside the frame of the warning notice so as not to reduce its impact.

Annex I (additional warnings)

The Council introduced two additional warnings (10 and 11).