European Parliament legislative resolution on the Council common position for adopting a European Parliament and 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 (9448/1/2000 - C5-0431/2000 - 1999/0244(COD))
Date: 2000-12-13
Institutions: European Parliament
Subjects: approximation of laws, consumer information, labelling, sale, tobacco, tobacco industry

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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 concerning the manufacture, presentation and sale of
tobacco products (9448/1/2000 - C5-0431/2000 - 1999/0244(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:17) having regard to the Council common position (9448/1/2000 (cid:17) C5-0431/2000) (1),

(cid:17) having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(1999) 594) (3),

(cid:17) having regard to the Commission’s amended proposal (COM(2000) 428) (4),

(cid:17) having regard to Article 251(2) of the EC Treaty,

(cid:17) having regard to Rule 80 of its Rules of Procedure,

(cid:17) having regard to the recommendation for second reading of the Committee on the Environment,

Public Health and Consumer Policy (A5-0348/2000),

1.

2.

Amends the common position as follows;

Instructs its President to forward its position to the Council and Commission.

COUNCIL
COMMON POSITION

AMENDMENTS
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 been
shown to produce amounts of carbon monoxide which are
hazardous to human health and capable of contributing to
heart disease and other ailments.

(7) Several Member States have indicated that, if mea-
sures establishing maximum carbon monoxide yields for
cigarettes are not adopted at Community level, they will
adopt such measures at national level. Differences in rules
concerning carbon monoxide are likely 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.

‘Texts Adopted’ of 14.6.2000, p. 4.

(1) OJ C 300, 20.10.2000, p. 49.
(2)
(3) OJ C 150, 30.5.2000, p. 43.
(4) OJ C 337 E, 28.11.2000, p. 177.

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COMMON POSITION

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AMENDMENTS
BY PARLIAMENT

(Amendment 48)
Recital 7a (new)

(7a) A revision of the regulatory framework needs to
evaluate evidence-based claims
tobacco products
designed and/or marketed to ‘reduce risk’, or for which
harm reduction is claimed by the manufacturers.

for

(Amendment 4)
Recital 9a (new)

(9a) This Directive will also have consequences for
tobacco products which are exported from the European
Union. 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 of
Justice 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 and
labelling of genetically modified organisms.

(Amendment 5)
Recital 11a (new)

(11a) There are no internationally recognised standards
or tests for quantifying and assessing the yields of consti-
tuents in cigarette smoke other than tar, nicotine and car-
bon monoxide. A procedure for development of such
standards, in consultation with the International Standards
Organisation, 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 a
barrier to trade and to impede the operation of the internal
market 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 a
barrier to trade and to impede the operation of the internal
market 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 to
ensure the effectiveness of health warnings, these should
also be displayed on tobacco vending machines, which are
particularly attractive to young people.

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COUNCIL
COMMON POSITION

AMENDMENTS
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) Pending the establishment of the common list of
ingredients referred to in Article 11a, Member States
should provide for the prohibition of the use of ingredi-
ents which have the effect of increasing the addictive
properties of tobacco products, since the use of such
ingredients may undermine the limits on nicotine levels
laid 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 part
of a registered trademark which is already genuinely and
effectively marketed rather than a brand-style variant of a
pre-existing registered trademark. A mechanism to notify
such 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 be
developed 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,
drawing up 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 Community
spending on prevention of cancer and cardiovascular dis-
eases.

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COMMON POSITION

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AMENDMENTS
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 monoxide
yields of cigarettes and the warnings regarding health and
other 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 monoxide
yields of cigarettes and the warnings regarding health and
other information to appear on unit packets of tobacco pro-
ducts, together with certain measures concerning the ingredi-
ents and the descriptions of tobacco products, taking as 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 they
are, even partly, made of
tobacco, whether genetically
modified or not;

1.

‘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, 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 tobacco
plant parts used in the manufacture or preparation of a
tobacco 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 tobacco
plant parts used in the manufacture or preparation of a
tobacco product and still present in the finished product,
even if in altered form, including paper, 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 the
European Union but exported from the European Union,
Member States may apply the yield limits laid down in
this Article as from 1 January 2005 but shall in any event
apply 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 increasing
the addictive properties of tobacco products.

Member States which provide for such prohibition shall
notify the Commission thereof.

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COMMON POSITION

AMENDMENTS
BY PARLIAMENT

(Amendment 21)
Article 4(4), first subparagraph

4.
The results of tests carried out in accordance with para-
graph 3 shall be reported annually to the competent national
authorities.

4.
The results of tests carried out pursuant to paragraph 3
shall be disclosed to the relevant national authorities when-
ever there is a change in the composition of the ingredi-
ents.

(Amendment 22)
Article 5(2), introduction and (a)

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

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

(a) general warning:

(a) general warning:

‘Smoking kills’

or

‘Smoking can kill’

‘Passive smoking harms those around you, especially
children’

or

‘Smoking kills half a million people each year in the
European Union’
(with Member States having the
option of printing the words ‘Smoking kills’ in a lar-
ger font or emphasising them by other means)

or

‘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 the
retail 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 the
retail 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 warning be allocated
to the printing of colour photographs or other illustra-
tions to depict and explain the health consequences of
smoking.

(Amendment 24)
Article 5(4), first subparagraph

4.
The warnings referred to in paragraphs 2 and 3 shall cover
respectively not less than 25 % of the external area of the corre-
sponding surface of the unit packet on which they are printed.

The general warning required pursuant

4.
to para-
graph 2(a) and the warning for smokeless and oral tobacco
less
products referred to in paragraph 3 shall cover not

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COMMON POSITION

That proportion shall be increased to 27 % for Member States
with two official languages and to 30 % for Member States with
three official languages.

Wednesday 13 December 2000

AMENDMENTS
BY PARLIAMENT

than 30 % of the external area of the corresponding surface of
the unit packet of tobacco on which it is printed. 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 warning required pursuant
to para-
graph 2(b) shall cover not less than 40 % of the external
area of the corresponding surface of the unit packet
of tobacco on which it is printed. That proportion shall
be increased to 45 % for Member States with two official
languages and 50 % for Member States with three official
languages.

(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
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 lan-
guages and 30 cm2 for 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
50 cm2, the warnings referred to in paragraph 2 shall cover an
area of at least 15 cm2 on each surface. That area shall be
increased to 17 cm2 for Member States with two official lan-
guages and 20 cm2 for 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 by
means of stickers, provided that such stickers are irremo-
vable.

(Amendment 28)

Article 5a (new)

Article 5a

Special conditions regarding tobacco vending machines

Where tobacco is sold from vending machines, the general
warning provided for in Article 5(2) (a) and the additional
warning set out in Annex I shall be displayed in a legible
manner on such machines.

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COMMON POSITION

AMENDMENTS
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 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.

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 Member
State. This list shall be accompanied by a statement setting
out the reasons for the inclusion of such ingredients in their
tobacco products, and by any available toxicological data on
these ingredients and their effects on health,
taking into
account 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 a
in descending order by
single category for flavourings,
weight, 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, indicating tar, 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 any
other similar terms shall be permitted when all of the fol-
lowing conditions are met:

- these terms are a substantial defining part of a regis-
tered trademark, rather than a brand-style variant of a
pre-existing registered trademark, and

- the trademark was registered and genuinely and effec-
tively marketed prior to the date of adoption of the
present directive.

Member States which authorise the use of such terms
shall notify the Commission thereof, together with the
conditions applied to such authorisation. The Commission
shall present this information in the report referred to in
Article 11,
together with any proposals for remedial
action required to resolve internal market disparities
which have been identified.

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COMMON POSITION

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AMENDMENTS
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 or
developed in the light of developments in scientific and techni-
cal knowledge,
including the development of internationally
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 possibi-
lity of drawing up a common list of the ingredients referred to in
inter alia their addictiveness. The
Article 6,
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 neces-
sary.

taking into account

On submission of the first report, the Commission shall indi-
cate in particular the features which should be reviewed or
developed in the light of developments in scientific and techni-
cal knowledge,
including the development of internationally
agreed rules and standards on products, and shall pay special
heed to:
(cid:17) subsequent reduction of the maximum yields laid down in

Article 3(1),

(cid:17) possible links between these yields,
(cid:17) improvements in health warnings, in terms of size,

position and wording,

(cid:17) new evidence regarding labelling and the printing on
cigarette packets of photographs or other illustrations
to depict and explain the health consequences of
smoking,

(cid:17) methodologies for more realistically assessing and reg-

ulating toxic exposure and harm,

(cid:17) evaluation of tobacco products which may have the

potential to reduce harm,

(cid:17) development of standardised testing methods to mea-
sure the yields of constituents in cigarette smoke
other than tar, nicotine and carbon monoxide,

(cid:17) toxicological data to be required from manufacturers
on these ingredients and the manner in which they
should be tested in order to allow public health
authorities to assess the use of these ingredients,

(cid:17) 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 and
operation of the internal market, and to take into account
any 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, acting in
accordance with the procedure laid down in Article 251

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COMMON POSITION

AMENDMENTS
BY PARLIAMENT

of the Treaty, shall adopt a Directive establishing a com-
mon list of the ingredients referred to in Article 6 which
are 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 of
this Directive may continue to be marketed for three
years after the date referred to in paragraph 1.

(Amendment 34)

Annex I

1.

Smokers die younger.

1.

Smokers die younger.

2.

Smoking causes heart disease and strokes.

Smoking clogs the arteries and causes heart attacks and

2.
strokes.

3.

Smoking causes cancer.

3.

Smoking causes fatal lung cancer.

4.

Smoking when pregnant harms your 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 to stop smoking.

6. Your doctor or your pharmacist can help you stop smok-
ing.

7.

Smoking is addictive.

7.

Smoking is highly addictive, don’t start.

8.

Stopping smoking reduces the risk of serious disease.

Stopping smoking reduces the risk of fatal heart and lung

8.
diseases.

8a.

Smoking can 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/consult your doctor/pharmacist).

10.

Smoking causes impotence.

Smoking may reduce the blood flow and causes impo-

10.
tence.

11.

Smoking causes ageing of the skin.

11.

Smoking causes ageing of the skin.

11a. Smoking can damage the sperm and decreases ferti-
lity.

11b. Smoke contains benzene, nitrosamines, formalde-
hyde and hydrogen cyanide.