CELEX: 51989PC0398
Language: en
Date: 1989-07-26
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING THE MAXIMUM TAR YIELD OF CIGARETTES

No C 228/12                          Official Journal of the European Communities                        5. 9. 89
                                                            II
                                                     (Preparatory Acts)
                                                COMMISSION
            Amended Proposal for a Council Directive concerning the maximum tar yield of cigarettes (')
                                             COM(89) 398 final — SYN 117
            (submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 9 August 1989)
                                                       (89/C 228/09)
            (») OJ No C 48, 20. 2. 1988, p. 11.
                       ORIGINAL TEXT                                             MODIFIED PROPOSAL
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European            Unchanged
Economic Community, and in particular Article 100
thereof,
Having regard to the proposal from the Commission,
In cooperation with the European Parliament ('),
Having regard to the opinion of the Economic and
Social Committee,
Whereas there are differences between the laws, regu-            Unchanged
lations and administrative provisions of the Member
States on the limitation of the maximum tar content of
cigarettes; whereas such differences are liable to
constitute barriers to trade and to impede the estab-
lishment and operation of the internal market;
Whereas those obstacles should accordingly be elim-               Unchanged
inated; whereas to that end the marketing and free
movement of cigarettes must be made subject to uniform
rules concerning maximum tar content;
 0) OJ C 237 of 12. 9. 1988, p. 49.
 ---pagebreak--- 5. 9. 89                              Official Journal of the European Communities                        No C 228/13
                       ORIGINAL TEXT                                                MODIFIED PROPOSAL
Whereas such common rules must take due account of              Unchanged
public health protection;
Whereas the higher the tar content of smoked tobacco,           Unchanged
the greater the risk of lung cancer; whereas the
European Council held in Milan on 28 and 29 June 1985
stressed the importance of launching a European action
programme against cancer;
Whereas in their resolution of 7 July 1986 ('), the             Unchanged
Council and the representatives of the Governments of
the Member States meeting within the Council
considered that measures to combat smoking were a
priority;
                                                                Whereas in applying this Directive provision should be
                                                                made for establishing deadlines which allow, on the one
                                                                hand, completion to a minimum degree of efficiency of
                                                                the process of conversion to other varieties which has
                                                                already begun, and, on the other, consumers and manu-
                                                                facturers to adapt to products with a lower tar yield;
Whereas this Directive contains minimum provisions              Deleted
which will be reviewed on the basis of experience gained,
the development of techniques and medical knowledge in
this area, the objective being to achieve greater
protection of individuals,
HAS ADOPTED THIS DIRECTIVE:                                     HAS ADOPTED THIS DIRECTIVE:
                         Article 1                                                      Article 1
The objective of this Directive is the harmonization of         Unchanged
the laws, regulations and administrative provisions of the
Member States concerning the maximum tar yield of
cigarettes, taking as a base a high level of health
protection.
                         Article 2                                                      Article 2
1.    For the purposes of this Directive, 'tar' means the       Unchanged
raw anhydrous nicotine-free condensate of smoke.
2.    The tar yield of cigarettes marketed in the Member
States shall not be greater than 15 mg on 31 December
1992 and 12 mg on 31 December 1993.
                         Article 3                                                      Article 3
The tar yield of cigarettes shall be measured under the         The tar yield of cigarettes shall be measured under the
authority of the Member States by method ISO 4387 or            authority of the Member States by method ISO 4387 and
any other method giving equivalent results.                     method ISO 3400. The verification must be carried out
                                                                with method ISO 8243.
(') OJ C 184 of 23. 7. 1986, p. 19.
 ---pagebreak--- No C 228/14                          Official Journal of the European Communities                                 5. 9. 89
                       ORIGINAL TEXT                                                MODIFIED PROPOSAL
                          Article 4                                                     Article 4
Adaptation of technical progress in accordance with the        Adaptation to technical progress in accordance with the
procedure provided for in Article 6 shall be limited to the    procedure provided for in Article 6 shall be limited to the
tar yield values specified in Article 2 (2) and to the         method of measuring the tar yield referred to in Article
methods of measuring the tar yield referred to in Article       3.
3.
                          Article 5                                                     Article 5
With a view to the adaptation to technical progress            Unchanged
referred to in Article 4, the Commission shall be assisted
by a committee of an advisory nature composed of
representatives of the Member States and chaired by the
representative of the Commission.
                          Article 6                                                     Article 6
The representatives of the Commission shall submit to           Unchanged
the committee a draft of the measures to be taken. The
committee shall deliver its opinion on the draft, within a
time limit which the chairman may lay down according
to the urgency of the matter, if necessary by taking a
vote.
The opinion shall be recorded in the minutes; in
addition, each Member State shall have the right to ask
to have its position recorded in the minutes.
The Commission shall take the utmost account of the
opinion delivered by the Committee. It shall inform the
committee of the manner in which its opinion has been
taken into account.
                          Article 7                                                      Article 7
The Member States may not prohibit or restrict the sale         Member States may not, for considerations of the limi-
of products which conform to this Directive.                    tation of tar yield of cigarettes, prohibit or restrict the
                                                                sale of products which conform to this Directive.
                          Article 8                                                      Article 8
 1.   Member States shall bring into force the laws,            Unchanged
regulations or administrative provisions necessary to
comply with this Directive within 18 months of its notifi-
cation. They shall forthwith inform the Commission
thereof. However, a supplementary period of two years
is hereby granted for the sale of existing products which
do not comply with this Directive.
2.    Member States shall communicate to the
Commission provisions of national law which they adopt
in the field governed by this Directive.
                          Article 9                                                      Article 9
This Directive is addressed to the Member States.               Unchanged