Proposal for a directive COM(90) 0538 - SYN 314

Proposal for a Council directive amending Directive 89/622/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products

Approved with the following amendments:

Text proposed by the CommissionOJ No. C 29, 5.2.1991, p. 5 Text amended by Parliament

(Amendment No. 1)

Title

Proposal for a Council directive amending Directive 89/622/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products

Proposal for a Council directive amending Directive 89/622/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products and prohibiting the production and placing on the market of certain tobacco products

(Amendment No. 2)

Fourteenth recital

Whereas there are differences between the laws, regulations and administrative provisions of the Member States in respect of oral moist snuff tobaccos; whereas these products therefore need to be made subject to common rules;

Whereas there are differences between the laws, regulations and administrative provisions of the Member States in respect of oral snuff tobaccos; whereas these products therefore need to be made subject to common rules;

(Amendment No. 3)

Fifteenth recital

Whereas there is a real risk that oral moist snuff tobaccos could be used, particularly by young person, as substitutes for smoking tobacco products, causing nicotine addiction, if restrictive measures are not taken in time;

Whereas there is a real risk that oral snuff tobaccos could be used, particularly by young person, as substitutes for smoking tobacco products, causing nicotine addiction, if restrictive measures are not taken in time;

(Amendment No. 5)

ARTICLE 1(-1) (new)

Title (Directive 89/622/EEC)

- 1. The title is replaced by the following:

Council Directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products and prohibiting the production and placing on the market of certain tobacco products

(Amendment No. 6)

ARTICLE 1(1)

Article 2 (Directive 89/622/EEC)

1. Article 2 is amended as follows:

1. Deleted

(a) Point 1 is replaced by the following:

"1. 'tobacco products' means products for the purpose of smoking, sniffing, sucking or chewing, with the exception of oral moist snuff tobaccos, inasmuch as they are, even partly, made of tobacco;"

(b) The following point (4) is added:

"4. 'oral moist snuff tobaccos' means all products made wholly or partly of moistened tobaccos, in fine-cut, ground or particulate form or in any combination of these forms, which are for oral use other than smoking;"

(Amendment No. 7)

ARTICLE 1 (1a) (new)

Article 3(4a)(new) (Directive 89/622/EEC)

1a. The following paragraph 4a is inserted in Article 3 :

'4a. Not later than 31 December 1991, the Commission shall submit proposals for measuring standards for tar and nicotine in tobacco products other than packet cigarettes.

Parallel to the above, the Commission shall take account of those standards in order to propose appropriate revisions to this Directive and to Directive 90/239/EEC on maximum authorized tar and nicotine yields with a view to widening the scope of the latter to include tobacco products other than cigarettes.'

(Amendment No. 8)

ARTICLE 1(2)(a)

Article 4(2)(b) (Directive 89/622/EEC)

(b)The unit packets of cigars, cigarillos, pipe tobacco or other smoking tobacco products with the exception of cigarettes and rolling tobacco shall carry, in addition to the general warning provided for in paragraph 1, a specific warning. To this end, each Member State shall draw up a list of warnings taken exclusively from those listed in the Annex, with the exception of warning No. 2 in part A of the Annex.

(b)The unit packets of pipe tobacco or other smoking tobacco products with the exception of cigarettes and rolling tobacco shall carry, in addition to the general warning provided for in paragraph 1, a specific warning. To this end, each Member State shall draw up a list of warnings taken exclusively from those listed in the Annex, with the exception of warning No. 2 in part A of the Annex.

(Amendment No. 9)

ARTICLE 1(2)(a)

Article 4(2), second and third subparagraphs (new)

The Commission shall provide financial support to enable scientific studies to be conducted with a view to demonstrating the existence of a link between the incidence of cardiovascular diseases and consumption of smoking tobacco products other than cigarettes.

On the basis of the findings of those studies, it shall propose, where appropriate, that the warning No. 2 provided for in part A of the Annex be extended to cover the above products by 31 December 1993 at the latest.

(Amendment No. 12)

ARTICLE 2(1)

1. The prohibition of moist snuff tobacco products shall enter into force before 1 July 1992.

1. The prohibition of snuff tobacco products shall enter into force before 1 July 1992.

(Amendment No. 16)

ARTICLE 2(3)

3. Member States shall bring into force the provisions referred to in paragraph 2 before 31 December 1992. Nevertheless, products existing at that date which do not comply with Article 1(2)(a) may still be marketed until 31 December 1993.

3. Member States shall bring into force the provisions referred to in paragraph 2 before 31 December 1992. Nevertheless, products existing at that date which do not comply with this Directive may still be marketed:

- in the case of cigarettes until 31 December 1993,

- in the case of other tobacco products until 31 December 1994.

A3-0106/91

LEGISLATIVE RESOLUTION

(Cooperation procedure: first reading)

embodying the opinion of the European Parliament on the Commission proposal for a Council directive amending Directive 89/622/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products

The European Parliament,

- having regard to the Commission proposal to the Council (COM(90) 0538 -SYN 314)OJ No. C 29, 5.2.1991, p. 5,

- having been consulted by the Council pursuant to Article 100a of the EEC Treaty (C3-0042/91),

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinion of the Committee on Economic and Monetary Affairs and Industrial Policy (A3-0106/91),

1. Approves the Commission proposal subject to Parliament's amendments and in accordance with the vote thereon;

2. Calls on the Commission to amend its proposal accordingly, pursuant to Article 149(3) of the EEC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 149(2)(a) of the EEC Treaty;

4. Instructs its President to forward this opinion to the Council and Commission.