Notice tot members inzake de productie, de presentatie en de verkoop van tabak

Committee on Legal Affairs 13 maart 2013, Notice tot members 20/2013, (COM(2012)0788 – C7-0420/2012 – 2012/0366(COD))

Advies van het Portugese parlement over het voorstel voor de Richtlijn van het Europees Parlement en de Raad betreffende de harmonisatie van wetten inzake de productie, de presentatie en de verkoop van tabak en aanverwante producten. De Portugese Commissie voor Europese Zaken is van mening dat het voorstel in strijd is met het beginsel van subsidiariteit en het beginsel van evenredigheid.

Part I - Introductory note
Part II - Recitals
1. In general:
(a) Ingredients and emissions
(b) Packaging and labelling
(c) Traceability and security features
(d) Tobacco for oral use
(e) Cross-border distance sales of tobacco products
(f) Novel tobacco products
(g) Nicotine-containing products
(h) Herbal products for smoking

2. Hearings
3. Legal basis
4. Subsidiarity principle
5. Proportionality principle
Part III – Opinion

 

(a) Ingredients and emissions
In general the maximum yields of tar, nicotine and carbon monoxide as well as the measurement methods remain the same as in Directive 2001/37/EC. (...) The proposal establishes that tobacco products with characterising flavours, such as fruit flavours or chocolate, are prohibited.
Additives associated with energy and vitality (caffeine, taurine, etc), or which create the impression that products have health benefits (e.g. vitamins) are prohibited. (...)

(b) Packaging and labelling
The proposal foresees that combined warnings (picture plus text) of 75 % should be displayed on both sides of the packages of tobacco products, with an information message referring to harmful substances of tobacco.(...) requirements for packages. (...)

(c) Traceability and security features
The proposal foresees an EU tracking and tracing system at packet level for tobacco products throughout the supply chain (excluding retail).

(e) Cross-border distance sales of tobacco products
The proposal includes a notification obligation for retailers of tobacco products intending to engage in cross-border distance sales.

(f) Novel tobacco products
The introduction of a notification system for novel tobacco products will help to increase the knowledge base as regards these products with a view to possible future amendments to the Directive.

(h) Herbal products for smoking
The proposal foresees adapted health warnings for herbal products for smoking to inform consumers about the adverse health effects of these products. In addition, the packaging thereof may not include information likely to mislead consumers.

5. Proportionality principle
The principle of proportionality requires that the content and form of the proposed action should not exceed what is necessary to achieve the objectives of the Treaty (...)

Part III – Opinion
In light of the above-listed concerns and with reference to the report by the committee responsible, the Committee for European Affairs is of the opinion that:

The initiative under review infringes the principle of subsidiarity, in that where matters of joint responsibility are concerned the EU may only legislate in order to achieve results which cannot be obtained at local level, and because it withdraws powers from the Member States without demonstrating that the national parliaments would be unable to achieve the same or better results, which is a clear infringement of the principle of subsidiarity.
And, the initiative under review infringes the principle of proportionality, as EU law should not go beyond what is needed to achieve the aims of the Treaties. The initiative also clearly infringes the principle of proportionality by exceeding what is necessary to achieve its goal of developing the internal market.