Council's recommendation on smoke- and aerosol-free environments

Amendments tabled for the plenary sitting on this text, in their own numbering series. This is a different set from the committee amendments tracked elsewhere on AmendEU, and is not counted in any of the site’s amendment totals.

1. Amendment 1The LeftJoint motion for a resolution · Recital C a (new)
   Amendment

   Ca. whereas tobacco control efforts are systematically opposed by the tobacco industry;

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2. Amendment 2The LeftJoint motion for a resolution · Recital D a (new)
   Amendment

   Da. whereas in December 2023, the European Ombudsman found that the Commission fails to ensure transparency across all its departments when it comes to meetings with tobacco lobbyists;

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3. Amendment 3The LeftJoint motion for a resolution · Paragraph 2
   Current text

   2. Welcomes the Commission’s proposal for an updated Council recommendation on smoke- and aerosol-free environments; considers the rise in the use of HTPs, e-cigarettes and other aerosol-emitting products in public, outdoor and indoor spaces to be a risk to public health; considers that further assessment is needed, especially on the recommendation’s impact on the hotel and catering sector;

   Amendment

   2. Welcomes the Commission’s proposal for an updated Council recommendation on smoke- and aerosol-free environments; considers the rise in the use of HTPs, e-cigarettes and other aerosol-emitting products in public, outdoor and indoor spaces, including in the hotel and catering sector, to be a risk to public health;

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4. Amendment 4The LeftJoint motion for a resolution · Paragraph 6
   Current text

   6. Calls on the Member States to extend bans on the use of smoke- and aerosol-emitting products to key outdoor areas; considers that they may include outdoor restaurants and cafés, workplaces, areas close to healthcare facilities, educational establishments, healthcare and other care facilities, public transportation including bus and tram stops, train stations and platforms, airports and recreational areas and other areas of congregation or high congestion, taking into account the risks posed by exposure;

   Amendment

   6. Calls on the Member States to extend bans on the use of smoke- and aerosol-emitting products to key outdoor areas; considers that they should include restaurants and cafés, workplaces, areas close to healthcare facilities, educational establishments, healthcare and other care facilities, public transportation including bus and tram stops, train stations and platforms, airports and recreational areas, as well as in outdoor spaces where social distancing cannot be ensured, including parks, beaches and entrances to public buildings and other areas of congregation or high congestion, taking into account the risks posed by exposure;

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5. Amendment 5The LeftJoint motion for a resolution · Paragraph 8
   Current text

   8. Calls on the Commission and the Member States to undertake studies and stimulate further research on the risks associated with second-hand exposure to heated tobacco and aerosols, including from e-cigarettes;

   Amendment

   8. Calls on the Commission and the Member States to promote awareness-raising activities in schools, and to undertake studies and stimulate further research on the risks associated with second-hand exposure to heated tobacco and aerosols, including from e-cigarettes;

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6. Amendment 6The LeftJoint motion for a resolution · Paragraph 10 a (new)
   Amendment

   10a. Underlines that there is a fundamental and irreconcilable conflict between the tobacco industry’s interests and the interests of public health policy;

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7. Amendment 7The LeftJoint motion for a resolution · Paragraph 11 a (new)
   Amendment

   11a. Underscores that the tobacco industry knowingly denied that its products were linked with cancer and falsely claimed there was no harm from second-hand smoke; condemns the fact that this misleading conduct continues today with tobacco, e-cigarette and other nicotine-producing companies concealing the addictive nature of their products, while directly targeting children and young adults with advertisements for their harmful products;

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8. Amendment 8The LeftJoint motion for a resolution · Paragraph 11
   Current text

   11. Calls on the Commission to propose, as soon as possible, a revision of the Tobacco Taxation Directive10, the Tobacco Advertising Directive11 and the Tobacco Products Directive, after having followed up on the scientific evaluations of the health risks related to e-cigarettes, HTPs and novel tobacco products, including the assessment of the risks of using these products compared to consuming other tobacco products; ______________ 10 Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco (codification) (OJ L 176, 5.7.2011, p. 24, ELI: http://data.europa.eu/eli/dir/2011/64/oj). 11 Directive 2003/33/EC of the European Parliament…

   Amendment

   11. Calls on the Commission to propose, as a matter of priority, a revision of the Tobacco Taxation Directive10, the Tobacco Advertising Directive11 and the Tobacco Products Directive; ______________ 10 Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco (codification) (OJ L 176, 5.7.2011, p. 24, ELI: http://data.europa.eu/eli/dir/2011/64/oj). 11 Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products (OJ L 152, 20.6.2003, p. 16, ELI: http://…

   Excerpt — full text in the official PDF.
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9. Amendment 9The LeftJoint motion for a resolution · Paragraph 10 b (new)
   Amendment

   10b. Calls on the Commission and the Member States to strictly implement Article 5.3 of the WHO FCTC to protect public health policies from commercial and other vested interests of the tobacco industry, notably by reinforcing transparency;

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10. Amendment 10PPEJoint motion for a resolution · Paragraph 2
    Current text

    2. Welcomes the Commission’s proposal for an updated Council recommendation on smoke- and aerosol-free environments; considers the rise in the use of HTPs, e-cigarettes and other aerosol emitting products in public, outdoor and indoor spaces to be a risk factor to public health; considers that further assessment is needed, especially on the recommendation’s impact on the hotel and catering sector;

    Amendment

    2. Welcomes the Commission’s proposal for an updated Council recommendation on smoke- and aerosol-free environments; considers the rise in the use of HTPs, e-cigarettes and other aerosol emitting products in public indoor spaces to be a risk factor to public health; considers that an impact assessment should have been conducted prior to the proposal to assess the risks to public health of new and emerging products, including the impact on the hotel, restaurant and catering sectors;

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11. Amendment 11PPEJoint motion for a resolution · Paragraph 4 a (new)
    Amendment

    4a. Reiterates its conclusion that e-cigarettes could allow some smokers to progressively quit smoking; considers, at the same time, that e-cigarettes should not be attractive to young people and non-smokers; believes that the updated Council recommendation and national provisions should take this perspective into account;

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12. Amendment 12ECRJoint motion for a resolution · Recital H a (new)
    Amendment

    Ha. whereas in Europe, the most common method of using cannabis still appears to be smoking it mixed with tobacco1a; whereas this brings additional health risks, while the associated nicotine dependence may also make treatment more difficult; whereas addressing the specific harm associated with smoking cannabis, especially in combination with tobacco, is an important but neglected topic; whereas smoking cannabis has physical and mental health consequences, some of which are irreversible; whereas the tobacco-free generation should also be understood as cannabis-free; whereas second-hand cannabis smoke contains many of the same toxic and cancer-causing chemicals found in tobacco smoke, some in…

    Excerpt — full text in the official PDF.
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13. Amendment 13ECRJoint motion for a resolution · Paragraph 1 a (new)
    Amendment

    1a. Urges the Member States and the Commission to consider extending the objective of the tobacco-free generation to cannabis too, as a part of tobacco is used to smoke cannabis; calls on the Member States to consider zero-tolerance policies to cannabis or to stop tolerating the use of cannabis-based products for smoking or any other recreational purpose; calls, furthermore, on the Member States to mobilise all possible means to tackle cannabis trafficking; calls on the Commission and the Member States to fund multicomponent campaigns that use social competence and influence approaches, correct normative misperceptions and develop social competences and refusal skills, as these appear to red…

    Excerpt — full text in the official PDF.
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14. Amendment 14ECRJoint motion for a resolution · Recital M
    Current text

    M. whereas the Eurobarometer data indicate that 74 % of respondents have experienced people smoking in outdoor terraces and 71 % of respondents have experienced people using e-cigarettes and HTPs in the same places; whereas the survey also indicates that there is public support for banning smoking in outdoor spaces where social distancing cannot be ensured, including parks, beaches and entrances to public buildings;

    Amendment

    M. whereas data from Eurobarometer 539 indicate that 74 % of respondents have experienced people smoking in outdoor terraces of drinking or eating establishments and 71 % of respondents have experienced people using e-cigarettes and HTPs in the same places; whereas these figures underline that businesses in the HORECA sector (representing hotels, restaurants, cafés and bars, including those with outdoor spaces, particularly on street pavements or in public squares, equipped with tables and chairs for customers) are particularly sensitive to smoking habits and possible further restrictions;

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15. Amendment 15ECRJoint motion for a resolution · Paragraph 4
    Current text

    4. Underlines that smoke-free environments protect the health of both non-smokers and smokers, as they prevent non-smokers from exposure and encourage smokers to reduce their consumption or stop smoking completely;

    Amendment

    4. Underlines that smoke-free environments protect the health of both non-smokers and smokers, as they prevent non-smokers from exposure and encourage smokers to reduce their consumption or stop smoking completely; furthermore recalls the need for policies to stick to the principle of harm reduction and recalls that new and emerging products may allow smokers to progressively quit smoking, as recognised in its previous resolutions on smoke-free environments and on non-communicable diseases; highlights that harm reduction policies should be based on scientific evidence and proportionality, as this improves their acceptance by citizens;

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16. Amendment 16ECRJoint motion for a resolution · Paragraph 5
    Current text

    5. Calls on the Member States to extend public bans on smoking to new and emerging products such as HTPs, e-cigarettes, and other aerosol-emitting products as appropriate, considering the available evidence of the risks posed by exposure;

    Amendment

    5. Regrets the fact that the Commission’s proposal does not clearly differentiate between the application of restrictions for traditional tobacco products and new and emerging products such as e-cigarettes, and does not apply a scientific evidence-based approach; regrets that the lack of differentiation with regard to smoke-free environments gives the wrong signal, undermines the use of new and emerging products for those switching entirely away from cigarettes and perpetuates misconceptions about their relative risks, as the Commission was unable to support its proposal with conclusive scientific evidence regarding the impact of second-hand aerosols;

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17. Amendment 17ECRJoint motion for a resolution · Paragraph 6
    Current text

    6. Calls on the Member States to extend bans on the use of smoke and aerosol-emitting products to key outdoor areas, considers that these may include outdoor restaurants and cafés, workplaces, areas close to healthcare facilities, educational establishments, healthcare and other care facilities, public transportation including bus and tram stops, train stations and platforms, airports and recreational areas and other areas of congregation or high congestion taking into account the risk posed by exposure;

    Amendment

    6. Calls on the Member States to properly evaluate public bans on smoking and the use of e-cigarettes, HTPs and other aerosol-emitting products before adopting and implementing them, to apply a scientific evidence-based approach and to take into account the fact that e-cigarettes and new and emerging products may allow some smokers to progressively quit smoking, as recognised in its previous resolutions on smoke-free environments and on non-communicable diseases;

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18. Amendment 18ECRJoint motion for a resolution · Paragraph 7
    Current text

    7. Considers that these bans should be designed in such a way as to ensure maximum protection, especially for children, young people, pregnant women and other vulnerable groups; notes, in this regard, that 14 Member States have already prohibited smoking in cars when minors are present;

    Amendment

    7. Considers that these bans should be designed in such a way as to ensure maximum protection, especially for children, young people, pregnant women and other vulnerable groups; notes, in this regard, that 14 Member States have already prohibited smoking in cars when minors are present; expresses concern about the significantly broader scope and the possible lack of proportionality and effectiveness of any general ban on smoking or tobacco products in outdoor areas, such as that proposed by the Commission in point 9 of its proposal for a Council recommendation, as well as concern about how feasible it might be to implement such a ban; calls on the Member States to properly evaluate public ba…

    Excerpt — full text in the official PDF.
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19. Amendment 19ECRJoint motion for a resolution · Paragraph 12
    Current text

    12. Invites the Commission to report to Parliament and the Council, four years after the adoption of this resolution, on the progress in its implementation and the implementation of the Council recommendation in the Member States;

    Amendment

    12. Invites the Commission to report to the European Parliament and the Council, four years after the adoption of this resolution, on the progress in its implementation and the implementation of the Council recommendations in the Member States; invites the Commission to evaluate also the potential impact of these measures on the value chains of the HORECA sector and on small and medium-sized enterprises, and to take into account possible evolutions of the market and the availability of tobacco-substitute products;

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20. Amendment 20PfEJoint motion for a resolution · Paragraph 1a (new)
    Amendment

    1a. Stresses that public health is and should remain primarily a competence of the Member States; regrets the lack of a proper and updated impact assessment and the failure to comply with the subsidiarity principle;

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21. Amendment 21PfEJoint motion for a resolution · Paragraph 6
    Current text

    6. Calls on the Member States to extend bans on the use of smoke- and aerosol-emitting products to key outdoor areas; considers that they may include outdoor restaurants and cafés, workplaces, areas close to healthcare facilities, educational establishments, healthcare and other care facilities, public transportation including bus and tram stops, train stations and platforms, airports and recreational areas and other areas of congregation or high congestion, taking into account the risks posed by exposure;

    Amendment

    6. Expresses concerns about the lack of proportionality and the potential economic impact of the imposition of outdoor bans, in particular those on restaurants, cafés and bars, especially in tourist regions where outdoor terraces are widely used and contribute to a substantial part of the income of the operators in this sector; highlights the fact that such bans negatively affect citizens’ freedom;

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