ASSEMBLY OF THE REPUBLIC

Committee on European Affairs

DRAFT RESOLUTION No. 622 /XII/2.

Approves Reasoned Opinion on the violation of the Principle of

Subsidiarity by the Proposal for a Directive of the European Parliament and of the

Council on the approximation of the provisions of laws,

regulatory and administrative of the Member States in respect of

to the manufacture, presentation and sale of tobacco products and products

related

Exhibition of Motives

1-In accordance with the provisions of Article 3 of the Protocol on the role of

National parliaments in the European Union, annexed to the Treaty of Lisbon, " the

National parliaments can address the Presidents of the European Parliament, of the

Council and of the Commission a reasoned opinion on the compliance of

determined legislative act project with the principle of subsidiarity, in the terms

of the Protocol on the application of the principles of subsidiarity and

proportionality ".

2-The Protocol on the application of the Principles of Subsidiarity and of the

Proportionality, annexed to the Treaty of Lisbon, statue in its Article 6 that any

National parliament may " within eight weeks from the date of dispatch of a

legislative act project, in the official languages of the Union, direct to the Presidents of the

European Parliament, of the Council and of the Commission a reasoned opinion in which

expose the reasons why you consider that the project in question does not comply with the

principle of subsidiarity ".

3-A Law No. 43/2006 of August 25, amended by Law No 21/2012 of May 17,

statui, in Article 3 (3), that the opinion which, having been approved by the Commission

of European Affairs, conclude by the violation of the principle of subsidiarity (and of the

ASSEMBLY OF THE REPUBLIC

Committee on European Affairs

proportionality, in this case) is submitted to Plenary, for the purpose of discussion and

voting, in the form of draft resolution.

4-A The European Commission sent to the Assembly of the Republic on the January 3 of

2013, the Portuguese version of the Directive Proposal of the European Parliament and of the

Council on the approximation of laws, regulations and

administrative of the Member States with respect to the manufacture, presentation and

sale of tobacco products and related products [COM (2012) 788].

5-A This Directive Proposal comes up with the global goal of improving the

operation of the internal market, updating the already harmonized domains,

including new measures not yet covered by the previous directive and ensuring that

the legislation cannot be circumvented.

6-A Committee on European Affairs referred the said initiative to the Commission of

Economics and Public Works and the Health Commission, which analyzed the said

proposal and elaborated the corresponding Reports, which were remitted to the

European Affairs Committee for elaboration of a final Opinion.

7-A Committee on European Affairs, within the framework of its competences, approved in the

meeting of February 26, 2013, reasoned opinion, in which it sustains the

violation of the principle of subsidiarity and the principle of proportionality.

8-Pursuant to Article 3 (4) of the Law No 43/2006 of August 25, amended by

Law No. 21/2012 of May 17, was requested to appear to the Legislative Assemblies of the

Autonomous Regions, which they have pronounced properly and in good time.

9-A Directive Proposal violates the principle of subsidiarity, to the extent that in

matters of shared competence, the EU can only legislate to achieve

results that could not be reached at the local level and because it withdraws competence

to states without demonstrating that national parliaments would not be able to

achieve the same or best results, in an evident and clear violation of the

principle of subsidiarity.

ASSEMBLY OF THE REPUBLIC

Committee on European Affairs

10-A Proposal of Directive violates the principle of proportionality once the

EU legislation should not exceed what is necessary to achieve the goals of the

Treaties but also because this exceeds that necessary for the pursuit of the

its objective of development of the internal market, in a clear violation of the principle

of proportionality.

It is thus considered that the principles of subsidiarity and

proportionality are not met for the reasons mentioned above.

Thus, in accordance with Article 166 (5) of the Constitution of the Republic

Portuguese and Article 3 (3) of the Law No 43/2006 of August 25, amended

by Law No. 21/2012 of May 17, the Assembly of the Republic resolves to direct

to the Presidents of the European Parliament, the Council and the European Commission o

following reasoned opinion on the failure to comply with the principle of

subsidiarity by the Proposal for a Directive of the European Parliament and of the Council

with respect to the manufacture, presentation and sale of tobacco products and

related products [COM (2012) 788]:

 The proposal for a directive of the European Parliament and of the Council violates the

principle of subsidiarity in so far as the goal to be achieved does not

is more effectively achieved through this action of the Union.

Assembly of the Republic, February 26, 2013

P ' The President of the Commission

(Paulo Mota Pinto)