5. 2. 91 Official Journal of the European Communities No C 29/5 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Articles 5 to 16 unchanged 
Annex I unchanged 
Annex II, points 1, 2 and 2.1 unchanged 
Point 2.2 Point 2.2 
2.2. mechanical aspects with a bearing on road safety; in 
particular they must be sufficiently familiar with, 
and be able to put right, the most common faults in 
the steering system, tyres, lights and direction indi­
cators, reflectors, rear-view mirrors, windscreen 
washers and wipers, the exhaust system and 
seatbelts; 2.2. mechanical aspects with a bearing on road safety; in 
particular they must be sufficiently familiar with the 
most common faults in the steering system, tyres, 
lights and direction indicators, reflectors, rear-view 
mirrors, windscreen washers and wipers, the exhaust 
system and seatbelts; 
Points 2.3 to 2.14 unchanged 
Points 3 to 13 unchanged 
Annex III unchanged 
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 
COM(90) 538 final — SYN 314 
(Submitted by the Commission on 16 November 1990) 
(91/C 29/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the opinion of the Economic and 
Social Committee, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100a 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, Whereas there are differences between the laws, regu­
lations and administrative provisions of the Member 
States on the labelling of tobacco products; whereas 
these differences are likely to constitute barriers to trade 
and to impede the establishment and operation of the 
internal market; 
Whereas these possible barriers should be eliminated; 
whereas, to that end, the marketing and free movement 
of tobacco products should be made subject to common 
rules concerning labelling; 
No C 29/6 Official Journal of the European Communities 5.2.91 
Whereas such common rules must take due account of 
public health protection, and of the protection of young 
persons in particular, taking as a base a high level of 
protection, according to Article 100a (3) of the Treaty; 
Whereas the Council and the representatives of the 
Governments of the Member States, meeting within the 
Council, in their resolution of 7 July 1986 on a 
programme of action of the European Communities 
against cancer ('), set for this programme the objective of 
contributing to an improvement of the health and quality 
of life of citizens within the Community by reducing the 
number of cancers; whereas they have for this purpose 
identified a fight against the use of tobacco products as 
their prime objective; 
Whereas, for the purposes of providing objective infor­
mation on the risks entailed in tobacco consumption, 
Council Directive 89/622/EEC (2) established a general 
warning to be carried on the unit packaging of all 
tobacco products, together with additional warnings 
exclusively for cigarettes; 
Whereas the Commission, at the request of the Council, 
undertook to propose an amendment to Directive 
89/622/EEC so as to establish additional warnings to be 
carried on the unit packaging of tobacco products other 
than cigarettes; 
Whereas scientific experts are of the opinion that all 
tobacco products carry health risks; 
Whereas, in relation to their effects on health and for the 
purposes of their labelling, a distinction needs to be 
made between smoking tobacco products and smokeless 
tobacco products; 
Whereas rolling tobaccos carry the same health risks as 
cigarettes and it is therefore appropriate that the specific 
warnings selected for cigarettes should also apply to 
rolling tobaccos; 
Whereas other smoking tobacco products carry similar 
health risks to those carried by cigarettes, but there are 
still reservations concerning their contribution to heart 
disease; whereas these products should therefore be 
required to carry the specific warnings selected for ciga­
rettes and rolling tobacco, with the exception of the 
warning concerning heart disease; 
Whereas it has been proved that smokeless tobacco 
products can provoke cancer and that, consequently, 
they must be subject to a specific warning on tobacco 
products; 
O OJ No C 184, 23. 7. 1986, p. 19. 
O OJ No L 359, 8. 12. 1989, p. 1. Whereas scientific experts are of the opinion that the 
addiction caused by tobacco consumption constitutes a 
danger meriting a specific warning on every tobacco 
product; 
Whereas, moreover, new smokeless tobacco products — 
moist snuff — designed for oral use, which have 
appeared recently on the market in certain Member 
States, exercise a particular attraction for young persons; 
whereas the Member States most exposed to this 
problem have already placed total bans on these new 
tobacco products or are about to do so; 
Whereas there are differences between the laws, regu­
lations 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 is a real risk that oral moist snuff 
tobaccos could be used, particularly by young persons, as 
substitutes for smoking tobacco products, causing 
nicotine addiction, if restrictive measures are not taken 
in time; 
Whereas, in accordance with the conclusions of the 
studies conducted by the International Agency for 
Research on Cancer, oral moist snuff tobaccos contain 
particularly large quantities of carcinogenic substances; 
whereas these new products cause cancer of the mouth 
in particular; 
Whereas, the sales bans for moist oral snuff already 
adopted by two Member States have a direct impact on 
the establishment and operation of the internal market, 
hence the necessity to approximate the laws of Member 
States in this subject taking as a base a high level of 
protection, the only appropriate measure being a total 
ban, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 89/622/EEC is hereby amended as follows: 
1. Article 2 is amended as follows: 
(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;' 
5.2.91 Official Journal of the European Communities No C 29/7 
2. Article 4 is amended as follows: 
(a) paragraph 2 is replaced by the following: 
'2. Apart from the general warning referred to 
in paragraph 1, tobacco product packaging shall 
carry specific warnings as follows: 
(a) with regard to cigarette packets and rolling 
tobacco, the other large surface of the packet 
shall carry specific warnings. To this end, 
each Member State shall draw up a list of 
warnings taken exclusively from those listed 
in the Annex; 
(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; 
(c) unit packets of smokeless tobacco products 
shall carry, in addition to the warning 
provided for in paragraph 1, the following 
specific warning: "Can cause cancer". 
The specific warnings provided for in this 
paragraph shall be printed or irremovably 
affixed on the unit packets in the official 
language or languages of the country of final 
marketing, in such a way as to guarantee, in 
the cases referred to in points (a) and (b), the 
appearance in rotation of each warning on an 
equal quantity of unit packets, with a 
tolerance of 5 %'; 
(b) paragraph 5 is replaced by the following: 
'5. Without prejudice to paragraph 4, the 
general warning provided for in paragraph 1 and 
the specific warning provided for in paragraph 2 
shall be printed in, or irremovably affixed to, a 
conspicuous place on a contrasting background 
and in such a way as to be easily visible, clearly 
legible and indelible. The warnings shall not in 
any way be hidden, obscured or interrupted by 
other written or pictorial matter.'; 
3. Article 5 is replaced by the following: 
'Article 5 
The Commission shall adopt the measurement and 
verification methods referred to in Article 3 (1) and 
(2) in accordance with the procedure provided for in 
Articles 6 and 7.'; 4. the following Article 8a is inserted: 
'Article 8 a 
Member States shall prohibit the release on the 
market of moist snuff tobacco products for oral use.' 
5. the Annex is amended as set out in the Annex to this 
Directive. 
Article 2 
1. The prohibition of moist snuff tobacco products 
shall enter into force before 1 July 1992. 
2. For the other amendments made by this Directive 
to Directive 89/622/EEC, Member States shall take the 
necessary steps to comply before 1 July 1992. They shall 
immediately inform the Commission thereof and shall 
send to it the provisions they have adopted. 
When Member States adopt these provisions, they shall 
contain a reference to this Directive or shall be ac­
companied by such reference at the time of their official 
publication. The procedure for such reference shall be 
adopted by Member States. 
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. 
Article 3 
1. The Commission shall publish the national lists of 
warnings provided for in Article 4 (2), point (a) for 
rolling tobaccos and point (b) for other smoking 
tobaccos in the Official Journal of the European 
Communities. 
2. Member States which, after 31 December 1992, 
modify their lists of warnings as provided for in Article 4 
(2) (a) and (b) shall notify this modification 18 months 
before its application to the Commission, which shall 
publish it in the Official Journal of the European 
Communities. 
Article 4 
This Directive is addressed to the Member States. 
No C 29/8 Official Journal of the European Communities 5. 2. 91 
ANNEX 
1. The title of the Annex to the Directive shall be worded as follows: 
'List of health warnings referred to in points (a) and (b) of Article 4 (2)'. 
2. In part B of the Annex, the following new warning, No 15, shall be added after warning No 14: 
'15. Smoking causes addiction.' 
Proposal for a Council Decision for the European system for observing the inland goods 
transport markets 
COM(90) 652 final 
(Submitted by the Commission on 20 January 1991) 
(91/C 29/07) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 75 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas a market observation policy is an essential 
component of the common transport policy whose aim is 
to ensure market transparency and a decision-making aid 
for the competent authorities and the transport industry; 
"Whereas the work undertaken by the Commission since 
1979 has demonstrated the feasibility and usefulness of 
such a system; whereas such a system must now be put 
on a permanent footing; 
Whereas the completion of the internal market implies 
the need to monitor the national and international 
aspects of markets in view of their interdependence; 
Whereas a market observation system is necessary to 
support the crisis mechanism for cabotage in the road 
haulage sector established by Council Regulation (EEC) No 4059/89 (*) and the crisis mechanism proposed for 
road transport between Member States provided for in 
Council Regulation (EEC) No 000 (2); 
Whereas a market observation system is required to 
monitor the impact of the scrapping scheme in the inland 
waterway sector provided for in Council Regulation 
(EEC) No 1101/89 (3); 
Whereas Council Regulation (EEC) No 4058/89 (4) 
provides for the introduction of a permanent market 
observation system for goods transport; 
Whereas, it must be possible to conduct sample surveys 
of the market, or of particular sectors of the market for 
such an observation system to work; 
Whereas the Commission must be in a position to call 
upon the active participation of national public auth­
orities; 
Whereas the relevant findings must be published, 
HAS ADOPTED THIS DECISION: 
Article 1 
A European system for observing the inland goods 
transport markets is hereby established in the 
Community. 
(') OJ No L 390, 30. 12. 1989, p. 3. 
(2) Not yet adopted. 
(3) OJ No L 116, 28. 4. 1989, p. 25. 
(4) OJ No L 390, 30. 12. 1989, p. 1.