8. 2. 89 Official Journal of the European Communities No C 32/9 
Draft Council recommendation on banning smoking in public places 
COM(88) 674 final 
(Submitted by the Commission on 9 January 1989) 
(89/C 32/16) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 235 
thereof, 
Having regard to the draft recommendation from the 
Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the European Council held in Milan on 28 and 
29 June 1985 stressed the importance of launching a 
European action programme against cancer; 
Whereas the Council and the representatives of the 
Governments of the Member States meeting within the 
Council in their resolution of 7 July 1986 (*) set for this 
programme the objective of contributing to an 
improvement in the health and quality of life of citizens 
within the Community by reducing the number of 
illnesses due to cancer and under this heading gave first 
priority to measures against smoking; 
Whereas there is an increased risk of lung cancer for 
non-smokers involuntarily exposed to the smoke of 
tobacco products and, consequently, it is appropriate to 
protect the right to health of non-smokers against invol­
untary smoking; 
(l) OJ No C 184, 23. 7. 1986, p. 19. Whereas, to ensure respect of the right to health of 
non-smokers, it is essential to ban smoking in public 
places in certain establishments and forms of transport; 
Whereas, however, in view of the extent of tobacco 
addiction affecting part of the population, it is appro­
priate to make provision to permit smoking in part of 
these establishments and forms of transport; 
Whereas it is necessary to extend to the citizens of all 
the Member States of the European Community the 
protection they are given in some Member States against 
the damage caused by involuntary smoking, 
RECOMMENDS TO THE MEMBER STATES: 
to take the following measures by legislation according 
to national practice and conditions: 
1. Ban smoking in public places which are part of a 
public or private establishment intended for one of the 
uses listed in Annex 1 to this Directive. 
However, in these establishments, clearly defined 
areas must be reserved for smokers. 
The Member States are free to add to the estab­
lishments listed in the Annex. 
2. In case of conflict between the right of the 
non-smoker to health and the right of the smoker to 
smoke, the right of the non-smoker prevails in these 
establishments and at all work-places. 
3. Ban smoking in all public transport. 
4. Inform the Commission every two years about the 
implementation of this recommendation. 
^oCo^BiO C^fhci^l]ourn^lofth^Furo^e^nC^ornrnunin^ ^ ^ ^ 
t. Establishments where services are provided to the public,whetherforacharge or free of charge. 
2. Establishments where sick or elderly persons are received or treated. 
^. Establishments where health care is given for prevention or cure. 
4. Establishments where children or young people of school age are received, housed or treated. 
^. Establishments where education and vocational training is given. 
D. Establishments where entertainment takes place. 
B. Establishments where exhibitions are held. 
^. Establishments where sports are practised. 
^. U^nderground and railway stations, ports and airports.