No C 228/12 Official Journal of the European Communities 5. 9. 89 
II 
(Preparatory Acts) 
COMMISSION 
Amended Proposal for a Council Directive concerning the maximum tar yield of cigarettes (') 
COM(89) 398 final — SYN 117 
(submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 9 August 1989) 
(89/C 228/09) 
(») OJ No C 48, 20. 2. 1988, p. 11. 
ORIGINAL TEXT 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, MODIFIED PROPOSAL 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100 
thereof, Unchanged 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament ('), 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas there are differences between the laws, regu­
lations and administrative provisions of the Member 
States on the limitation of the maximum tar content of 
cigarettes; whereas such differences are liable to 
constitute barriers to trade and to impede the estab­
lishment and operation of the internal market; Unchanged 
Whereas those obstacles should accordingly be elim­
inated; whereas to that end the marketing and free 
movement of cigarettes must be made subject to uniform 
rules concerning maximum tar content; Unchanged 
0) OJ C 237 of 12. 9. 1988, p. 49. 
5. 9. 89 Official Journal of the European Communities No C 228/13 
ORIGINAL TEXT 
Whereas such common rules must take due account of 
public health protection; 
Whereas the higher the tar content of smoked tobacco, 
the greater the risk of lung cancer; 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 in their resolution of 7 July 1986 ('), the 
Council and the representatives of the Governments of 
the Member States meeting within the Council 
considered that measures to combat smoking were a 
priority; 
Whereas this Directive contains minimum provisions 
which will be reviewed on the basis of experience gained, 
the development of techniques and medical knowledge in 
this area, the objective being to achieve greater 
protection of individuals, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
The objective of this Directive is the harmonization of 
the laws, regulations and administrative provisions of the 
Member States concerning the maximum tar yield of 
cigarettes, taking as a base a high level of health 
protection. 
Article 2 
1. For the purposes of this Directive, 'tar' means the 
raw anhydrous nicotine-free condensate of smoke. 
2. The tar yield of cigarettes marketed in the Member 
States shall not be greater than 15 mg on 31 December 
1992 and 12 mg on 31 December 1993. 
Article 3 
The tar yield of cigarettes shall be measured under the 
authority of the Member States by method ISO 4387 or 
any other method giving equivalent results. 
(') OJ C 184 of 23. 7. 1986, p. 19. MODIFIED PROPOSAL 
Unchanged 
Unchanged 
Unchanged 
Whereas in applying this Directive provision should be 
made for establishing deadlines which allow, on the one 
hand, completion to a minimum degree of efficiency of 
the process of conversion to other varieties which has 
already begun, and, on the other, consumers and manu­
facturers to adapt to products with a lower tar yield; 
Deleted 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Unchanged 
Article 2 
Unchanged 
Article 3 
The tar yield of cigarettes shall be measured under the 
authority of the Member States by method ISO 4387 and 
method ISO 3400. The verification must be carried out 
with method ISO 8243. 
No C 228/14 Official Journal of the European Communities 5. 9. 89 
ORIGINAL TEXT 
Article 4 
Adaptation of technical progress in accordance with the 
procedure provided for in Article 6 shall be limited to the 
tar yield values specified in Article 2 (2) and to the 
methods of measuring the tar yield referred to in Article 
3. 
Article 5 
With a view to the adaptation to technical progress 
referred to in Article 4, the Commission shall be assisted 
by a committee of an advisory nature composed of 
representatives of the Member States and chaired by the 
representative of the Commission. 
Article 6 
The representatives of the Commission shall submit to 
the committee a draft of the measures to be taken. The 
committee shall deliver its opinion on the draft, within a 
time limit which the chairman may lay down according 
to the urgency of the matter, if necessary by taking a 
vote. 
The opinion shall be recorded in the minutes; in 
addition, each Member State shall have the right to ask 
to have its position recorded in the minutes. 
The Commission shall take the utmost account of the 
opinion delivered by the Committee. It shall inform the 
committee of the manner in which its opinion has been 
taken into account. 
Article 7 
The Member States may not prohibit or restrict the sale 
of products which conform to this Directive. 
Article 8 
1. Member States shall bring into force the laws, 
regulations or administrative provisions necessary to 
comply with this Directive within 18 months of its notifi­
cation. They shall forthwith inform the Commission 
thereof. However, a supplementary period of two years 
is hereby granted for the sale of existing products which 
do not comply with this Directive. 
2. Member States shall communicate to the 
Commission provisions of national law which they adopt 
in the field governed by this Directive. 
Article 9 
This Directive is addressed to the Member States. MODIFIED PROPOSAL 
Article 4 
Adaptation to technical progress in accordance with the 
procedure provided for in Article 6 shall be limited to the 
method of measuring the tar yield referred to in Article 
3. 
Article 5 
Unchanged 
Article 6 
Unchanged 
Article 7 
Member States may not, for considerations of the limi­
tation of tar yield of cigarettes, prohibit or restrict the 
sale of products which conform to this Directive. 
Article 8 
Unchanged 
Article 9 
Unchanged