27. 6. 91 Official Journal of the European Communities No C 167/3 
II 
(Preparatory Acts) 
COMMISSION 
Amended proposal for a Council Directive on advertising for tobacco products (') 
(91/C 167/03) 
COM(91) 111 final — SYN 194 
(Submitted by the Commission in accordance with Article 149 (3) of the Treaty on 17 May 1991) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
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, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas there are differences between the provisions of 
the Member States on advertising for tobacco products; 
whereas such advertising transcends the borders of the 
Member States and whereas such differences are likely to 
constitute barriers to free circulation of products, means 
of support for this advertising, and the free provision of 
services in this area, as well as to distort competition and 
thus impede the establishment and operation of the 
internal market; 
Whereas obstacles to trade should be eliminated and, to 
this end, the rules relating to tobacco advertising should 
be harmonized, leaving to Member States the intro­
duction, under certain conditions, of measures they 
consider necessary to guarantee public health protection; 
Whereas, in conformity with Article 100a (3) of the 
Treaty, the Commission is obliged, in its proposals under 
paragraph 1 concerning health, safety, environmental 
protection and consumer protection, to take a high level 
of protection as a basis; Whereas these rules must take due account of public 
health protection, in particular in relation to young 
people; 
Whereas, given the interdependence between the various 
forms of advertising, printed, written, oral, by radio and 
television broadcast and cinema, and to prevent any risk 
of distorting competition and circumventing the rules 
and regulations, such harmonization should cover all 
advertising forms and media apart from television adver­
tising, which is already convered by Council Directive 
89/522/EECO; 
Whereas the European Council held on 28 and 29 June 
1985 in Milan 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 on a 
programme of action of the European Communities 
against cancer (}) 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, accordingly, 
regarded measures to counter the use of tobacco as their 
prime objective; 
Whereas tobacco consumption constitutes a very 
important death factor each year in the Member States 
of the European Community; 
Whereas advertising plays a fundamental role in 
promoting smoking, particularly among young people; 
(') OJ No C 116, 11. 5. 1990, p. 7. O OJ No L 298, 17. 10. 1989, p. 23. 
(') OJ No C 184, 23. 7. 1986, p. 19. 
No C 167/4 Official Journal of the European Communities 27. 6. 91 
Whereas, at the Council of Ministers meeting on 3 
December 1990, the Member States came out in favour 
of full harmonization of advertising for tobacco 
products; 
Whereas, given the current state of Member States' legis­
lation and bearing in mind the likely further devel­
opment, full harmonization can only take place on the 
basis of a ban on advertising for tobacco products; 
Whereas the tobacco industry must be able to inform 
consumers of the various types and brands of tobacco 
products in compliance with market laws and the rules of 
competition; 
Whereas, however, the use of tobacco is extremely 
damaging to health and such information should 
therefore be restricted to interested parties only, i.e. the 
consumers of tobacco products; 
Whereas avertising must, to this effect, be authorized 
only in establishments specializing in the sale of tobacco 
and with enclosed indoor premises for serving their 
customers; 
Whereas by retaining the possibility for displaying adver­
tising within such outlets, advertising can thus fulfil its 
essential purpose; whereas it will thus be possible to 
guarantee the protection of the population in general 
and of young people in particular; 
Whereas all forms of indirect advertising produce the 
same effects as straight advertising and a ban should 
therefore be imposed on such indirect forms of adver­
tising which, while not actually mentioning the tobacco 
product, use trade marks, emblems, symbols or other 
distinctive elements associated with tobacco products; 
Whereas persons or organizations who, under national 
law, have a legitimate interest in the matter must be 
given the opportunity to take action against any adver­
tising which does not conform to the rules established by 
the Member States in application of this Directive, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
For the purpose of this Directive, the following defi­
nitions shall apply: 
— advertising: any form of communication, printed, 
written, OKal, by radio and television broadcast and 
cinema, with the aim or direct or indirect effects of 
promoting a tobacco product, including advertising 
which, while not specifically mentioning the product, tries to circumvent the advertising ban by using brand 
names, trade marks, emblems or other distinctive 
features of tobacco products; 
— tobacco products: all products intended to be smoked, 
sniffed, sucked or chewed, inasmuch as they are, 
even partly, made of tobacco; 
— tobacco sales outlets: establishments specializing in the 
sale of tobacco and with enclosed indoor premises 
for serving customers. Shops with several counters 
for a range of different goods on sale are excluded 
from this definition. 
Article 2 
1. Without prejudice to Directive 89/552/EEC, all 
forms of advertising for tobacco products shall be 
banned in the territory of the Community. 
2. Member States shall ensure that brands or 
trademarks whose reputation is mainly associated with a 
tobacco product, are not used for advertising in other 
areas, if this brand or trademark is being used for adver­
tising of a tobacco product. 
3. Member States shall ensure that new tobacco 
products do not make use of the reputation acquired by 
certain brands or trademarks already used in association 
with products other than tobacco products. 
4. Any free distribution of tobacco products shall be 
banned. 
Article 3 
Member States may authorize advertising within tobacco 
sales outlets, provided that it is not visible from outside 
the premises. 
Article 4 
Member States shall ensure that there exists appropriate 
and effective means to control the implementation of the 
national measures adopted in accordance with this 
Directive. These means must include provisions ensuring 
that persons or organizations which, according to the 
national legislation can justify a legitimate interest in the 
suppression of advertising which is incompatible with this 
Directive, may take legal action against such advertising 
or bring such advertising to the attention of an adminis­
trative body competent either to pronounce on 
complaints or to institute the appropriate legal 
proceedings. 
27. 6. 91 Official Journal of the European Communities No C 167/5 
Article 5 
This Directive shall not preclude Member States from 
introducing measures concerning advertising for tobacco 
products, in accordance with the Treaty, which they 
deem necessary to guarantee the health protection of 
their citizens, provided that such measures comply with 
this Directive. 
Article 6 
1. Member States shall adopt and publish by 31 July 
1992 the laws, regulations and administrative provisions 
necessary to comply with this Directive. They shall 
forthwith inform the Commission thereof. When Member States adopt these provisions, these shall 
contain a reference to this Directive or shall be accom­
panied by such reference at the time of their official 
publication. The procedure for such reference shall be 
adopted by Member States. 
2. Member States shall apply the provisions referred 
to in paragraph 1 from 1 January 1993. 
Article 7 
This Directive is addressed to the Member States.