11.5.90 Official Journal of the European Communities NoC 116/7 
II 
(Preparatory Acts) 
COMMISSION 
Amended proposal for a Council Directive on the authorized advertising of tobacco products in 
the press and by means of bills and posters (') 
COM(90) 147 final — SYN 194 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 19 April 1990) 
(90/C 116/05) 
(') OJ No C 124, 19. 5. 1989, p. 5 (COM(89) 163 final 12 — SYN 194). 
ORIGINAL TEXT AMENDED PROPOSAL 
Proposal for a Council Directive on the advertising of 
tobacco products in the press and by means of bills and 
posters 
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 (1), 
In cooperation with the European Parliament (2), 
Having regard to the opinion of the Economic and 
Social Committee (3), 
Whereas there are differences between the laws, regu­
lations and administrative provisions of the Member 
States on tobacco advertising in the press and by means 
of bills and posters; whereas advertising by these means 
transcends the borders of the Member States and 
whereas such differences are likely to constitute barriers 
to trade, distort competition and thus impede the estab­
lishment and operation of the internal market; 
Whereas obstacles should be eliminated and, to this end, 
the rules relating to tobacco advertising by the above 
means should be harmonized, leaving Member States the 
possibility of introducing, under certain conditions, the 
measures they consider necessary to guarantee the health 
protection of their citizens; Amended proposal for a Council Directive on the auth­
orized advertising of tobacco products in the press and by 
means of bills and posters 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
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Whereas there are differences between the laws, regu­
lations and administrative provisions of the Member 
States on authorized tobacco advertising in the press and 
by means of bills and posters; whereas authorized adver­
tising by these means transcends the barriers of the 
Member States and whereas such differences are likely to 
constitute barriers to trade, distort competition and thus 
impede the establishment and operation of the internal 
market; 
Whereas obstacles should be eliminated and, to this end, 
the rules relating to authorized tobacco advertising by 
the above means should be harmonized, leaving Member 
States the possibility of introducing, under certain 
conditions, the measures they consider necessary to 
guarantee the health protection of their citizens. 
(') OJ No C 124, 19. 5. 1989. 
O Sitting of 14. 3. 1990. 
(3) OJ No C 62, 12. 3. 1990. 
No C 116/8 Official Journal of the European Communities 11. 5. 90 
ORIGINAL TEXT 
Whereas these rules must take due account of public 
health protection, in particular in relation to young 
people; 
Whereas the European Council held on 28 and 29 June 
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 the incorporation in tobacco advertising inserts 
in the press and by means of bills and posters of a 
warning of the health risks entailed in the use of these 
products is important for health protection; 
Whereas it is necessary to prohibit all indirect forms of 
advertising which, whilst not directly mentioning tobacco 
products, seek to promote, tobacco products by using 
trade marks, emblems, symbols or other distinctive 
features associated with tobacco products; 
Whereas special provisions should ensure the protection 
of young people against the advertising of tobacco 
products; 
O OJ No C 184, 23. 7. 1986, p. 19. AMENDED PROPOSAL 
Whereas one of the main objectives of the Member 
States of the European Commission is to bring about 
steady improvements in the living and working 
conditions of their citizens; 
Whereas Article 100a (3) of the EEC Treaty stipulates 
that the Commission, in its proposals concerning health, 
safety, environmental protection and consumer 
protection, should take as a base a high level of 
protection; 
Whereas it is advisable to ensure that authorized adver­
tising in the press and by means of bills and posters 
provides information on the main features of the 
products which meets the essential requirements 
concerning the health protection of consumers and the 
fairness of commercial transactions; 
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Whereas it has been shown that young people are ready-
made victims of advertising and that dependency on 
tobacco begins at a young age; 
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Whereas these common rules relating only to authorized 
tobacco advertising in the press and by means of bills 
and posters shall not apply in the event of a complete 
ban; 
Whereas this Directive represents the first stage in a 
harmonization which should guarantee the free circu­
lation of goods aimed at for 31 December 1992, 
11.5.90 Official Journal of the European Communities NoC 116/9 
ORIGINAL TEXT AMENDED PROPOSAL 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
For the purposes of this Directive, 'tobacco products' 
means products intended to be smoked, sniffed, sucked 
or chewed, in as much as they are, even partly, made of 
tobacco. HAS ADOPTED THIS DIRECTIVE: 
Article 1 
This Directive concerns the harmonization of the laws, 
regulations and administrative provisions of the Member 
States on authorized tobacco advertising in the press and 
by means of bills and posters. 
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Article 2 
1. Advertisements for cigarettes in the press and by 
means of bills and posters shall carry specific warnings 
alternating according to the following rules: 
— each Member State shall draw up a list of warnings 
based on those listed in the Annex, 
— the specific warnings so adopted shall be printed 
against a contrasting background on inserts and in 
such a way as to guarantee an equal frequency of 
display for each warning, allowing for a 5 % margin. 
2. Advertising in the press and by means of bills and 
posters of tobacco products other than cigarettes shall 
carry the general warning: 'Tobacco seriously damages 
your health'. 
3. Member States may stipulate that the warnings 
referred to in paragraphs 1 and 2 shall bear the name of 
the issuing authority. 
4. The text of the warnings mentioned in paragraphs 
1 and 2 shall cover a minimum of 10 % of the total 
advertising insert, excluding the name of any authority as 
referred to in paragraph 3. The percentage shall be 
raised to at least 15 % where the warning is in two 
languages and to at least 20 % where it is in three or 
more languages. Article 2 
1. Advertisements for cigarettes in the press and by 
means of bills and posters shall carry specific warnings 
alternating according to the following rules: 
— each Member State shall draw up a list of warnings 
based solely on those listed in the Annex, 
— the specific warnings so adopted shall be printed 
horizontally against a contrasting background on 
inserts and in such a way as to guarantee an equal 
frequency of display for each warning, allowing for a 
5 % margin. 
2. Advertising in the press and by means of bills and 
posters of tobacco products other than cigarettes shall 
carry the general warning 'Tobacco seriously damages 
your health', printed horizontally against a contrasting 
background. 
3. The warnings referred to in paragraphs 1 and 2 
shall, when appearing in the press, be in the same 
language as that used in the publication and, in the case 
of bills and posters, shall be in the language or languages 
of the country in which such bills and posters are shown. 
4. Member States may stipulate that the warnings 
referred to in paragraphs 1 and 2 shall bear the name of 
the issuing authority. 
5. The text of the warnings mentioned in paragraphs 
1 and 2 shall cover a minimum of 10 % of the total 
advertising insert, excluding the name of any authority as 
referred to in paragraph 3. The percentage shall be 
raised to at least 15 % where the warning is in two 
languages and to at least 20 % where it is in three or 
more languages. 
Article 3 
1. The content of advertisements in the press and on 
bills and posters shall be restricted solely to the presen­
tation of the packaging of the tobacco products, possibly 
with the addition of information on the features of the 
product. Article 3 
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No C 116/10 Official Journal of the 
ORIGINAL TEXT 
2. Advertising in the press and by means of bills and 
posters which, whilst not directly mentioning the tobacco 
product, refers to a trade mark, emblem, symbol or other 
distinctive feature mainly used in connection with 
tobacco products shall be prohibited. 
Article 4 
Member States shall prohibit all advertising for tobacco 
products in publications mainly intended for people 
under 18. 
Article 5 
1. The Member States may not cite tobacco adver­
tising as the reason for prohibiting or restricting the sale 
of newspapers, magazines and publications of a similar 
kind or the display of bills and posters which comply 
with this Directive. 
2. The provisions of this Directive shall not affect the 
right of Member States to introduce measures 
concerning tobacco advertising, in accordance with the 
Treaty, which they deem necessary to guarantee the 
health protection of their citizens provided that such 
measures do not imply modifications of the content or of 
the form of advertisements as provided by this Directive. 
Article 6 
1. Member States shall adopt the laws, regulations 
and administrative provisions necessary to comply with 
this Directive by 31 December 1991. They shall 
forthwith inform the Commission thereof. 
The provisions adopted pursuant to the first paragraph 
shall make express reference to this Directive. 
2. Member States shall communicate to the 
Commission the text of the main provisions of national 
law which they adopt in the fields governed by this 
Directive. 
Article 7 
This Directive is addressed to the Member States. European Communities 11. 5. 90 
AMENDED PROPOSAL 
2. To prevent the provision in paragraph 1 of this 
Article from being circumvented, advertising in the press 
and by means of bills and posters which, whilst not 
directly mentioning the tobacco product, refers to a 
trade mark, emblem, symbol or other distinctive feature 
mainly used in connection with tobacco products shall be 
prohibited. 
3. The preceding paragraph shall not apply when the 
identity of a tobacco trade mark with the trade mark of 
a product other than tobacco which is marketed by 
undertakings that are legally and financially distinct from 
one another is purely fortuitous. 
Article 4 
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Article 5 
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2. The Commission will report to the Council, before 
31 December 1991, on the evolution of the situation in 
the Member States, notably following the implemen­
tation of this Directive, and at the same time will 
propose the necessary measures to guarantee the free 
circulation of goods aimed at for 31 December 1992. 
Article 6 
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Article 7 
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Ilm^O COffici^l]ourn^lo^rli^Euroo^nC^ornrnunin^ ^odMoBt^ 
LIST OF HEALTHWARNINGS, AS REFERRED TO IN ARTICLE2(n 
(a) Warnings ^hich must appear in the national lists^ 
t. Smoking causes cancer 
^. Smoking causes heart disease 
(b) Warnings from ^hich the Member States may chooser 
t. Smoking causes fatal diseases 
^. Smoking kills 
^. pregnant ^omen^ smoking harms your baby 
^t. protect children from tohacco smoke 
^. Smoking damages the health of those around you 
D. Stopping smoking reduces the risk of serious diseases 
7. Smoking causes lung cancer, chronic bronchitis and other chest diseases 
8. More than...people die each year in...(name of the country) from lung cancer 
^. E^eryyear ... (name of nationals^ a country) dieinroad accidents^ ... timesmore diefrom 
smoking 
tO. Smokers die before their time 
It. Uon^tsmoke if you ^ant to stay healthy 
t^. Sav^e moneys stop smoking