No C 48/8 Official Journal of the European Communities 20. 2. 88 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on the approximation of the laws, regulations and adminis­
trative provisions of the Member States concerning the labelling of tobacco products 
COM(87) 719 final 
(Submitted by the Commission to the Council on 4 February 1988) 
(88/C 48/09) 
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 laws, regu­
lations and administrative provisions of the Member 
States on the labelling of tobacco products; whereas such 
differences are likely to constitute barriers to trade and 
to impede the establishment and operation of the internal 
market; 
Whereas those obstacles should accordingly be elim­
inated and whereas to that end the marketing and free 
movement of tobacco products must be made subject to 
uniform rules concerning labelling; 
Whereas such common rules must take due account of 
public health protection; 
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 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 the 
fight against the use of tobacco products as their prime 
objective; Whereas the printing of health warnings on the 
packaging of all tobacco products concerning the risks of 
use of tobacco products are a vital factor in the 
protection of public health; 
Whereas, for the purpose of improving health protection, 
the indication of the tar and nicotine yield on cigarette 
packets is essential for the health information and 
education of the general public, 
Whereas this Directive calls for minimum provisions 
which will be reviewed on the basis of experience gained 
and the development of medical knowledge in this area, 
the objective being to achieve greater protection of indi­
viduals, 
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 medical warnings on the 
unit packet of tobacco products and the indication of the 
tar and nicotine yield on cigarette packets, taking as a 
base a high level of health protection. 
Article 2 
For the purposes of this Directive: 
1. 'tobacco products' means products for the purpose of 
smoking, sniffing, sucking or chewing, in as much as 
they are, even partly, made of tobacco; 
2. 'tar' means the raw anhydrous nicotine-free 
condensate of smoke; 
(') OJ No C 184, 23. 7. 1986, p. 19. 3. 'nicotine' means nicotinic alkaloids. 
20. 2. 88 Official Journal of the European Communities No C 48/9 
Article 3 
1. The tar and nicotine yields to be indicated on 
cigarette packets shall be measured on the basis of the 
ISO 4387 and ISO 3400 methods respectively, or any 
other method which yields equivalent results. 
2. Indications on packets shall be considered 
acceptable where they do not differ by more than 1 mg 
from the results of tests carried out by the bodies 
designated for that purpose by the Member States. 
3. The indications concerned shall be printed in the 
official language or languages of the consumer's country 
on the side of the packet or on a mobile part of the 
packet in clearly visible print on a contrasting back­
ground. 
Article 4 
1. All units of packaging of tobacco products shall 
carry the following warning in the official language or 
languages of the consumer's country, on one of the two 
largest surfaces: 'Tobacco seriously damages health'. 
2. With regard to cigarette packets, the other large 
surface shall carry in the official language or languages 
of the consumer's country a specific warning. 
For this purpose, each Member State shall draw up a list 
of warnings taken from those listed in the Annex. That 
list must include however the following warnings: 
(a) smoking causes cancer; 
(b) smoking causes heart disease. 
Those warnings shall appear on the unit of packaging 
according to a formula adopted by each Member State 
in such a way as to guarantee an equal frequency of 
display for each warning. 
3. The warnings provided for in paragraphs 1 and 2 
shall be printed in letters of a minimum size of 3 mm and 
in such a way as to cover at least 2 % of the total 
surface of the corresponding side of the unit of 
packaging. 
The required warnings on the two sides of each unit of 
packaging: 
(a) shall be clear and legible; 
(b) shall be printed in bold letters; 
(c) shall be printed on a contrasting background; 
(d) shall not be printed in a place where they may be 
damanged when the packet is opened; (e) shall not be printed on the transparent wrapper or 
any other external wrapping. 
Article 5 
Adaptation to technical progress in accordance with the 
procedure provided for in Article 6 shall be limited to the 
obligatory indications given on cigarette packets as 
provided for in Article 3 (1) as well as to the health 
warnings laid down in Article 4 (1) and (2). 
Article 6 
With a view to the adaptation to technical progress 
referred to in Article 5, 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 7 
The representative 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 8 
Member States may not prohibit or restrict the sale of 
products which conform to this Directive. 
Article 9 
1. Member States shall adopt the laws, regulations 
and administrative provisions necessary to comply with 
this Directive before 31 December 1990. They shall 
forthwith inform the Commission thereof. However, 
products existing at that date which do not comply with 
this Directive may still be put on sale until 31 December 
1992.. 
2. Member States shall communicate to the 
Commission the provisions of national law which they 
adopt in the field governed by this Directive. 
Article 10 
This Directive is addressed to the Member States. 
No C 48/10 Official Journal of the European Communities 20. 2. 88 
ANNEX 
List of health warnings 
I. Which must be included in the list of warnings to be drawn up by Member States: 
(a) Smoking causes cancer; 
(b) Smoking causes heart disease. 
II. Which may be included in the list of warnings to be drawn up by the Members States: 
(a) Smoking causes fatal diseases; 
(b) Smoking can kill you; 
(c) Smoking when pregnant can injure your baby; 
(d) Stopping smoking reduces the risk of serious disease; 
(e) Smoking causes lung cancer, bronchitis and other chest diseases; 
(f) More than (. . .) people die each year in (name of the country) from lung cancer; 
(g) Smokers die younger. 
Proposal for a Council Directive on the approximation of the laws, regulations and adminis­
trative provisions of the Member States concerning the maximum tar yield of cigarettes 
COM(87) 720 final 
(Submitted by the Commission to the Council on 4 February 1988) 
(88/C 48/10) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100 
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 betwen 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-
lishmend and operation of the internal market; 
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; 
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. 
0) OJ No C 184, 23. 7. 1986, p. 19.