PROPOSAL FOR A COUNCIL DIRECTIVE ON THE ADVERTISING OF TOBACCO PRODUCTS IN THE PRESS AND BY MEANS OF BILLS AND POSTERS
Date: 1989-04-18
Institutions: European Commission
Subjects: advertising, approximation of laws, public health, sponsorship, tobacco, tobacco industry

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

REVISED  VERSION 

Brussels, 18 April  1989 

C0MC89) 163 final/2 - SYN 194 

Proposal  for a 

COUNCIL  DIRECTIVE 

on the advertising  of tobacco products  in the press 

and by means of bills and posters 

(presented  by the  Commission) 

6*^*1/^ 

This proposal for a Council Directive concerns the advertising of tobacco 
products in the press and by means of bills and posters.  Radio and 
television advertising is already covered by Commission proposals 
concerning the Community's audiovisual policies (documents OCtf(86)146 final 
and O0M(88)154 final).  Article 9 of this proposed Directive provides for a 
complete ban on the advertising of cigarettes and other tobacco products on 
radio and television. 

1. BACS2OTND 

National provisions governing advertising in the press and by means of 
bills and posters are as follows: 

(a) ft total toftfl on advertising:  Italy and Portugal apply a total ban on 
the advertising of tobacco products; 

(b) ft frm on ttrtvffrfrlrTlng ,1n pnhlloations ajjned at young people» 
Belgium this applies- to periodicals intended for children;  in Ireland, such 
advertising is banned in magazines intended essentially for young people 
under 18;  in Iraembourg it applies to papers and periodical s intended for 
minors.  A similar ban applies in Italy and Portugal.  It should be noted 
that advertisements for tobacco products in the United Kingdom may not 
feature figures typically admired by young people (cowboys, etc.) or 
persons under 25; 

m 

(c)  partial restrictions on advertising 1n the press and by mean* nf  h ma 
and posters.  Where it is not banned outright the advertising of tobacco 
products is either regulated by legislation or covered by agreements 
between the tobacco industry and the Ministry of Health (Denmark, Spain, 
the Netherlands, the United Kingdom). 

In Belgium, France and Ireland advertisements may only show the packaging 
and certain factual information regarding the brand.  This is designed to 
prevent any misleading Information or impression. 

Lastly, In six countries - Belgium, Denmark, the Federal Republic of 
Germany, Ireland, the Netherlands and the United Kingdom - advertising of 
tobacco products must incorporate the compulsory warning which appears on 
the packaging of these products.  The minimum surface area to be occupied 
by this warning is stipulated in Ireland  (15%) and in the United Kingdom 
(17.5%).  In rfeland, the law also stipulates that the Ministry of Health 
may prohibit the distribution of foreign publications which do not comply 
with the Irish provisions. 

1 

2. BASIS FOR QQMMPNirr AGEEQK 

- 2 -

Nationals of the twelve Member States are increasingly drawn, for purposes 
of learning languages, or for professional reasons, to newspapers, 
magazines and publications from other Community countries. Similarly, 
advertising by means of bills and posters, which in all the Member States 
conforms to the same rules as those governing advertising in the press, is 
increasingly cross-frontier in  nature, since nowadays, advertising of 
tobacco products is centralized at European and even at the international 
level.  It is important therefore to ensure, in accordance with public 
health requirements within the meaning of the EEC Treaty, the free movement 
of such publications and to prevent obstacles to trade arising as a result 
of these publications and bills and posters falling to comply with national 
provisions on tobacco advertising. 

The removal by 1992 of all obstacles to trade requires therefore the 
harmonization of national provisions on the advertising of tobacco products 
in the press and by means of bills and posters.  The removal of these 
obstacles will ensure free circulation of advertising of tobacco products 
in the forms covered by this proposal and distortion-free competition 
between advertising in the press and by means of bills and posters. 
Article 100a, paragraph 3, ôf the Single Act also states, "The Commission, 
in its proposals laid down in  paragraph 1 concerning health, safety, 
environmental protection and consumer protection, will take as a base a 
high level of protection". 

In view of ttoe current state of legislation in the majority of the Member 
States, the European Commission notes that it is presently Impossible 
simply to Impose a ban on tobacco advertising in the press and by means of 
bills and posters.  This directive, which provides for partial 
harmonization, is based on the most advanced system of governing authorized 
advertising, namely the Irish, one:  unambiguous warnings must appear on an 
alternating basis on a substantial area of the advertising space.  For 
reasons of continuity and consistency, the warnings shall be the same as 
those laid down in the proposal for a Council Directive on the labelling of 
tobacco products. 

Moreover, the proposal for a Directive shall also be aligned on the 
legislation in force or in preparation, maintaining the ban on Indirect 
advertising and limiting the content of authorized advertising to showing 
only the tobaooo product in question since the purpose is to avoid any 
association being made between smoking and professional or sexual 
advantage, the enjoyment of wide open spaces, fresh air, adventure and 
freedom. 

Mtariher States may ban advertising for tobaooo products, either completely 
or in certain cases or in particular places.  In this respect, in 
accordance with Irish practice, this proposal for a Directive also bans 
advertising in publications intended mainly for young people under 18. 

I 

3.  nriMM^iT^  CM «ryrffl T W f y i W AL  ARTTTITIKS 

- 3 -

Article 1:  this article defines the scope as well as the term "tobacco 
product".  The definition of the term "tobacco product" corresponds to the 
one already given in the previous proposals for directives in this field. 

Article 2:  this article defines the rules on the incorporation of warnings 
in tobacco advertising inserts.  For reasons of continuity and consistency, 
the warnings shall be the same as those 3 aid down in the proposal for a 
Council Directive on the labelling and advertising of tobacco products. 

The minimum percentage of the surface to be covered refers exclusively to 
the surface actually occupied by the words used in the text of the warning 
Itself. 

Article 3:  paragraph 1 restricts the content of the advertising message to 
factual details oonoernlng the features of the product (tar, nicotine 
yields, etc.) to prevent misleading advertising. 

Similarly to the proposal for a directive oonoernlng the pursuit of 
broadcasting activities (C0M(88)154 final) paragraph 2 prohibits the 
indirect advertising of tobacco products. 

Article 4:  the article prohibits direct or indirect advertising of tobacco 
products in publications intended for young people as is already the case 
In Belgium, Ireland, Luxembourg, Italy and Portugal.  To avoid any 
problems in implementing this Directive, a specific age has been laid down 
(18 years). 

Article 5:  the article safeguards the free circulation of publications 
complying with this Directive with regard to tobacco advertising in the 
press or by way of bills or posters.  It does not, of course, prohibit the 
marketing of publications which do not contain any tobacco advertising.  On 
the contrary, it authorizes Member States which wish to introduce new 
restrictions (as for example ban on advertising by way of posters In some 
places, or even a total ban on advertising in the press and by means of 
bills and posters).  However, where authorized, those forms of advert J sing 
must oomply with the rules provided for in the present direotive. 

Article 6 aid. 7:  these are standard articles. 

Ur 

- 4  -

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 QCMMTJNITIES, 

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 coopération with the European Parliament,2 

Having regard to the opinion of the Economie and Social Committee,3 

Whereas there are differences between the laws, regulations 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 establishment 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; 

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 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 
cancer4 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 prirr.3 
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; 

1 
2 
3 
4  O JC  184, 23.7.1986, p.  19. 

Ç 

- 5 -

Whereas it is necessary to prohibit all indireot forms of advertising 
which, whilst not direotly mentioning tobacco products, seek to promote 
tobacco products by using  trade marks, emblems, symbols or other 
distinctive symbols  associated with tobacco products; 

Whereas special provisions should ensure the protection of young people 
against the advertising of tobacco products; 

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. 

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 
garantee  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 tobaooo 
products other than cigarettes shall carry the general warning  "Tobaooo 
seriously damages your health". 

3.  Member  states 
paragraphs 1 and 2 shall bear the name of the issuing authority. 

may stipulate that the warnings referred to in 

4.  The text of the warning 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 19%  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 presentation of the packaging of the 
tobaooo products, possibly with the addition of information on the features 
of the product. 

2.  Advertising in the press or by means of bills and posters which, whilst 
not direotly mentioning  the tobacco product, refers to a trade mark, emblem, symbol or 
other distinctive feature mainly used in connection with tobaooo products 
shall be prohibited. 

- 6 -

Article 4 

Member 
publications mainly intended for  people under  18. 

shall prohibit all advertising for tobaooo products in 

states 

Article 5 

1.  The Member States may not cite tobacco advertising as the reason for 
prohibiting or restricting the sale of newspapers, magazines and 
publications of a similar kind or the display of w n«  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 
provisions necessary to comply with this Directive by 31 December 1991. 
They "fa**11  forthwith  inform the Commission  thereof. 

shall adopt the laws, regulations and administrative 

states 

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. 

Thlfl Directive  la  addressed to the Member States. 

Article 7 

Done at Brussels 

The President 
For the Council 

v 

LIST OF HEALTH WARNINGS, AS REFERRED TO IN ARTICLE 2(1) 

ANNEX 

a. Warnings which must appear in the national lists : 

1. Smoking causes cancer. 
2. Smoking causes heart disease. 

b. 1.  Smoking causes fatal diseases. 

2.  Smoking kills 
3.  Pregnant women : smoking harms your baby. 
4.  Protect children from tobacco smoke. 
5.  Smoking damages the health of those around you. 
6.  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. 

9.  Every year, ... (name of nationals of a country) die in road 

accidents.  ... times more die from smoking. 

10. Smokers die before their time. 
11. Don't smoke if you want to stay healthy. 
12. Save money : stop smoking. 

s 

-  i ll  -

EBQPQSAL  FOR  A  OJJMJ1L 

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IMPACT CN ODMPETITIVENESS AND EMFttttMENTT 

1.  What la the main justification for the measure? 

Unification of the internal market. 

2.  Characteristics of the undertakings concerned, especially: 

a.  Are many small businesses concerned? 

Yes, some advertising agencies are small businesses. 

b.  Is there any particular concentration in regions: 

- eligible for Member States regional aid?  No. 
- eligible for ERDF?  No. 

3.  What conditions must undertakings comply with? 

a.  A medical, health warning must be included in every advertisement for 
tobacco products in the press or by means of bills and posters (measures in 
force in six Member States, all forms of such advertising being banned in 
Italy and Portugal); 

b.  Advertising of tobacco products In magasines mainly intended for young 
people is banned  (measure in force in five Member States); 

o.  Advertising for products other than tobacco-based products, when it 
refers to a brand or emblem that is mainly associated with tobacco 
products, is banned. 

4.  What conditions are likely to be imposed indirectly on undertakings by 
local authorities?  None. 

5.  Are there special measures for small businesses?  No. 

6.  What is the foreseeable impact: 

a.  On the competitiveness of undertakings?  The rapid development of the 
advertising sector in recent years has not been hindered by similar 
measures which are already applied in several Member States. 

b.  Okx employment?  No significant impact. 

7.  Have the two sides of industry been consulted?  What are their views? 

The senior officials for health of the Member States have been consulted 
and their main comments have been taken into account. 

<t 

Commission of the  European  Communities 

C0M(89)  163/2/Revision  final 

Proposal for a 

COUNCIL  DIRECTIVE 

on the advertising of tobacco products in the press and by means of bills 
and posters 

(presented by the  Commission) 
REVISION 

18.4.1989 

Office for  Official  Publications of the  European Communities 
L - 2985  Luxembourg 

Series:  DOCUMENTS 

1989 -  9 pp. -  Format:  21.0 *  29.7  cm 

EN 

ISSN  0254-1475 

ISBN  92-77-48658-9 

Catalogue number:  CB-CO-89-156-EN-C 

COM(89)  163/2/Revision  final 

ISSN 0254-1475 

DOCUMENTS 

Proposal for  a 

COUNCIL  DIRECTIVE 

on the  advertising  of  tobacco  products  in the 
press  and  by means  of  bills  and  posters 

(presented  by the  Commission) 

REVISION 

06 

05 

Catalogue number:  CB-CO-89-156-EN-C 

ISBN  92-77-48658-9 

€ 

COMMISSION OF THE EUROPEAN COMMUNITIES 

18.4.1989