COMMON POSITION (EC) No 15/98 adopted by the Council on 12 February 1998 with a view to adopting Directive 98/.../EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products
Date: 1998-02-12
Institutions: Council of the European Union
Subjects: advertising, approximation of laws, public health, sponsorship, tobacco, tobacco industry

C  91/34

EN

Official  Journal  of  the  European  Communities

26.3.98

COMMON  POSITION  (EC)  No  15/98

adopted  by  the  Council  on  12  February  1998

with a view to adopting Directive 98/.../EC of the European Parliament and of the Council on
the approximation of the laws, regulations and administrative provisions of the Member States
relating  to  the  advertising  and  sponsorship  of  tobacco  products

(98/C  91/03)

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL  OF
THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Articles  57(2),  66  and
100a  thereof,

Having  regard  to  the  proposal  from  the  Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189b  of  the  Treaty (3),

laws, 

(1)  Whereas there are differences between the Member
States’ 
regulations  and  administrative
provisions  on  the  advertising  and  sponsorship  of
tobacco  products;  whereas  such  advertising  and
sponsorship  transcend  the  borders  of  the  Member
States  and  the  differences  in  question  are  likely  to
give  rise  to  barriers  to  the  movement  between
Member  States  of  the  products  which  serve  as  the
media for such advertising and sponsorship and to
freedom  to provide services  in  this  area,  as well as
distort 
the
functioning  of  the  internal  market;

competition, 

impeding 

thereby 

(2)  Whereas  those  barriers  should  be  eliminated  and,
to this end, the rules relating to the advertising and
sponsoring  of 
should  be
approximated,  whilst  leaving  Member  States  the
possibility of introducing, under certain conditions,
such  requirements  as  they  consider  necessary  in
order  to  guarantee  the  protection  of  the  health  of
individuals;

tobacco  products 

(3)  Whereas, in accordance 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  as  a  base  a  high  level  of  protection;

(4)  Whereas  this  Directive  must  therefore  take  due
account  of  the  health  protection  of  individuals,  in
particular  in  relation  to  young  people,  for  whom
advertising  plays  an  important  role  in  tobacco
promotion;

(5)  Whereas  in  order  to  ensure  the  proper  functioning
of the internal market the Council adopted, on the
basis of Article 100a, Directive 89/622/EEC (4) and
Directive  90/239/EEC (5)  concerning  the  labelling
of tobacco products and the maximum tar yield of
cigarettes, respectively;

(6)  Whereas  advertising  relating  to  medicinal  products
for  human  use 
covered  by  Directive
is 
92/28/EEC (6);  whereas  advertising  relating  to
products  intended  for  use  in  overcoming  addiction
to  tobacco  does  not  fall  within  the  scope  of  this
Directive;

(7)  Whereas 

exclusively 

this  Directive  will  not  apply 

to
communications 
for
intended 
professionals in the tobacco trade, the presentation
of  tobacco  products  offered  for  sale  and  the
indication  of  their  prices,  and,  depending  on  sales
structures,  advertising  directed  at  purchasers  at
tobacco  sales  outlets  and  the  sale  of  third-country
publications  which  do  not  satisfy  the  conditions
laid  down  in  this  Directive,  provided,  however,
that  they  comply  with  Community  law  and  the
Community’s  obligations  at  international  level;
whereas 
is  for  the  Member  States,  where
necessary,  to  take  appropriate  measures  in  these
areas;

it 

(1)  OJ  C  129,  21.5.1992,  p.  5.
(2)  OJ  C  313,  30.11.1992,  p.  27.
(3)  Opinion  of  the  European  Parliament  of  11  February  1992
(OJ  C  67,  16.3.1992,  p.  35),  confirmed  under  the  Article
189b  procedure  on  3  December  1993,  Council  common
position  of  12  February  1998  and  Decision  of  the  European
Parliament  of 
in  the  Official
. . .  (not  yet  published 
Journal).

(8)  Whereas,  given  the  interdependence  between  the
various  forms  of  advertising  —  oral,  written,

(4)  OJ  L  359,  8.12.1989,  p.  1.  Directive  as  amended  by

Directive  92/41/EEC  (OJ  L  158,  11.6.1992,  p.  30).

(5)  OJ  L  137,  30.5.1990,  p.  36.
(6)  OJ  L  113,  30.4.1992,  p.  13.

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C  91/35

or 

rules 

circumventing 

printed,  on  radio  or  television  or  at  the  cinema  —
and  in  order  to  prevent  any  risk  of  distorting
competition 
and
regulations, this Directive must cover all forms and
television
means  of  advertising  apart 
advertising  already  covered  by  Council  Directive
89/552/EEC  of  3  October  1989  on 
the
coordination  of  certain  provisions  laid  down  by
law, regulation or administrative action in Member
television
States 
broadcasting activities (1);

the  pursuit  of 

concerning 

from 

(9)  Whereas  all  forms  of  indirect  advertising  and
sponsorship,  and  likewise  free  distribution,  have
the  same  effects  as  direct  advertising,  and  whereas
they  should,  without  prejudice  to  the  fundamental
principle  of  freedom  of  expression,  be  regulated,
including 
indirect  forms  of  advertising  which,
while not mentioning the tobacco product directly,
use  brand  names,  trade  marks,  emblems  or  other
tobacco
distinctive 
products;  whereas,  however,  Member  States  may
defer  application  of  these  provisions  to  allow  time
for  commercial  practices  to  be  adjusted  and
sponsorship  of  tobacco  products  to  be  replaced  by
other  suitable  forms  of  support;

features  associated  with 

(10)  Whereas, without prejudice to the regulation of the
advertising  of  tobacco  products,  Member  States
remain  free  to  allow  the  continued  use,  under
certain  conditions,  for  the  advertising  of  products
or services other than tobacco products, of a brand
name  which  was  already  in  use  in  good  faith  both
for  such  products  or  services  and  for  tobacco
products  before  this  Directive  entered  into  force;

(11)  Whereas existing sponsorship of events or activities
which  Member  States  may  continue  to  authorise
for a period of eight years after the entry into force
of  this  Directive  ending  not  later  than  1  October
2006 
to
voluntary-restraint  measures  and  decrease  of
expenditure  levels  during  the  transitional  period
should  include  all  means  of  achieving  the  aims  of
sponsorship  as  defined  in  this  Directive;

and  which  will 

subject 

be 

(12)  Whereas  Member  States  must  take  adequate  and
effective 
the
implementation  of  national  measures  adopted
pursuant to this Directive in compliance with their
national legislation,

control  of 

ensure 

steps 

to 

HAVE  ADOPTED  THIS  DIRECTIVE:

Article  1

The objective of this Directive is to approximate the laws,
regulations  and  administrative  provisions  of  the  Member
States  relating  to  the  advertising  and  sponsorship  of
tobacco  products.

Article  2

For  the  purposes  of  this  Directive,  the  following
definitions  shall  apply:

1.  ‘tobacco  products’:  all  products 

intended  to  be
smoked,  sniffed,  sucked  or  chewed  inasmuch  as  they
are  made,  even  partly,  of  tobacco;

2.  ‘advertising’: any form of commercial communication
with  the  aim  or  the  direct  or  indirect  effect  of
promoting  a  tobacco  product,  including  advertising
which,  while  not  specifically  mentioning  the  tobacco
product,  tries  to  circumvent  the  advertising  ban  by
using  brand  names,  trademarks,  emblems  or  other
distinctive  features  of  tobacco  products;

3.  ‘sponsorship’:  any  public  or  private  contribution  to
an  event  or  activity  with  the  aim  or  the  direct  or
indirect  effect  of  promoting  a  tobacco  product;

4.  ‘tobacco  sales  outlet’:  any  place  where  tobacco

products  are  offered  for  sale.

Article  3

1. Without prejudice to Directive 89/552/EEC, all forms
of  advertising  and  sponsorship  shall  be  banned  in  the
Community.

2. Paragraph  1  shall  not  prevent  the  Member  States
from  allowing  a  brand  name  already  used  in  good  faith
both for tobacco products and for other goods or services
traded  or  offered  by  a  given  undertaking  or  by  different
. . . (*)  to  be  used  for  the
undertakings  prior  to 
advertising  to  those  other  goods  or  services.

However,  this  brand  name  may  not  be  used  except  in  a
manner  clearly  distinct  from  that  used  for  the  tobacco
product, without any further distinguishing mark already
used  for  a  tobacco  product.

3.  (a)  Member  States  shall  ensure  that  no  tobacco
trademark,

the  brand  name, 

product  bears 

(1)  OJ  L  298,  17.10.1989,  p.  23.  Directive  as  last  amended  by

Directive  97/36/EC  (OJ  L  202,  30.7.1997,  p.  60).

(*)  Date  of  entry  into  force  of  this  Directive.

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emblem  or  other  distinctive  feature  of  any  other
product or service, unless the tobacco product has
already  been  traded  under  that  brand  name,
trademark, emblem or other distinctive feature on
the  date  referred  to  in  Article  6(1).

(b) The  ban  provided  for  in  paragraph  1  may  not  be
circumvented, in respect of any product or service
placed  or  offered  on  the  market  as  from  the  date
laid  down  in  Article  6(1),  by  the  use  of  brand
names, 
other
distinguishing  features  already  used  for  a  tobacco
product.

trademarks, 

emblems 

and 

whereby  persons  or  organisations  with  a  legitimate
interest  under  national 
in  the  withdrawal  of
law 
advertising which is incompatible with this Directive may
take  legal  proceedings  against  such  advertising  or  bring
such  advertising  to  the  attention  of  an  administrative
body  competent  to  give  a  ruling  on  complaints  or  to
institute  the  appropriate  legal  proceedings.

Article  5

To  this  end,  the  brand  name,  trademark,  emblem
and  any  other  distinguishing  feature  of  the
product  or  service  must  be  presented  in  a  manner
clearly  distinct  from  that  used  for  the  tobacco
product.

This  Directive  shall  not  preclude  Member  States  from
laying down, in accordance with the Treaty, such stricter
requirements  concerning  the  advertising  or  sponsorship
of  tobacco  products  as  they  deem  necessary  to  guarantee
the  health  protection  of  individuals.

4. Any free distribution having the purpose or the direct
or indirect effect of promoting a tobacco product shall be
banned.

5. This  Directive  shall  not  apply  to:

—  communications intended exclusively for professionals

in  the  tobacco  trade,

—  the  presentation  of  tobacco  products  offered  for  sale
and  the  indication  of  their  prices  at  tobacco  sales
outlets,

—  advertising  aimed  at  purchasers  in  establishments
specialising  in  the  sale  of  tobacco  products  and  on
their  shop-fronts  or,  in  the  case  of  establishments
selling  a  variety  of  articles  or  services,  at  locations
reserved for the sale of tobacco products, and at sales
outlets  which,  in  Greece,  are  subject  to  a  special
system  under  which  licences  are  granted  for  social
reasons  (‘periptera’),

—  the  sale  of  publications  containing  advertising  for
tobacco  products  which  are  published  and  printed  in
third  countries,  where  those  publications  are  not
principally  intended  for  the  Community  market.

Article  4

Member  States  shall  ensure  that  adequate  and  effective
means 
the
implementation  of  national  measures  adopted  pursuant
to  this  Directive.  These  means  may  include  provisions

and  monitoring 

exist  of 

ensuring 

Article  6

1. Member  States  shall  bring  into  force  the  laws,
regulations,  and  administrative  provisions  necessary  to
comply  with  this  Directive  not  later  than  . . . (*).  They
shall  forthwith  inform  the  Commission  thereof.

When  Member  States  adopt  these  measures,  they  shall
contain  a  reference  to  this  Directive  or  shall  be
accompanied  by  such  reference  on  the  occasion  of  their
official  publication.  The  methods  of  making  such
reference  shall  be  laid  down  by  Member  States.

2. Member States shall communicate to the Commission
the  text  of  the  main  provisions  of  domestic  law  which
they  adopt  in  the  field  covered  by  this  Directive.

3. Member  States  may  defer  the  implementation  of
Article  3(1)  for:

—  one  year  in  respect  of  the  press,

—  two  years  in  respect  of  sponsorship.

In  exceptional  cases  and  for  duly  justified  reasons,
Member  States  may  continue  to  authorise  the  existing
sponsorship  of  events  or  activities  organised  at  world
level  for  a  further  period  of  three  years  ending  not  later
than  1  October  2006,  provided  that:

(*)  Three  years  after  the  entry  into  force  of  this  Directive.

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—  the  sums  devoted  to  such  sponsorship  decrease  over

Article  8

the  transitional  period,

—  voluntary-restraint  measures  are  introduced  in  order
to  reduce  the  visibility  of  advertising  at  the  events  or
activities concerned.

This  Directive  shall  enter  into  force  on  the  day  of  its
publication  in  the  Official  Journal  of  the  European
Communities.

Article  7

Article  9

to 

shall 

submit 

The  Commission 
the  European
Parliament,  the  Council  and  the  Economic  and  Social
Committee  not  later  than  . . . (*),  and  subsequently  every
two  years,  a  report  on  the  implementation  of  this
Directive, with particular reference to the implementation
and  effects  of  Article  3(2)  and  (3)  and  Article  6(3).
Where  appropriate,  it  shall  submit  proposals  for  the
adaptation  of 
to  suit  developments
identified  in  the  report.  Such  adaptation  shall  not  affect
the  periods  provided  for  in  Article  6(3).

this  Directive 

This  Directive  is  addressed  to  the  Member  States.

Done  at  . . .

For  the  European  Parliament

For  the  Council

The  President

The  President

(*)  Three  years  after  the  entry  into  force  of  this  Directive.

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STATEMENT  OF  THE  COUNCIL’S  REASONS

I. 

INTRODUCTION

1.  Subsequent to and in place of an initial proposal presented in 1989 in this field (1), the
Commission  submitted  on  15  May  1991  an  amended  proposal  for  a  Council  directive
on  the  approximation  of  the  laws,  regulations  and  administrative  provisions  of  the
Member States relating to the advertising of tobacco products (2), based on Article 100a
of  the  Treaty  establishing  the  European  Community.

2.  The European Parliament delivered its opinion on 11 February 1992 (3), and confirmed
it on 3 December 1993 under the co-decision procedure provided for in Article 189b of
the  Treaty.

The  Economic  and  Social  Committee  delivered  its  opinion  on  23  September  1992 (4).

In  the  light  of  the  European  Parliament’s  opinion,  the  Commission  presented  a  new
amended  proposal (5)  on  30  April  1992.

3.  On  12  February  1998,  the  Council  adopted  its  common  position  in  accordance  with

Article  189b  of  the  Treaty.

II.  OBJECTIVE  OF  THE  PROPOSAL

The  proposal  aims  to  approximate  the  differing  national  provisions  on  advertising  for
tobacco  products,  taking  as  a  basis  a  high  level  of  health  protection.

The  amended  proposal  submitted  by  the  Commission,  which  takes  into  account  the
discussions  held  in  the  Council  and  the  European  Parliament  on  the  initial  proposal  —
which  provided  for  limitations  on  advertising  for  tobacco  products  in  the  press  and  by
means  of  bills  and  posters  —  and  the  situation  regarding  national  laws  in  this  field  and
their likely further development, aimed for full harmonisation, by banning such advertising,
whatever  the  form  or  medium  used (6).

The  only  exception  (possibility  of  exemption)  to  this  ban  related  to  advertising  within
tobacco  sales  outlets  having  enclosed  indoor  premises  for  serving  their  customers.

The  only  limitation,  introduced  following  the  Parliament’s  opinion,  related  under  certain
conditions  to  the  scope  of  the  ban  on  indirect  advertising  in  the  case  of  non-tobacco
products  marketed  under  the  same  trademark  as  tobacco  products.

(1)  Proposal  for  a  Directive  on  the  advertising  of  tobacco  products  in  the  press  and  by  means  of  bills  and

posters  (OJ  C  124,  19.5.1989,  p.  5).

(2)  OJ  C  167,  27.6.1991,  p.  3.
(3)  OJ  C  67,  16.3.1992,  p.  35.
(4)  OJ  C  313,  30.11.1992,  p.  27.
(5)  OJ  C  129,  21.5.1992,  p.  5.
(6)  Given that advertising on radio and television has in the meantime already been covered, as regards the
provision of services between Member States, by Council Directive 89/552/EEC of 3 October 1989 (OJ
L 298, 17.10.1989, p. 23) — as amended by Directive 97/36/EC of 30 June 1997 (OJ L 202, 30.7.1997,
p.  60)  —  Article  13  of  which  prohibits  all  forms  of  advertising  (and  teleshopping)  for  cigarettes  and
other  tobacco  products.

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III.  ANALYSIS  OF  THE  COMMON  POSITION

1.  Overview

Within  the  framework  of  the  proposed  objective,  the  text  adopted  by  the  Council
confines itself to amendments which are intended primarily to clarify and circumscribe
the  field  of  application  and  scope  and/or  which  meet  operational  concerns.

These  amendments  relate  primarily  to:

(a)  sponsorship,  which  is  explicitly  covered;

(b) specifications  concerning  the  scope  of  the  ban  on  indirect  advertising  by  the  use  of

trademarks  (and  other  distinctive  features);

(c)  the definition of certain fields or aspects — including the question of sales outlets —
to  which  the  Directive  does  not  apply,  which  may  be  regulated  at  national  level;

(d) the  special  conditions  governing  the  implementation  and  monitoring  of  certain

provisions,  particularly  with  regard  to  indirect  advertising  and  sponsorship.

2.  Content  of  the  enacting  terms

The enacting terms, the structure and components of which have not been substantially
amended  compared  to  the  proposal,  have  been  adjusted  as  follows,  (Article  1  (new)  is
merely  a  formal  addition):

(i)  Article  2  (former  Article  1)  —  definitions:

—  the  scope  of  the  definition  of  advertising  has  not  been  amended.  The  more
general wording adopted (‘any form of communication’) covers a broader field
and 
that
is 
communications in the context of purely artistic or journalistic activities do not
fall  within  the  scope  of  advertising,

intended  merely 

the  description 

‘commercial’ 

to  specify 

—  a  definition  of  sponsorship,  formulated  by  analogy  with  that  of  advertising,  is
introduced  for  the  purpose  of  the  Directive  and  the  rules  relating  thereto,

—  the  definition  of  tobacco  sales  outlets,  for  the  purpose  of  the  exceptions
provided  for  in  the  second  and  third  indents  of  Article  2(5),  is  expressed  in
more  general  and  extensive  terms  than  that  proposed;

(ii)  Article  3  (former  Article  2)  —  substantive  provisions:

(a)  in  paragraph  1,  the  general  banning  of  all  forms  of  advertising  is  extended  to

sponsorship;

(b) in  paragraphs  2  and  3  (former  paragraphs  2,  2a  and  3),  the  specifications
concerning  the  scope  of  the  ban  on  indirect  advertising  through  the  use  of
trademarks  (and  other  distinctive  features)  are  reworded  as  follows:

—  the possibility of limiting the scope of the ban — laid down in paragraph 2
—  as  regards  the  use  under  quite  specific  conditions  of  brand  names  in
advertising for products (or services) other than tobacco products, is in line
with  the  objective  referred  to  in  paragraph  2a  of  the  proposal,

—  paragraph 3(a) meets, in more specific and operational terms, the objective
of  the  provision  laid  down  in  paragraph  3  of  the  proposal,  as  regards  the
use  for  tobacco  products  of  brand  names,  trademarks  (or  other  distinctive
features)  already  used  for  other  products  (or  services),

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—  paragraph  3(b),  which  refers  to  any  use  for  any  product  (or  service)  of
brand  names,  trademarks  (or  other  distinctive  features)  associated  with
tobacco  products  under  conditions  likely  to  circumvent  the  ban  on
advertising, is intended to reinforce the scope of the objective of paragraph
2  of  the  proposal,  which  has  not  been  incorporated  as  such  as  this
provision  in  the  given  form  is  considered  to  be  covered  by  the  ban  set  out
in paragraph 1 by reference to the definition of advertising given in Article
2.

(c)  The wording of the ban on free distribution laid down in paragraph 4 has been
adapted  so  as  to  target  the  objective  more  effectively  by  analogy  with  the
definition  of  advertising.

(d) The fields not covered, which are for the Member States to regulate, if they so

wish,  are  set  out  in  paragraph  5  (new).

This paragraph, covering a broader field, replaces Article 3 of the proposal —
which  is  deleted.

The  scope  of  these  exceptions  is  as  follows:

—  communications  between  professionals  in  the  tobacco  trade,  addressed
exclusively  to  them  and  not  to  the  general  public  (first  indent);  such
communications  therefore  do  not  fall  within  the  scope  of  the  definition  of
advertising  for  the  purpose  of  the  Directive,

—  with  regard  to  the  provisions  relating  to  sales  outlets:

—  in  general,  those  relating  to  the  presentation  of  products  and  to  the

indication  of  their  price  (second  indent),

—  more  specifically,  in  accordance  with  the  Commission  proposal  but
making  greater  allowance  for  the  different  sales  structures  in  the
Member  States,  advertising  aimed  at  purchasers  (third  indent);

—  the  sale  of  publications  originating  from  third  countries  (fourth  indent)  —
under  conditions  designed  to  prevent  distortion;  this  exception  is  intended
to  ensure  observance  of  the  right  to  information  which  is  part  of  freedom
of  expression.

(iii)  The  proposed  provisions  concerning  the  means  of  monitoring  implementation
(Article  4)  and  the  possibility  of  laying  down  stricter  requirements  (Article  5)  at
national  level  were  subject  only  to  limited  adjustments.

(iv)  The provisions of Article 6 concerning the transposition and implementation of the
provisions  in  the  Member  States  have  been  reworded  to  allow  for  the  necessary
adjustments  and  adaptations  of  commercial  practice  and  to  take  account  of
economic  constraints.

The  period  specified  for  transposition  is  in  general  three  years  (paragraph  1),  but
paragraph  3  provides  for  the  possibility  of  deferring  implementation:

—  in  respect  of  the  press,  for  one  year,

—  in  respect  of  sponsorship  in  general,  for  two  years,  and,  under  certain
conditions  and  within  specific  limits  for  existing  sponsorship  of  events  or
activities  organised  at  world  level,  for  a  further  period  of  three  years  ending
not  later  than  1  October  2006,  the  date  on  which  all  provisions  of  the
Directive  will  be  applicable.

26.3.98

EN

Official  Journal  of  the  European  Communities

C  91/41

(v)  Provisions  are  introduced  (new  Article  7)  with  a  view  to  appropriate  monitoring
(through  reports  and,  where  appropriate,  proposals  from  the  Commission  for
adaptation)  of  the  implementation  and  effects  of  the  Directive,  particularly  with
regard  to  procedures  concerning  indirect  advertising  and  conditions  applicable  to
sponsorship.

IV.  AMENDMENTS  PROPOSED  BY  THE  EUROPEAN  PARLIAMENT

1.  Amendment  10  accepted  by  the  Commission

This  amendment  —  one  of  the  most  substantial  —  which  introduces  under  certain
conditions a limitation on the ban referred to in Article 2(2) of the proposal, is the only
one  incorporated  by  the  Commission  in  its  proposal  (Article  2(2a)).

The  objective  of  this  amendment  is  taken  into  account  in  the  Council’s  text  (Article
3(2))  in  a  different  form  and  by  different  means  (see  point  III(2)(ii)(b)  above).

These  means  take  particular  account  of  the  difficulties  in  implementing  the  conditions
specified,  linked  in  particular  to  the  method  of  determining  a  company’s  annual
turnover  of  tobacco  products  (following  a  full  examination,  these  difficulties  appeared
to  be  insurmountable).

The provision adopted by the Council is not moreover a binding rule, but represents for
Member  States,  which  are  free  to  impose  stricter  requirements.

2.  Other  amendments,  not  adopted  by  the  Commission

(a)  A m e n d m e n t s   a d o p t e d ,   i n   f u l l   o r   i n   p a r t ,   b y   t h e   C o u n c i l

—  Amendment  4  (Article  1,  first  indent)  concerning  the  mention  of  sponsorship,

which  is  included  under  a  specific  definition,  in  Article  2(3),

—  Amendment  8  (Article  5),

—  Amendment  9  (Article  6(2a)  (new)),  in  a  more  specific  and  detailed  form,  in

Article  7  of  the  Council’s  text.

(b) A m e n d m e n t s   n o t   a d o p t e d   a s   s u c h   b y   t h e   C o u n c i l

The  Council,  in  general  following  the  Commission  and  for  the  reasons  given,  has
not  adopted  the  other  amendments.

V.  CONCLUSION

The  text  of  the  common  position,  which  is  the  outcome  of  full  and  difficult  examination
and  discussions  within  the  Council,  largely  meets  the  objective  of  the  proposal,  with
adjustments primarily intended to clarify and specify its field of application and operational
scope, taking into account the operating objectives of the internal market, the very specific
characteristics  of  the  sector  and  health  requirements  in  a  field  in  which  health  is  an
important  factor.