Opinion of the Economic and Social Committee on the "Proposal for a Directive 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 (presented by the Commission pursuant to Articles 47(2), 55 and 95 of the EC Treaty)"
Date: 2001-10-17
Institutions: European Economic and Social Committee
Subjects: advertising, approximation of laws, sponsorship, tobacco

C 36/104

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Official Journal of the European Communities

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international level, with a view to establishing harmonised
regulations. Far from being a marginal aspect of the strategy,
this objective is a cornerstone in the application of the
precautionary principle at world level. An initial positive step
in this direction was the signing of the convention on POPs
(persistent organic pollutants) on 22 May in Stockholm (1).

(1) For the content of the convention, see IP/01/730.

Brussels, 17 October 2001.

5.7.
The ESC is aware of the practical problems that remain
unsolved with regard to translating the broadly acceptable
general policies of the white paper into specific laws. Neverthe-
less, it would stress the need for all the stakeholders to take a
positive stance vis à vis the complexities of the implementation
phase.
intends to monitor the process and make its
own contribution towards a future chemicals industry that
maintains and strengthens competitiveness in a context of
safety and maximum protection for public health and the
environment.

It

The President

of the Economic and Social Committee

Göke FRERICHS

Opinion of the Economic and Social Committee on the ‘Proposal for a Directive 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
(presented by the Commission pursuant to Articles 47(2), 55 and 95 of the EC Treaty)’

(2002/C 36/20)

On 3 July 2001, the Council decided to consult the Economic and Social Committee, under Article 95 of
the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee’s work on the subject, adopted its opinion on 3 October 2001. The rapporteur was Mr Fuchs.

At its 385th plenary session held on 17 and 18 October 2001 (meeting of 17 October), the Economic
and Social Committee adopted the following opinion by 50 votes to 18, with seven abstentions.

1.

Introduction

1.1.
The ESC notes that, as part of the move towards the
completion of the single market, the draft Directive under
review is to replace Directive 98/43/EC of 6 July 1998, which
has been annulled by the Court of Justice of the European
Communities (1). The draft Directive is to regulate the advertis-
ing of tobacco products and related sponsorship. The goal is
to harmonise the legal and administrative provisions of the
Member States in order to remove obstacles to the operation
of the single market, thereby ensuring freedom of movement
for goods and services.

(1) Case C-376/98 of 5.10.2000, Germany v. Parliament and Council.

1.2. Most Member States have adopted legislation to regu-
late tobacco advertising and related sponsorship. The scope of
these national
laws varies. Directive 89/552/EC banning
television advertising of tobacco products has, however, been
incorporated into national law by all Member States. In its
proposal the Commission points out that Member States fall
into one of three groups, namely:

a)

b)

c)

states which have introduced limited restrictions on
tobacco advertising: Luxembourg, Sweden, Spain, Greece,
Germany and Austria;

states which have introduced a total ban on tobacco
advertising: France, Italy, Portugal and Finland;

states which are in the process of amending their laws:
United Kingdom, Ireland, The Netherlands, Denmark and
Belgium.

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Divergencies between national laws may have the effect of
strengthening barriers that impede the free circulation of
advertising and sponsorship products and services between
the Member States. These barriers are to be removed.

A report commissioned by the World Bank on curbing
1.7.
tobacco products (4), concludes that
the consumption of
complete bans on tobacco advertising, which cover all media
and all uses of brand names and logos, are effective.

The draft Directive is based on Articles 47(2), 55
1.3.
and 95 of the EC Treaty. Article 95(3) of the Treaty establishes
a high level of health protection as a basis on which to act.
The proposed approximation of the laws of the Member States
is designed to protect public health by preventing young
people from being induced to smoke and becoming addicted
to tobacco products at an early age as a result of advertising.

Account has also been taken of the public health concerns
brought to the attention of the Commission by the Member
States and scientific bodies (Article 95(8)).

1.4.
The draft Directive seeks to regulate the advertising of
tobacco products and related sponsorship, apart from tele-
vision advertising, which is covered by other EU provisions.
The aim of the draft Directive is to bring about the most
extensive possible ban on both the advertising of tobacco
products in all media and on sponsorship, in a form which is
fully in accordance with the case-law of the European Court of
Justice. The draft Directive also makes provision for a reporting
procedure which takes account of new scientific developments
having an impact of the implementation and operation of the
single market.

The ESC notes that

1.5.
the proposed measures tally
with the recommendations of the Commission’s Advisory
Committee for Cancer Prevention (1) and of the World Health
Assembly of the World Health Organisation(WHO) (2). The
proposed measures also take account of the opinion on a
socially responsible Community tobacco policy adopted on
14 June 1998 by the Commission’s Consumers Committee (3).

1.6.
The WHO’s work on smoking prevention is particu-
larly important. The 52nd World Health Assembly decided, at
its meeting on 24 May 1999, to set up an intergovernmental
negotiating body to draft a proposed WHO Framework
Convention on Tobacco Control. In the framework of the
negotiations on this Convention, a further aim is to adopt
provisions governing tobacco advertising, sponsorship and
other forms of promotion; these provisions will have an
impact on the existing body of Community legislation.

2. General comments

2.1.
The ESC welcomes the Commission’s Proposal for a
Directive 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.

The ESC shares the view that

2.2.
the harmonisation
and approximation of Member States’ existing legal and
administrative provisions, as proposed by the Commission,
will make these provisions easier to apply. The ESC is in favour
of more extensive harmonisation or approximation of Member
States’ legal provisions, where this is clearly necessary for the
completion of the single market. The ESC notes with regret
that the Commission has not produced any evidence of actual
trade barriers in the field of tobacco advertising.

2.3.
The ESC draws attention to the fact that the Com-
mission’s initiative may be regarded as a further step towards
improving public health in the EU. The ESC has already
endorsed the growing importance of public health at EU level
on a number of occasions (5).

The ESC sees the Commission’s initiative as a further
2.4.
measure to prevent damage to health as a result of smoking.
With this aim in view, the ESC points out that the adoption of
a broad transnational strategy for preventing tobacco-related
damage to health is the only way of achieving lasting success
in this field. The ESC therefore unreservedly endorses the
Council’s conclusions of 19 June 2001 (6) on the WHO
Framework Convention on Tobacco Control, and the fact that
the Commission is lending its support to the WHO in its bid
to draw up the Framework Convention on Tobacco Control.

2.5.
The ESC welcomes the fact that the draft Directive acts
on its demands for a ban on direct and indirect advertising of
tobacco products expressed in its opinion of 9 July 1997 (7).

(1) COM(96) 609 final — Annex.
(2) WHO, Tobacco or Health. A global status report, Geneva, 1997,

page 49.

(3) Opinion of the Consumers Committee on a Socially Responsible

Community Tobacco Policy (14.6.1998).

(4) Curbing the Epidemic, World Bank, Washington, 1999; Tobacco
control in developing countries, Oxford University Press, Oxford,
2001.

(5) OJ C 407, 28.12.1998, p. 21.
(6) OJ C 174, 19.6.2001, p. 1.
(7) OJ C 296, 29.9.1999, p. 32.

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The ESC draws attention to its many earlier opinions (1)
2.6.
highlighting the fact that tobacco products are damaging to
public health and are a cause of heart and circulatory diseases,
cancer and other illnesses. The WHO (2) (3) estimates that
approximately 500 000 people in the EU die prematurely each
year from the effects of smoking. Eighty per cent of young
people start smoking before they are 18. Given the EU’s
objective of ensuring a high level of health protection and the
need to protect consumers, there is a need for a complete ban
on advertising tobacco products, as part of a comprehensive
package of measures to prevent smoking. Such an approach
would prevent children and adolescents, who are in special
need of protection, from being induced to smoke and becom-
ing addicted to tobacco products at an early age as a result of
advertising.

Epidemiological and clinical research in the field of
2.7.
smoking should be stepped up. The importance of additives
and carcinogens represent areas of particular interest in this
respect.

2.8.
The ESC assumes that the Commission has taken due
account of the judgement of the Court of Justice of the
European Communities of 5 October 2000.

3. Specific comments

3.1.
The ESC welcomes the objectives of the draft Directive,
which are to improve the level of health protection within the
it regrets that the Commission’s
Member States. However,

(1) Opinion on a programme of Community action in the field of
public health (2001-2006) — OJ C 116, 20.4.2001, p. 20.
Opinion on the approximation of the laws, regulations and
administrative provisions of the Member States concerning the
manufacture, presentation and sale of tobacco products, ‘recast
version’ — OJ C 140, 18.5.2000, p. 24. Opinion on combating
tobacco consumption — OJ C 296, 29.9.1997, p. 32.

(2) WHO, Tobacco or Health. A global status report, Geneva 1997.
(3) Peto et. al. Mortality from smoking in developed countries 1950-

2000, Oxford University Press, Oxford 1994.

Brussels, 17 October 2001.

draft offers no evidence of the effectiveness of an advertising
ban from the experience of those Member States where a ban
already applies.

3.2. Article 1

The ESC deplores the fact that the draft Directive has a limited
field of application and that there is to be no comprehensive
regulation of the advertising and sponsorship of tobacco
products, which also includes cinema and outdoor advertising.

3.3. Article 2

The ESC draws attention to the fact that IT services are
expanding and changing rapidly and that it is not likely to
be easy to monitor these services,
including their use for
advertising.

3.4.
The ESC assumes that Article 3, in particular, will be
subject to careful legal review. This review should also consider
whether newspapers and other printed publications that are of
an exclusively local and regional nature, that do not therefore
obstruct the single market and that are governed exclusively
by national legislation, should be exempt from this ban, in
line with the arrangements for sponsorship and printed
publications issued outside the European Union.

3.5. Article 5

The ESC wishes to highlight the issue of ‘dumping prices’, i.e.
the sale of tobacco products in the EU for less than their value
in some cases. The ESC welcomes the Commission’s plan to
tackle this barrier to the operation of the single market in a
separate directive.

3.6. Article 6

The ESC welcomes the obligation upon the Commission to
submit a report.

The President

of the Economic and Social Committee

Göke FRERICHS

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APPENDIX

to the opinion of the Economic and Social Committee

The following passages from the Section’s opinion were deleted by the Committee as a result of proposed
amendments. At least a quarter of the votes cast were, however, in support of the retention of these passages:

Point 2.2

‘Existing trade barriers are to be removed. The ESC is in favour of more extensive harmonisation and approximation
of Member States’ legal provisions, which it regards as an essential additional step towards the completion of the
single market.’

Voting on the deletion of the above passage:

For: 44, against: 28, abstentions: 3.

Point 3.1

‘The ESC welcomes the objectives of the draft Directive. It trusts that the draft Directive will remove barriers to the
operation of the single market and also bring about a high level of health protection within the Member States.’

Voting on the deletion of the above passage:

For: 39, against: 33, abstentions: 0.