Proposal for a Council recommendation on the prevention of smoking and on initiatives to improve tobacco control
Date: 2002-06-17
Institutions: European Commission
Subjects: advertising, consumer information, consumer protection, public health, sale, smoking, social problem

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 17.06.2002
COM(2002) 303 final

Proposal for a

COUNCIL RECOMMENDATION

on the prevention of smoking and on initiatives to improve tobacco control

(presented by the Commission)

EXPLANATORY MEMORANDUM

INTRODUCTION

1.

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3.

4.

5.

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The  prevalence  of  smoking  is  a  major  public  health  concern  in  Europe,  given  the
links  between  tobacco  consumption  and  a  significant  proportion  of  cancers,
cardiovascular and respiratory diseases. The number of smokers in the population is
high, at about a third of the Community population, and the health impact is similarly
significant, with about 500,000 smoking related deaths per  year in  the  Community.
Smoking  also  has  established  health  effects  on  non-smokers,  particularly  on
vulnerable groups.

The European Community has been addressing tobacco control issues since the late
nineteen eighties. Since 1987, the “Europe against Cancer” Programme has acted as
a  major  focus  for  measures  aimed  at  reducing  tobacco  consumption.  Through  its
successive  action  plans,  this  programme  has  i.  a.  supported  Europe-wide  smoking
prevention projects, and established pan-European smoking prevention networks.

In  1989,  two  important  legislative  measures  were  adopted.  Firstly,  the  Television
without  Frontiers  Directive1  banned  all  forms  of  television  advertising  for  tobacco
products.  It  also  provided  that  television  programmes  may  not  be  sponsored  by
natural or legal persons whose principal activity is the manufacture or sale of tobacco
products.  Secondly,  in  1989  the  first  EC  rules  on  labelling  tobacco  products  with
health  warnings  were  introduced  in  the  framework  of  a  Directive2  aimed  at
harmonising  Internal  Market  provisions,  taking  as  a  basis  a  high  level  of  public
health protection.

As  a  next  step,  in  1990  a  Directive3  was  adopted  setting  an  EC  ceiling  on  the  tar
content  of  cigarettes.  In  1992,  a  revision  of  the  tobacco  labelling  rules  was
introduced4  to  establish  additional  specific  warnings  for  unit  packaging  of  tobacco
products other than cigarettes. On this occasion, the placing of oral tobacco products
on the Community market was prohibited. All these measures were later recast into
the new Tobacco Products Directive adopted in June 20015.

As regards the protection of non smokers from environmental tobacco smoke (ETS),
the Resolution of the Council and the Ministers for Health of the Member States of
18  July  1989  on  banning  smoking  in  places  open  to  the  public6  provided  Member
States  with  guidelines  for  the  protection  of  non  smokers7.  A  Report  from  the

Directive 89/552/EEC
Directive 89/622/EEC
Directive 90/239/EEC
Directive 92/41/EEC
Directive 2001/37/EC
OJ C189, 26.7.1989, p. 1.
Regarding the protection from environmental smoke at the workplace, two other Directives are relevant.
Firstly, a Council Directive from 1989 concerning the minimum safety and health requirements in the
workplace,  which  requires  employers  to  protect  workers  from  passive  smoking  in  their  rest  areas.
Secondly, a 1992 Council Directive on the introduction of measures to encourage improvements in the
safety  and  health  at  work  of  pregnant  workers  and  workers  who  have  recently  given  birth  or  are
breastfeeding.  Vid.  Council  Directive  89/654/EEC  of  30  November  1989  concerning  the  minimum
safety  and  health  requirements  for  the  workplace.  OJ  L  393,  30.12.1989,  p. 1;  and  Council  Directive

2

                                                
Commission8  was  published  in  1996  in  order  to  evaluate  the  response  to  this
Resolution  in  the  Member  States.  It  showed  a  clear  undertaking  by  the  Member
States  to  implement  the  Resolution,  with  however  great  variations  in  the  concrete
measures adopted. The  present Recommendation underlines  the need for protection
against ETS, in particular with regard to vulnerable groups such as children, pregnant
women and persons with respiratory diseases.

RECENT DEVELOPMENT OF TOBACCO CONTROL POLICY

6.

7.

8.

9.

The Commission's High Level Cancer Experts Committee adopted recommendations
on tobacco control initiatives required at Community level in  a meeting in October
19969. The Council Resolution of 26 November 1996 on the reduction of smoking in
the  European  Union10  reviewed  the  actions  taken  in  this  field  and  indicated
guidelines for future action.

In its Communication on smoking prevention of December 199611 the Commission
proposed  a  series  of  measures  to  reinforce  smoking  prevention  throughout  the
Community. It set out a series of options for action both in terms of prevention and
related legislation, focusing on smoking prevention in the public health context but
also  in  relation  to  all  Community  policies  and  activities.  In  parallel,  the  Advisory
Committee for Cancer Prevention was established in 199612 with a view to provide
guidance to the Commission in the pursuit of its anti-smoking measures.

Following  the  comments  of  the  European  Parliament  and  the  Council,  the
Commission  presented  in  October  1999  a  Report13  on  the  follow-up  to  the  1996
Communication.  This  report  contains  an  analysis  of  Member  State  policies  and
practices on a series of tobacco control measures, some of which are dealt with in the
present proposal for a Council Recommendation.

The  Council  Conclusions  of  18  November  1999  on  combating 
tobacco
consumption14  underlined  the  necessity  for  developing  an  overall  strategy,  and
invited the Commission to contribute to such a strategy. A number of the measures
suggested  in  these  Council  Conclusions  are  addressed  in  the  present  proposal,  in
particular some of the initiatives aiming at the protection of minors (including rules
for selling conditions, sales through electronic means and vending machines).

10.

As  outlined  above,  the  European  Parliament  and  Council  adopted  a  Directive
recasting  the  existing  Community  Directives  on  tobacco  product  regulation,  and

92/85/EEC  of  19  October  1992  on  the  introduction  of  measures  to  encourage  improvements  in  the
safety  and  health  at  work  of  pregnant  workers  and  workers  who  have  recently  given  birth  or  are
breastfeeding. OJ L 348, 28.11.1992, p. 1.
Report  from  the  Commission  to  the  Council,  the  European  Parliament,  the  Economic  and  Social
Committee and the Committee of the Regions on the response to the Resolution of the Council and the
Ministers for Health of the Member States  meeting  within the Council on banning smoking  in  places
open to the public.
Doc. COM (96) 0573 final.
Doc. COM(1996) 609 final - Annex
OJ C374, 11.12.1996, p. 4.
Doc. COM (1996) 609 final.
COM Decision 96/469/EC.
Doc. COM (1999) 407 final
OJ C86, 24.3.2000, p. 4.

8

9

10

11

12

13

14

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introducing  several  new  elements  particularly  concerning  tobacco  additives  and
misleading descriptors, on 5 June, 200115. Moreover, the Commission adopted on 14
May, 2001 a proposal for a Directive on tobacco advertising and sponsorship16 which
is  currently  examined  by  the  European  Parliament  and  the  Council  under  the  co-
decision procedure. Both these texts have as their objective the improvement of the
conditions  for  the  establishment  and  functioning  of  the  Internal  Market  and  the
elimination  of  obstacles  to  its  smooth  operation,  taking  as  a  basis  a  high  level  of
health protection.

The present Commission proposal for a Council Recommendation deals with further
aspects  of  tobacco  control,  which  concern  the  improvement  of  public  health,  the
prevention  of  human  illnesses  and  diseases,  and  obviating  sources  of  danger  to
human  health.  It  also  takes  account  of  the  negotiations  for  the  establishment  of  a
World  Health  Organisation  Framework  Convention  on  Tobacco  Control,  and  the
need to ensure coherence with other actual or proposed acts.

Directive 98/43/EC of the European Parliament and of the Council of 6 July 1998 on
the  approximation  of  the  laws,  regulations  and  administrative  provisions  of  the
Member States relating to the advertising and sponsorship of tobacco products17 was
annulled  by  the  Judgement  of  the  Court  of  Justice  of  the  European  Communities
(ECJ)  in  Case  C-376/9818.  The  Proposal  for  a  new  Directive  adopted  by  the
Commission  on  14  May,  2001  (cf.  paragraph  10  above)  is  intended  to  replace  the
annulled  Directive.  It  has  nevertheless  a  more  limited  scope  and  does  not  include
certain tobacco control measures which were covered by the annulled Directive, and
in  particular  certain  forms  of  advertising  and  sponsorship  where  -  according  to  the
ECJ  ruling  -  harmonisation  cannot  presently  be  justified  on  the  basis  of  internal
market  rules.  Given  that  these  forms  of  advertising  nevertheless  play  an  important
role  in  tobacco  promotion,  in  particular  as  they  also  reach  young  people,  measures
concerning  such  advertising,  sponsorship  and  promotional  practices  have  been
included in the present proposal for a Council Recommendation.

A  further  element  of  the  proposed  Recommendation  which  complements  the
measures foreseen in the Commission proposal for a Directive on tobacco advertising
and  sponsorship  is  that  Member  States  should  evaluate  expenditure  by  the  tobacco
industry on the promotion of their products, in order to ensure better monitoring of
the application of advertising restrictions and their eventual circumvention. As stated
before, the proposal for a Directive on tobacco advertising had to limit its scope to
certain types of advertising with cross-border effects. In 1999, a World Bank report19
concluded  that  advertising  increases  cigarette  consumption  and  that  legislation
banning  advertising  would  reduce  consumption  provided  that  it  is  comprehensive,
covering all media and uses of brand names and logos. Such a reduction in cigarette
consumption  would  have  immediate  short-term  and  long-term  benefits  for  public

Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001
Doc. COM(2001) 283 final
Directive 98/43/EC of the European Parliament and of the Council of 6 July 1998 on the approximation
of the laws, regulations and administrative provisions of the Member States relating to the advertising
and sponsorship of tobacco products - – OJ L 213, 30.7.1998, p. 9.
European Court of Justice, Case C-376/98, Judgement of 5 October 2000, Germany  v Parliament and
Council.
The  World  Bank,  « Curbing  the  Epidemic  :  Governments  and  the  Economics  of  Tobacco  Control »,
1999, Washington DC.

4

11.

12.

13.

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health.  In  order  to  be  able  to  evaluate  the  public  health  consequences  of  both
Member States and European Community legislation on tobacco advertising, as well
as of any voluntary restrictions on tobacco advertising, it is important to monitor to
what extent advertising efforts of the tobacco industry are diverted to other forms of
advertising, sponsorship and similar promotional activities. In fact, such information
is needed for future planning of tobacco control activities by both national authorities
and the European Community, with the ultimate objective of an improved protection
of the European citizens’ health.

Particular mention should be made of the issue of availability of tobacco products to
children and adolescents. This includes the application of age criteria to sales, as well
as vending machine sales, self-service sales, distance sales (such as sales through the
Internet, which should be restricted to sites protected by adult verification methods,
using  effective  mechanisms  for  identifying  the  age  of  the  buyers)  and  sales  of
cigarettes  in  packets  of  less  than  20  pieces  (in  order  to  avoid  lower  packet  prices,
which would make cigarettes more easily accessible for children and adolescents).

The present proposal envisages a series of measures addressed to restrict the access
of children and adolescents to tobacco products. It recommends that tobacco distance
sales,  such  as  sales  via  the  Internet,  be  restricted  to  sites  protected  by  adult
verification  methods.  With  regard  to  vending  machines,  it  recommends  that  the
access to these machines, viz. to the tobacco products sold through the machines, by
children  and  adolescents  be  regulated  by  efficient  means  (placing  of  machines  in
locations  accessible  only  to  persons  over  the  age  set  for  the  purchase  of  tobacco
products in national law, or other access restrictions to equivalent effect, e. g. the use
of  adult  verification  methods  before  the  delivery  of  a  tobacco  product  through  the
machine).  Furthermore,  vending  machines  should  not  be  used  as  advertising  sites
since they are seen indiscriminately by consumers and non-consumers alike.

The measures outlined in the proposed Recommendation are entirely in line with the
negotiations  for  the  establishment  of  a  World  Health  Organisation  Framework
Convention  on  Tobacco Control (FCTC)20.  In fact, the draft elements  of the  FCTC
presently under discussion include i. a. provisions aiming at a total ban on all forms
of  direct  and  indirect  advertising,  the  restriction  of  access  by  minors  to  tobacco
vending machines, the prohibition of the sale of cigarettes individually or in packets
of fewer than 20, and the requirement for tobacco companies to disclose expenditures
on advertising

14.

15.

16.

20

Internet address < http://www.who.int/gb/fctc/ >

5

                                                
Proposal for a

COUNCIL RECOMMENDATION

on the prevention of smoking and on initiatives to improve tobacco control

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
152 (4), second subparagraph thereof,

Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

(3)

(4)

Article 152  of the Treaty stipulates  that Community  action,  which  shall  complement
national policies, shall be directed towards improving public health, preventing human
illness and diseases, and obviating sources of danger to human health;

The  Resolution  of  the  Council  and  the  Ministers  for  Health  of  the  Member  States,
meeting within the Council of 18 July 1989 on banning smoking in places open to the
public2, provided guidelines to the Member States  for the  protection  of  non-smokers
from environmental tobacco smoke. Following a Report from the Commission on the
response  from  the  Member  States  to  this  initiative3,  the  present  Recommendation
reinforces such protection and identifies particularly vulnerable groups.

The  Council  Resolution  of  26  November  1996  on  the  reduction  of  smoking  in  the
European  Community4  recognised  the  need  for  the  development  of  an  effective
strategy  on  combating  tobacco  consumption,  which  includes  certain  of  the  elements
contained in this Recommendation;

The Council Conclusions5 of 18 November 1999 on combating tobacco consumption
underlined  the  necessity  for  developing  an  overall  strategy,  which  includes  some  of
the  measures  outlined  in  the  present  Recommendation  for  the  protection  of  minors
(rules for selling conditions, sales through electronic means and vending machines);

(5)

The  recommended  actions  are  necessary  against  a  background  of  500,000  smoking
related  deaths  annually  in  the  European  Community  and  a  worrying  increase  in  the

1

2

3

4

5

OJ C […], […], p. […]
OJ C 189, 26.7.1989, p. 1
Report  from  the  Commission  to  the  Council,  the  European  Parliament,  the  Economic  and  Social
Committee and the Committee of the Regions on the response to the Resolution of the Council and the
Ministers for Health of the Member States  meeting  within the Council on banning smoking  in  places
open to the public.
Doc. COM (96)0573 final.
OJ C 374, 11.12.1996, p. 4.
OJ C 86, 24.3.2000, p. 4.

6

                                                
(6)

(7)

(8)

(9)

number  of  children  and  adolescents  who  take  up  smoking.  Smoking  is  damaging
human health, as smokers become addicted to nicotine and suffer  fatal  and disabling
diseases  such  as  cancers  of  the  lung  and  other  organs,  ischaemic  heart  disease  and
other circulatory diseases, and respiratory diseases such as emphysema;

in  reducing 

tobacco  consumption  and  smoking 

Smoking  prevention  and tobacco  control are already  priority objectives in the  public
health  policies  of  Member  States  and  the  European  Community.  Nevertheless,
smoking  remains  the  biggest  form  of  preventable  death  in  the  European  Union,  and
is  still
progress 
disappointing. Moreover, the advertising, marketing, and promotion strategies used by
the tobacco industry foster tobacco consumption, thereby increasing the already high
mortality  and  morbidity  caused  by  the  use  of  tobacco  products.  Some  of  these
strategies  appear  to  be  targeting  young  people  in  their  educational  years,  in  order  to
replace  the  large  number  of  smokers  who  die  annually.  It  is  in  fact  established  that
60% of smokers start the habit before 13 years of age, and 90% before 18;

incidence 

Through the Europe against Cancer program6, the European Community has set as one
of  its  objectives  a  contribution  to  the  improvement  of  the  health  of  its  citizens  by
reducing the number of cases of cancer and other diseases related to smoking;

Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001
on the manufacture, presentation and sale of tobacco products7 and the Proposal for a
Directive  on  advertising  and  sponsorship  of  tobacco  products8  deal  with  tobacco
control in the context of the completion and consolidation of the Internal Market and
the abolition of obstacles to its smooth operation, while taking as a basis a high level
of public health protection;

Certain measures that should be part of a comprehensive tobacco control policy, such
as  a  prohibition  of  billboard  and  poster  advertising,  or  of  advertising  in  cinemas,
cannot  presently  be  subject  to  harmonisation  under  the  Community  internal  market
rules. However such harmonisation could be possible in the future if obstacles to the
free  movement  of  goods  or  the  freedom  to  provide  services  or  distorsions  of
competition arise;

(10) All the above facts highlight the need for a comprehensive approach towards tobacco
control,  with  a  view  to  reducing  the  incidence  of  smoking-induced  diseases  in  the
Community;

(11)

In  the  context  of  a  comprehensive  tobacco  control  policy,  it  is  essential  to  adopt
measures aimed particularly at reducing demand for tobacco products by children and
adolescents.  Such  measures  may  include  actions  aimed  at  reducing  the  supply  of
tobacco  to  children  and  adolescents,  and  at  limiting  the  exposure  of  children  and
adolescents  to  certain  kinds  of  advertising,  marketing  and  promotion  strategies  for

6

7

8

Decision No 646/96/EC of the European Parliament and of the Council of 29 March 1996 adopting an
action  plan  to  combat  cancer  within  the  framework  for  action  in  the  field  of  public  health  (1996  to
2000) OJ L 95 , 16.04.1996, p. 9.
Directive  2001/37/EC  of  the  European  Parliament  and  of  the  Council  of  5  June  2001  on  the
approximation of the laws, regulations and administrative provisions of the Member States concerning
the manufacture, presentation and sale of tobacco products. OJ L 194, 18.07.2001 p. 26.
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 COM/2001/0283 final. OJ C 270, 25.09.2001 p. 97.

7

                                                
tobacco  products,  taking into account that  such  strategies  impact  indiscriminately  on
young people and other age groups.

(12) Certain  forms  of  sales  and  distribution  of  tobacco  products  facilitate  the  access  by
children  and  adolescents  to  these  products,  and  should  therefore  be  regulated  by
Member States.

(13) Given that vending machines are visible to consumers and non-consumers alike, they
should not carry advertising or be otherwise used as sites for the promotion of tobacco
products.

(14)

(15)

Two other important measures at European Community level address the  advertising
and  the  sponsorship  of  tobacco  products.  The  1989  Television  without  Frontiers
Directive9 bans all forms  of television advertising for tobacco products  and provides
that television programmes  may  not  be  sponsored  by  natural  or  legal  persons  whose
principal activity is the manufacture or sale of tobacco products. The current proposal
for a Directive on advertising and sponsorship of tobacco products10 foresees a ban of
tobacco  advertising  in  the  press  and  in  other  printed  publications,  in  the  radio  and
through information society services. This proposal also foresees a ban on sponsorship
by tobacco companies of radio programmes, and of events involving or taking place in
several Member States or otherwise having cross-border effects;

This Recommendation addresses other types of advertising, marketing and promotion
practices  used  by  the  industry  to  promote  tobacco  consumption,  which  can
indiscriminately  reach  children  and  adolescents.  Such  practices  include  the  use  of
tobacco  brand  names  on  non-tobacco  merchandise  or  services  (“brand-stretching”)
and/or  clothes  (“merchandising”),  the  distribution  of  promotional  items  (such  as
ordinary  objects  like  ashtrays,  lighters,  parasols  and  other  similar  objects)  and  of
tobacco  samples,  the  use  of  billboards  and/or  posters  as  “outdoor”  or  “static”
advertising, the use of tobacco  advertising  in cinemas, as  well as any other  forms of
advertising,  sponsorship  or  practices  directly  or  indirectly  addressed  to  promote
tobacco products. In fact, such activities, which constitute means of promoting tobacco
products while circumventing bans on direct tobacco  advertising already in  force for
certain media, should be specifically regulated by Member States authorities;

(16)

The  World  Health  Organisation11  and  the  World  Bank12  recommend  that  countries
prohibit all forms of tobacco  advertising and promotion.  In cases where  only  certain
forms  of  direct  tobacco  advertising  are  prohibited,  the  tobacco  industry  frequently
shifts  its  advertising  expenditure  to  other  marketing,  sponsorship  and  promotion
strategies,  using  creative  and  indirect  ways  to  promote  tobacco  products,  especially
with  young  people.  In  this  way,  the  effect  of  partial  advertising  bans  on  tobacco
consumption  may  be  limited.  Moreover,  the  World  Bank  has  concluded  that

9

10

11

12

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  States  concerning  the  pursuit  of  television
broadcasting activities. OJ L 298, 17.10.1989, p. 23.
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). COM/2001/0283 final. OJ C 270, 25.09.2001 p. 97.
World Health Organisation, Tobacco Free Initiative. Internet <www.tobacco.who.int>
The  World  Bank,  « Curbing  the  Epidemic  :  Governments  and  the  Economics  of  Tobacco  Control »,
1999, Washington DC.

8

                                                
advertising  increases  cigarette  consumption  and  that  legislation  banning  advertising
would reduce consumption provided that it is comprehensive, covering all media and
uses  of  brand  names  and  logos13.  Such  a  reduction  in  cigarette  consumption  would
have  immediate  short-term  and  long-term  benefits  for  public  health.  Information  on
the global expenditure of the tobacco industry on the promotion of tobacco products is
therefore an important prerequisite for monitoring the effectiveness of tobacco control
policies  from  a  public  health  perspective.  Such  information  makes  it  possible  to
determine  whether  restrictions  imposed  are  being  circumvented,  particularly  by  the
diversion  of  budgets  towards  new  or  unrestricted  forms  of  promotion.  Regular
declaration of such expenditure should be required of the tobacco industry;

(17) Given the health risks associated with passive smoking, Member States should ensure
the protection of  non-smokers from environmental tobacco  smoke, in particular  with
regard to vulnerable groups such as persons with respiratory diseases, pregnant women
and children;

(18) Member  States  should  continue  developing  strategies  and  measures  to  reduce  the
prevalence  of  smoking,  such  as  strengthening  health  education  programmes  to
improve  understanding  of  the  risks  of  smoking  as  well  as  other  prevention
programmes to discourage smoking;

(19)

The World Health Organisation’s Framework Convention on Tobacco Control, which
is  currently  negotiated,  addresses  many  of  the  issues  dealt  with  in  the  present
Recommendation.  It  is  therefore  important  to  ensure  that  the  measures  contained  in
this  Recommendation  are  consistent  with  the  draft  elements  of  the  FCTC  presently
under discussion.

13

The  World  Bank,  « Curbing  the  Epidemic  :  Governments  and  the  Economics  of  Tobacco  Control »,
1999, Washington DC

9

                                                
HEREBY RECOMMENDS THAT MEMBER STATES:

1.

Adopt  appropriate  legislative  or  administrative  measures,  or  foster  voluntary
agreements, to prohibit tobacco sales to children and adolescents, including:

(a) Requiring  vendors  of  tobacco  products  to  establish  that  tobacco  purchasers
have  reached  the  age  for  purchase  of  such  products  required  in  national  law,
where such an age limit exists;

(b) Removing tobacco products from self-service displays in retail outlets;

(c) Restricting  the  access  to  tobacco  vending  machines  to  locations  accessible  to
persons  over  the  age  set  for  purchase  of  tobacco  products  in  national  law,
where  such  an  age  limit  exists,  or  otherwise  regulating  the  access  to  the
products sold through such machines in an equally effective way;

(d) Restricting  tobacco  distance  sales,  such  as  sales  via  the  Internet,  to  sites

protected by adult verification methods;

(e)

Prohibiting  the  sale  of  cigarettes  individually  or  in  packets  of  fewer  than  20
cigarettes.

2.

Adopt  appropriate  legislative  or  administrative  measures  or  foster  voluntary
agreements so as to avoid the following forms of advertising and promotion reaching
children and adolescents:

(a)

the use of tobacco brand names on non-tobacco products or services;

(b)

(c)

the  use  of  promotional  items  (ashtrays,  lighters,  parasols,  etc.)  and  tobacco
samples;

the  use  of  billboards,  posters  and  other  indoor  or  outdoor  advertising
techniques (such as advertising on tobacco vending machines);

(d)

the use of advertising in cinemas; and

(e)

any  other  forms  of  advertising,  sponsorship  or  practices  directly  or  indirectly
addressed to promote tobacco products.

3.

4.

Adopt  appropriate  measures,  by  introducing  legislation  or  by  other  methods  in
accordance with national practices and conditions, in order to require manufacturers,
importers and traders in tobacco products to provide Member States with information
concerning  the  expenditure  they  incur  on  advertising,  marketing,  sponsorship  and
promotion campaigns not prohibited under national or Community legislation.

Implement  legislation,  voluntary  agreements  or  other  effective  measures  at  the
that  provide  adequate
appropriate  governmental  or  non-governmental 
protection  from  exposure  to  environmental  tobacco  smoke  in  indoor  workplaces,
enclosed public places, and public transport, with particular attention to special risk
groups such as children, pregnant women and persons with respiratory diseases.

level 

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5.

6.

7.

Continue  developing  strategies  and  measures  to  reduce  the  prevalence  of  smoking,
such as strengthening health education and general programmes to discourage the use
of tobacco products.

Implement  all  necessary  and  appropriate  procedures  to  verify  compliance  with  the
measures set out in this Recommendation.

Inform  the  Commission  every  two  years  of  action  taken  in  response  to  this
recommendation.

HEREBY INVITES THE COMMISSION:

1.

2.

3.

To monitor and assess the developments and the measures undertaken in the Member
States and at Community level;

To  report  on  the  implementation  of  the  proposed  measures,  on  the  basis  of  the
information provided by Member States, not later than the end of the fifth year after
the date of adoption of this Recommendation;

To  consider  the  extent  to  which  the  measures  set  out  in  this  Recommendation  are
working  effectively,  and  to  consider  the  need  for  further  action,  particularly  if
internal  market  disparities  are 
this
identified 
Recommendation.

the  areas  covered  by 

in 

Done at Brussels,

For the Council
The President

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