Amended proposal for a Directive of the European Parliament and of the Council on the approximation of laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products
Date: 2002-11-28
Institutions: European Commission
Subjects: advertising, approximation of laws, smoking, sponsorship, tobacco, tobacco industry

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 28.11.2002
COM(2002) 699 final

2001/0119 (COD)

Amended proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the approximation of laws, regulations and administrative provisions of
the Member States relating to the advertising and sponsorship of tobacco products

(presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

2001/0119 (COD)

Amended proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the approximation of laws, regulations and administrative provisions of
the Member States relating to the advertising and sponsorship of tobacco products

1. 

BACKGROUND

Transmission of the Proposal to the Council and the European Parliament (COM 2001 (283)-
final 2001/0119 (COD)) in accordance with article 95(1) of the Treaty 

20 June 2001

Opinion of the Economic and Social Committee 

17 October 2001

Opinion of the European Parliament - first reading 

20 November 2002

2. 

OBJECTIVE OF THE COMMISSION PROPOSAL

This  proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  is  intended  to
regulate the advertising of tobacco products and related sponsorship in the media, apart from
that  on  television,  already  covered  by  other  Community  legislation.  It  therefore  regulates
tobacco  advertising  in  the  press  and  other  printed  publications,  as  well  as  advertising  and
sponsorship  in  the  radio.  It  also  regulates  to  the  extent  necessary  for  the  completion  of  the
Internal Market the rules concerning tobacco advertising  using information society services.
Finally, it regulates the sponsorship of events and activities having cross-border effects, and
the free distribution of tobacco products in the context of this sponsorship.

It is intended to replace Directive 98/43/EC of 6 July 1998, which has been annulled by the
Court of Justice of the European Communities.1

It  also  takes  account  of  the  legislation  of  the  Member  States  and  of  the  development  of
international  rules  in  this  matter.  It  is  intended  to  approximate  the  laws,  regulations  and
administrative  provisions  of  the  Member  States  in  order  to  eliminate  barriers  to  the
functioning of the Internal Market, with the objective of ensuring the free movement of goods
and services which respect the rules of the Directive.

This  proposal  does  not  deal  with  issues  such  as  indirect  advertising,  monitoring  of  tobacco
companies'  expenditures  on  advertising,  or  vending  machines,  which  are  addressed  in  the
context of a proposal for a Council Recommendation based on Article 152 of the Treaty that
the Commission has presented to the Council.2

1

2

Case C-376/98 of 5 October 2000, Germany v Parliament and Council
COM(2002) 303 final, 17.6.2002

2

                                                
3. 

COMMISSION OPINION ON THE AMENDMENTS ADOPTED BY THE PARLIAMENT

3.1. 

Amendments accepted by the Commission

The following amendments can be accepted:

Amendment 11 deletes the reference to the call for new proposals to address possible further
obstacles to the smooth operation of the Internal Market. The Commission agrees that its right
of  initiative  remains  as  provided  for  in  the  Treaty  even  if  specific  reference  to  the  right  to
present new proposals is not indicated.

Amendment  26  improves  the  clarity  of  the  text,  by  introducing  a  new  recital  which  clearly
identifies the matters within the scope of the Directive, and reminds that Member States retain
the competence to regulate certain issues not covered by the Directive as they deem necessary
to guarantee the health protection of individuals.

3.2. 

Amended proposal

Having  regard  to  Article  250,  paragraph  2,  of  the  EC  Treaty,  the  Commission  modifies  its
proposal as indicated above.

3