CELEX: 51989PC0163
Language: en
Date: 1989-04-18
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE ADVERTISING OF TOBACCO PRODUCTS IN THE PRESS AND BY MEANS OF BILLS AND POSTERS

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)
 ---pagebreak---                                                                     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 totaltoftflon advertising: Italy and Portugal apply a total ban on
the advertising of tobacco products;
(b) ft frm onttrtvffrfrlrTlng,1n pnhlloations ajjned at young people»   m
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;
(c) partial restrictions on advertising 1n the press and by mean* nf h m a
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
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2. BASIS FOR QQMMPNirr AGEEQK
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
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3. nriMM^iT^ CM «ryrffl T W f y i W A L ARTTTITIKS
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 advertJ sing
must oomply with the rules provided for in the present direotive.
Article 6 aid. 7: these are standard articles.
                                                                            Ur
 ---pagebreak---                                     - 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 J C 184, 23.7.1986, p. 19.
                                                                              Ç
 ---pagebreak---                                       - 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       may stipulate that the warnings referred to in
paragraphs 1 and 2 shall bear the name of the issuing authority.
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.
 ---pagebreak---                                      - 6 -
                                   Article 4
Member    states    shall prohibit all advertising for tobaooo products in
publications mainly intended for people under 18.
                                   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     states    shall adopt the laws, regulations and administrative
provisions necessary to comply with this Directive by 31 December 1991.
They "fa**11 forthwith inform the Commission thereof.
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.
                                   Article 7
Thlfl Directive la addressed to the Member States.
Done at Brussels                                  The President
                                                  For the Council
                                                                             v
 ---pagebreak---                                                          ANNEX
      LIST OF HEALTH WARNINGS, AS REFERRED TO IN ARTICLE 2(1)
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
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                          EBQPQSAL FOR A OJJMJ1L
           a a r s R W M ; THE APPRrmmATirK OF TER IAWS. RBramncHs
             Ann Artmn-gTWTTVR Purs/TSTruR m? TR* WHMrreR ffpATRfi
    ERLATOC TQ THR ATTTKRTTRTNr; <TF THRAfTO PRCtPCTS IN THE PRESS AND m
                             MRANft OP fflTJfl ANT) PORTERS
                     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
 ---pagebreak--- 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
 ---pagebreak---                                             ISSN 0254-1475
COM(89) 163/2/Revision final
 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                                18.4.1989
Catalogue number: CB-CO-89-156-EN-C
ISBN 92-77-48658-9
€
COMMISSION OF THE EUROPEAN COMMUNITIES