CELEX: 51988PC0674
Language: en
Date: 1988-12-21
Title: DRAFT COUNCIL RECOMMENDATION ON BANNING SMOKING IN PUBLIC PLACES

8. 2. 89                              Official Journal of the European Communities                             N o C 32/9
                           Draft Council recommendation on banning smoking in public places
                                                     COM(88) 674 final
                                     (Submitted by the Commission on 9 January 1989)
                                                        (89/C 32/16)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas, to ensure respect of the right to health of
                                                                 non-smokers, it is essential to ban smoking in public
Having regard to the Treaty establishing the European            places in certain establishments and forms of transport;
Economic Community, and in particular Article 235
thereof,                                                         Whereas, however, in view of the extent of tobacco
                                                                 addiction affecting part of the population, it is appro-
Having regard to the draft recommendation from the               priate to make provision to permit smoking in part of
Commission,                                                      these establishments and forms of transport;
Having regard      to  the   opinion    of   the  European       Whereas it is necessary to extend to the citizens of all
Parliament,                                                      the Member States of the European Community the
                                                                 protection they are given in some Member States against
Having regard to the opinion of the Economic and                 the damage caused by involuntary smoking,
Social Committee,
Whereas the European Council held in Milan on 28 and             RECOMMENDS TO THE MEMBER STATES:
29 June 1985 stressed the importance of launching a
European action programme against cancer;                        to take the following measures by legislation according
                                                                 to national practice and conditions:
Whereas the Council and the representatives of the
                                                                 1. Ban smoking in public places which are part of a
Governments of the Member States meeting within the
                                                                    public or private establishment intended for one of the
Council in their resolution of 7 July 1986 (*) set for this
                                                                    uses listed in Annex 1 to this Directive.
programme the objective of contributing to an
improvement in the health and quality of life of citizens           However, in these establishments, clearly defined
within the Community by reducing the number of                      areas must be reserved for smokers.
illnesses due to cancer and under this heading gave first           The Member States are free to add to the estab-
priority to measures against smoking;                               lishments listed in the Annex.
Whereas there is an increased risk of lung cancer for            2. In case of conflict between the right of the
non-smokers involuntarily exposed to the smoke of                   non-smoker to health and the right of the smoker to
tobacco products and, consequently, it is appropriate to            smoke, the right of the non-smoker prevails in these
protect the right to health of non-smokers against invol-           establishments and at all work-places.
untary smoking;
                                                                 3. Ban smoking in all public transport.
                                                                 4. Inform the Commission every two years about the
(l) OJ No C 184, 23. 7. 1986, p. 19.                                implementation of this recommendation.
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         t. Establishments where services are provided to the public,whetherforacharge or free of charge.
         2. Establishments where sick or elderly persons are received or treated.
         ^. Establishments where health care is given for prevention or cure.
         4. Establishments where children or young people of school age are received, housed or treated.
         ^. Establishments where education and vocational training is given.
         D. Establishments where entertainment takes place.
         B. Establishments where exhibitions are held.
         ^. Establishments where sports are practised.
         ^. U^nderground and railway stations, ports and airports.