CELEX: 51988PC0674
Language: en
Date: 1988-12-21 00:00:00
Title: Draft COUNCIL RECOMMANDATION on banning smoking in public places (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 674
Vol. 1988/0223
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                        COM ( 88 ) 674 final
                                        Brussels , 21 December 1988
                          Draft
                 COUNCIL RECOMMANDATION
         on banning smoking in public places
             ( presented by the Commission )
 ---pagebreak---                          EXPLANATORY MEMORANDUM
This Draft Council Recommandation should be seen as one of the
measures to " limit and reduce the use of tobacco " deemed to be a
priority by the Council and the representatives of the Governments
of the Member States , meeting within the Council in its resolution
of 7 July 1986 ( OJ C184 of 23.07.1986 , p. 19 ).
1.  BACKGROUND
    In most Member States of the European Economic Community there
   are regulations banning or restricting smoking in public places .
   In the Federal Republic of Germany . where public health
   questions are also within the field of competence of the Lander ,
   provisions on banning smoking in public places are not uniform .
   However , smoking is generally banned in schools and other
   educational establishments and non-smoking areas are provided in
   certain forms of transport .
   In Belgium . France and Spain . the law sets out in detailed form
   the places where smoking is banned .         This ban covers most
   premises accessible to the public , with particular stress on
   establishments for young people or where health care is given .
   However , Belgian and Spanish legislation provides that in some
   areas where the ban applies an area may be set aside for
   smokers . Smoking areas are also authorized on certain forms of
   transport . It should be noted that in the event of a dispute ,
   Spanish legislation provides that the right to health of
   non-smokers prevails over the rights of smokers in all places
   where the right to health of non-smokers might be affected .
   In Denmark a Government decision establishes that , within its
   area of competence , the Government should adopt measures to ban
   or restrict smoking in some public places and some public
   transport before 1 July 1988 .
   In   Ireland  an   Order  of July   1988  allows  the adoption of
   legislative measures to ban or restrict smoking in some public
   places .
   In Greece . Italy and Portugal . there are restrictions on the use
   of tobacco in some public places and forms of transport .
   In the Netherlands . restrictions are generally confined to
   hospitals and places of entertainment .
   In Luxembourg restrictions are limited to public transport and
   places of entertainment .
   In the United Kingdom the law covers only the right to smoke on
   public transport .
 ---pagebreak---                                       2
    It should also be stated that in Greece , Luxembourg , Italy , the
   Netherlands , Portugal and the United Kingdom , draft laws have
   been tabled in order to improve existing legislation .
2.  BASIS FOR COMMUNITY ACTION
    It has now been established that involuntary exposure to smoke
    from tobacco products entails some risk of cancer . Moreover , it
   affects the elderly ,      people with cardiac diseases ,     asthma or
   allergies , and can provoke- respiratory diseases .         In pregnant
   women it can endanger the development of the foetus . Account
   should also be taken of the many fires and other accidents
   caused by cigarette smoking .
   To protect the right to health of non-smokers and for safety
   reasons it is essential to lay down rules on smoking in places
   open to the public .
   This    is the   aim  of  this  Draft Recommandation    which  seeks to
   improve the standard of living in the Member States , this being
   one of the chief objectives of the European Economic Community .
   It is one of a series of measures to combat smoking ( 1 ) and
   corresponds to proposed Action 11 in the Europe against cancer
   programme ( 2 ) . It should be noted that the survey of Europeans
   and cancer prevention made in 1987 revealed that 77 % of
   Europeans would approve a European measure to ban smoking in
   public places ( see table ) .
   The underlying principle is to ban smoking in enclosed areas for
   the use of the public which are part of certain public or
   private establishments .
   The Commission has already proposed measures for the protection
   of workers banning smoking in places where they are or might be
   exposed to carcinogens ( 3 ).
   Finally , in view of the extent to which tobacco addiction
   affects part of the population , it is appropriate to make
   provision wherever possible for clearly defined areas where
   smoking is permitted .
   ( 1 ) See proposals for a Directive concerning the labelling of
         tobacco products ( C0M(87)719 final ) and concerning the
         maximum tar yield of cigarettes ( COM(87)720 final ).
   ( 2 ) OJ C50 , 26.02.1987
   ( 3 ) For example , see proposal for a Council Directive on the
         protection of workers from risks related to exposure to
         carcinogens at work ( OJ C34 , 08.02.1988 , p. 9 )
 ---pagebreak---                                      3
Extract from table n * 12 of the survey of Europeans        and cancer
prevention made in April and May 1987
                                     Ban on smoking
                                    m public places
                                +            -
                                                        ?
     EEC AS A WHOLE ( 1 )      77 %         19 %        4 %
     BELGIUM                   74           20          6
     DENMARK                   67           26          7
    GERMANY                    56           36          8
    GREECE                     78           18          4
     SPAIN                     78           16          6
     FRANCE                    91            8          1
     IRELAND                   69           26          5
     ITALY                     93            5          2
     LUXEMBOURG                65           28          7
    NETHERLANDS                69           24          7
     PORTUGAL                  82           10          8
    UNITED KINGDOM             72           26          2
 ( 1 ) Weighted average . The symbols + , - and ? correspond to the
       percentage of people questioned who "would approve ", " would
       disapprove " and " did not know", respectively .
 ---pagebreak---                      DRAFT COUNCIL RECOMMANDATION ON
                    BANNING SMOKING IN PUBLIC PLACES
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 235 thereof ,
Having regard to the Draft Recommandation from the Commission ( 1 ) ,
Having regard to the opinion of the European Parliament ( 2 ),
Having regard to the opinion of the Economic and Social Committee
(3) ,
Whereas the European Council held in Milan on 28 and 29 June 1985
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 ( 4 )       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 under this heading gave first priority to
measures against smoking ;
Whereas there is an increased risk of lung cancer for non-smokers
involuntarily exposed to the smoke of tobacco products and ,
consequently , it is appropriate to protect the right to health of
non-smokers against involuntary smoking ;
Whereas to ensure respect of the right to health of non-smokers it
is essential to ban smoking in public places in certain
establishments and forms of transport ;
Whereas , however , in view of the extent of tobacco addiction
affecting part of the population , it is appropriate to make
provision to permit smoking in part of these establishments and
forms of transport ;
Whereas it is necessary to extend to the citizens of all the Member
States of the European Community the protection they are given in
some Member States against the damage caused by involuntary
smoking ;
(1)
(2)
(3)
( 4 ) OJ C184 , 23.07.1986 , p. 19
 ---pagebreak---                                    5
RECOMMANDS TO THE MEMBER STATES :
to take the following measures by legislation according to national
practice and conditions :
1 . Ban smoking in public places which are part of a public or
    private establishment intended for one of the uses listed in
    Annex 1 to this Directive .
    However , in these establishments , clearly defined areas must be
    reserved for smokers .
    The Member States are free to add to the establishments listed
    in Annex 1 .
2 . In case of conflict between the right of the non-smoker to
    health and the right of the smoker to smoke , the right of the
    non-smoker prevails in these establishments and at all
    work-places .
3 . Ban smoking in ail public transport .
4 . Inform the Commission every two years about the implementation
    of this recommandation .
         Done at Brussels ,                For the Council ,
 ---pagebreak---                                  глкпр.'':
1 . establishments   where  services       sro provided to the public ,
    whether for a charge or free of charge ;
2 . establishments where sick or elderly persons arc received or
    treated ;
3 . establishments where health care is given for prevention or
    cure ;
4 . establishments where children or young people of school age arc
    received , housed or treated ;
5 . establishments where education and vocational training is given ;
6 . establishments where entertainment takes place ;
7 . establishments where exhibition are held ;
8 . establishments where sports are practised ;
9 . underground and railway stations , ports and airports .
 ---pagebreak---   DRAFT COUNCIL RECOMMANDATION ON BANNING SMOKING IN PUBLIC PLACES
             IMPACT SHEET ON COMPETITIVENESS AND EMPTOVMFNT
1.   What is the main objective of the measure ?
     Health protection
2.   Characteristics of the enterprises concerned .   In particular :
     most of the establishments concerned do not have a commercial
     character .
     Are they concentrated in regions ?
     - eligible for regional aid by Member States ?    No
     - eligible for EFRD ?    No
3.   What are the obligations imposed directly on the enterprises ?
     The recommandation to post a sign prohibiting smoking in public
     places of certain establishments .
4.   What obligations might be imposed indirectly on enterprises by
     the local authorities ?
     None
5.   Are there special measures for SME ?
     No
6.   What is the predictable effect ?
     a . on the competitiveness of enterprises ?
         None
     b . on employment ?
         At short term positive because of the recommandation to set
         up separable spaces for non-smokers and to produce special
         no-smoking signs .
         At long term no significant effect .
7.   Have the two sides of industry been consulted ?
     What are their opinions ?
     Yes