Brussels, 30/05/2001 (Agence Europe) - Today, the European Commission proposed a new Directive on the advertising and sponsorship of tobacco products. Most of the Member States have implemented effective bans on tobacco advertising. At the same time, this proposals seeks to guarantee - as foreseen in the Treaty instituting the European Community - a high level of health protection for citizens in the framework of the free movement of goods within the internal market. This draft Directive will ban tobacco advertising in the printed media, as well as advertising in favour of tobacco products on the radio and Internet. Sponsorship, by tobacco producing companies, of events or activities with the participation of several Member States or within several Member States, will also be banned.
Presenting this proposal to the press, Commissioner David Byrne recalled that "tobacco is a highly addictive product and over 80% of smokers begin before the age of 18 years". He explained the tobacco advertising exercises an influence by presenting the fact smoking is socially acceptable and gratifying. "The sad truth is that smoking kills over half a million EU citizens per year, robbing people of years of life expectancy. These lost consumers have to be replaced through advertising and promotion", he felt.
Raising the ruling by the Court of Justice in October 2000 cancelling a previous Directive on the same issue, because it overstepped its legal basis on which it was adopted, Mr Byrne asserted that "this new proposal takes full account of the judgement of the Court and of the Advocate General's opinion". He underlined that "The Commission has given full attention to ensuring that its new proposal is legally and scientifically sound. He notably underlined that it does not foresee any provision concerning film advertising, poster advertising and indirect advertising. It will ban sponsorship of cross-border events involving the promotion of tobacco products, but will not apply to national or local events organised on the initiative of tobacco producing companies. To avoid any circumventing of the law, this draft Directive will also ban the free distribution of tobacco products as a promotion instrument during sponsored events.
The proposal will have to be approved by the European Parliament and the Council in co-decision, than transposed into national law in a process that usually lasts two years. No transition period is foreseen, said Mr Byrne when feeling that it should be "operational" in 2004. He will present this proposal to the Health Ministers during the Council, on Tuesday in Luxembourg.
Mr Byrne insisted over the need to complete these measures with other non-binding Community provisions. He announced that he is in the process of preparing a draft recommendation to the Council proposing other ways in which to fight against tobacco, notably through the use of health advertising on automatic dispensers, and the monitoring of the promotion of tobacco products.