Recommendation 2003/54 - Prevention of smoking and on initiatives to improve tobacco control

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. 32003H0054
  6. Original proposal
  7. Sources and disclaimer
  8. Full version
  9. EU Monitor

1.

Current status

This recommendation has been published on January 25, 2003 and entered into force on December  2, 2002.

2.

Key information

official title

Council Recommendation of 2 December 2002 on the prevention of smoking and on initiatives to improve tobacco control
 
Legal instrument Recommendation
Number legal act Recommendation 2003/54
Original proposal COM(2002)303 EN
CELEX number78 32003H0054

3.

Key dates

Document 02-12-2002
Publication in Official Journal 25-01-2003; OJ L 22 p. 31-34
Effect 02-12-2002; Entry into force Date of document
End of validity 31-12-9999

4.

Legislative text

Avis juridique important

|

5.

32003H0054

Council Recommendation of 2 December 2002 on the prevention of smoking and on initiatives to improve tobacco control

Official Journal L 022 , 25/01/2003 P. 0031 - 0034

Council Recommendation

of 2 December 2002

on the prevention of smoking and on initiatives to improve tobacco control

(2003/54/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152(4), second subparagraph thereof,

Having regard to the proposal from the Commission(1),

Whereas:

  • (1) 
    Article 152 of the Treaty stipulates that Community action, which shall complement national policies, shall be directed towards improving public health, preventing human illness and diseases, and obviating sources of danger to human health.
  • (2) 
    The resolution of the Council and the Ministers for Health of the Member States, meeting within the Council of 18 July 1989 on banning smoking in places open to the public(2), provided guidelines to the Member States for the protection of non-smokers from environmental tobacco smoke. Following a Report from the Commission on the response from the Member States to this initiative(3), the present recommendation reinforces such protection and identifies particularly vulnerable groups.
  • (3) 
    The Council Resolution of 26 November 1996 on the reduction of smoking in the European Community(4) recognised the need for the development of an effective strategy on combating tobacco consumption, which includes certain of the elements contained in this recommendation.
  • (4) 
    The Council Conclusions of 18 November 1999 on combating tobacco consumption(5) underlined the necessity for developing an overall strategy, which includes some of the measures outlined in the present recommendation for the protection of minors (rules for selling conditions, sales through electronic means and vending machines).
  • (5) 
    The Council Resolution of 29 June 2000 on action on health determinants(6) took note of the results of the debates held at the European Conference on health determinants in the European Union held at Evora on 15 and 16 March 2000, which placed particular emphasis, inter alia, on tobacco and which recommended a series of practical and targeted steps to address the challenges in these areas.
  • (6) 
    The recommended actions are necessary against a background of 500000 smoking related deaths annually in the European Community and a worrying increase in the number of children and adolescents who take up smoking. Smoking is damaging human health, as smokers become addicted to nicotine and suffer fatal and disabling diseases such as cancers of the lung and other organs, ischaemic heart disease and other circulatory diseases, and respiratory diseases such as emphysema.
  • (7) 
    Smoking prevention and tobacco control are already priority objectives in the public health policies of Member States and the European Community. Nevertheless, smoking remains the biggest form of preventable death in the European Union, and progress in reducing tobacco consumption and smoking incidence is still disappointing. Moreover, the advertising, marketing, and promotion strategies used by the tobacco industry foster tobacco consumption, thereby increasing the already high mortality and morbidity caused by the use of tobacco products. Some of these strategies appear to be targeting young people in their educational years, in order to replace the large number of smokers who die annually. It is in fact established that 60 % of smokers start the habit before 13 years of age, and 90 % before 18.
  • (8) 
    Through the Europe Against Cancer programme(7), the European Community has set as one of its objectives a contribution to the improvement of the health of its citizens by reducing the number of cases of cancer and other diseases related to...

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This text has been adopted from EUR-Lex.

6.

Original proposal

 

7.

Sources and disclaimer

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8.

Full version

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9.

EU Monitor

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  • 1. 
    Directive 89/552/EEC

     
  • 2. 
    Directive 89/622/EEC

     
  • 3. 
    Directive 90/239/EEC

     
  • 4. 
    Directive 92/41/EEC

     
  • 5. 
    Directive 2001/37/EC

     
  • 6. 
    OJ C189, 26.7.1989, p. 1.

     
  • 7. 
    Regarding the protection from environmental smoke at the workplace, two other Directives are relevant. Firstly, a Council Directive from 1989 concerning the minimum safety and health requirements in the workplace, which requires employers to protect workers from passive smoking in their rest areas. Secondly, a 1992 Council Directive on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. Vid. Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace. OJ L 393, 30.12.1989, p. 1; and Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. OJ L 348, 28.11.1992, p. 1.

     
  • 8. 
    Report from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the response to the Resolution of the Council and the Ministers for Health of the Member States meeting within the Council on banning smoking in places open to the public.

     
  • 9. 
    Doc. COM(1996) 609 final - Annex

     
  • 10. 
    OJ C374, 11.12.1996, p. 4.

     
  • 11. 
    Doc. COM (1996) 609 final.

     
  • 12. 
    COM Decision 96/469/EC.

     
  • 13. 
    Doc. COM (1999) 407 final

     
  • 14. 
    OJ C86, 24.3.2000, p. 4.

     
  • 15. 
    Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001

     
  • 16. 
    Doc. COM(2001) 283 final

     
  • 17. 
    Directive 98/43/EC of the European Parliament and of the Council of 6 July 1998 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products - - OJ L 213, 30.7.1998, p. 9.

     
  • 18. 
    European Court of Justice, Case C-376/98, Judgement of 5 October 2000, Germany v Parliament and Council.

     
  • 19. 
    The World Bank,
     
  • 20. 
    Internet address
     
  • 21. 
    Directive 92/41/EEC

     
  • 22. 
    OJ C
     
  • 23. 
    OJ C 189, 26.7.1989, p. 1

     
  • 24. 
    Report from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the response to the Resolution of the Council and the Ministers for Health of the Member States meeting within the Council on banning smoking in places open to the public.

     
  • 25. 
    OJ C 374, 11.12.1996, p. 4.

     
  • 26. 
    OJ C 86, 24.3.2000, p. 4.

     
  • 27. 
    Decision No 646/96/EC of the European Parliament and of the Council of 29 March 1996 adopting an action plan to combat cancer within the framework for action in the field of public health (1996 to 2000) OJ L 95 , 16.04.1996, p. 9.

     
  • 28. 
    Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products. OJ L 194, 18.07.2001 p. 26.

     
  • 29. 
    Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products COM/2001/0283 final. OJ C 270, 25.09.2001 p. 97.

     
  • 30. 
    Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities. OJ L 298, 17.10.1989, p. 23.

     
  • 31. 
    Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products (presented by the Commission pursuant to Articles 47(2), 55 and 95 of the EC Treaty). COM/2001/0283 final. OJ C 270, 25.09.2001 p. 97.

     
  • 32. 
    World Health Organisation, Tobacco Free Initiative. Internet
     
  • 33. 
    The World Bank,
     
  • 34. 
    The World Bank,
     
  • 35. 
    OJ C 189, 26
     
  • 36. 
    COM(96) 573 final
     
  • 37. 
    OJ C 374, 11
     
  • 38. 
    OJ C 86, 24
     
  • 39. 
    OJ C 218, 31
     
  • 40. 
    OJ L 95, 16
     
  • 41. 
    OJ L 194, 18
     
  • 42. 
    OJ C 270, 25
     
  • 43. 
    OJ L 298, 17
     
  • 44. 
    Directive 89/552/EEC

     
  • 45. 
    Directive 89/622/EEC

     
  • 46. 
    Directive 90/239/EEC

     
  • 47. 
    Directive 92/41/EEC

     
  • 48. 
    Directive 2001/37/EC

     
  • 49. 
    OJ C189, 26.7.1989, p. 1.

     
  • 50. 
    Regarding the protection from environmental smoke at the workplace, two other Directives are relevant. Firstly, a Council Directive from 1989 concerning the minimum safety and health requirements in the workplace, which requires employers to protect workers from passive smoking in their rest areas. Secondly, a 1992 Council Directive on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. Vid. Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace. OJ L 393, 30.12.1989, p. 1; and Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. OJ L 348, 28.11.1992, p. 1.

     
  • 51. 
    Report from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the response to the Resolution of the Council and the Ministers for Health of the Member States meeting within the Council on banning smoking in places open to the public.

     
  • 52. 
    Doc. COM(1996) 609 final - Annex

     
  • 53. 
    OJ C374, 11.12.1996, p. 4.

     
  • 54. 
    Doc. COM (1996) 609 final.

     
  • 55. 
    COM Decision 96/469/EC.

     
  • 56. 
    Doc. COM (1999) 407 final

     
  • 57. 
    OJ C86, 24.3.2000, p. 4.

     
  • 58. 
    Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001

     
  • 59. 
    Doc. COM(2001) 283 final

     
  • 60. 
    Directive 98/43/EC of the European Parliament and of the Council of 6 July 1998 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products - - OJ L 213, 30.7.1998, p. 9.

     
  • 61. 
    European Court of Justice, Case C-376/98, Judgement of 5 October 2000, Germany v Parliament and Council.

     
  • 62. 
    The World Bank, ' Curbing the Epidemic : Governments and the Economics of Tobacco Control ', 1999, Washington DC.

     
  • 63. 
    Internet address
     
  • 64. 
    Directive 92/41/EEC

     
  • 65. 
    OJ C
     
  • 66. 
    OJ C 189, 26.7.1989, p. 1

     
  • 67. 
    Report from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the response to the Resolution of the Council and the Ministers for Health of the Member States meeting within the Council on banning smoking in places open to the public.

     
  • 68. 
    OJ C 374, 11.12.1996, p. 4.

     
  • 69. 
    OJ C 86, 24.3.2000, p. 4.

     
  • 70. 
    Decision No 646/96/EC of the European Parliament and of the Council of 29 March 1996 adopting an action plan to combat cancer within the framework for action in the field of public health (1996 to 2000) OJ L 95 , 16.04.1996, p. 9.

     
  • 71. 
    Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products. OJ L 194, 18.07.2001 p. 26.

     
  • 72. 
    Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products COM/2001/0283 final. OJ C 270, 25.09.2001 p. 97.

     
  • 73. 
    Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities. OJ L 298, 17.10.1989, p. 23.

     
  • 74. 
    Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products (presented by the Commission pursuant to Articles 47(2), 55 and 95 of the EC Treaty). COM/2001/0283 final. OJ C 270, 25.09.2001 p. 97.

     
  • 75. 
    World Health Organisation, Tobacco Free Initiative. Internet
     
  • 76. 
    The World Bank, ' Curbing the Epidemic : Governments and the Economics of Tobacco Control ', 1999, Washington DC.

     
  • 77. 
    The World Bank, ' Curbing the Epidemic : Governments and the Economics of Tobacco Control ', 1999, Washington DC

     
  • 78. 
    Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
     
  • 79. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.