Smoke-free environments - Main contents
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Contents
official title
Council Recommendation of 30 November 2009 on smoke-free environments| Legal instrument | Recommendation |
|---|---|
| Original proposal | COM(2009)328  |
| CELEX number i | 32009H1205(01) |
| Document | 30-11-2009 |
|---|---|
| Publication in Official Journal | 05-12-2009; OJ C 296 p. 4-14 |
| Effect | 30-11-2009; Entry into force Date of document |
| End of validity | 31-12-9999 |
5.12.2009 |
EN |
Official Journal of the European Union |
C 296/4 |
COUNCIL RECOMMENDATION
of 30 November 2009
on smoke-free environments
2009/C 296/02
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular the second subparagraph of Article 152(4) thereof,
Having regard to the proposal from the Commission,
After consulting the European Parliament (1),
Having regard to the opinion of the European Economic and Social Committee (2),
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) |
According to Article 137 of the Treaty, the Community shall support and complement the activities of the Member States, inter alia, in the field of improvement in particular of the working environment to protect workers’ health and safety. |
(3) |
Exposure to environmental tobacco smoke (ETS) — also referred to as second-hand tobacco smoke — is a widespread source of mortality, morbidity and disability in the European Union. |
(4) |
According to conservative estimates, 7 300 adults including 2 800 non-smokers died as a result of ETS exposure at their workplace in the European Union in 2002. A further 72 000 adult deaths, including those of 16 400 non-smokers, were linked to ETS exposure at home. |
(5) |
Exposure to second-hand tobacco smoke is particularly dangerous to children and adolescents and could increase the likelihood of their taking up smoking. |
(6) |
ETS has been classified as a known human carcinogen by the World Health Organization (WHO) International Agency for Research on Cancer and as an occupational carcinogen by Finland and Germany. |
(7) |
All people have the right to a high level of health protection and should be protected from exposure to tobacco smoke. |
(8) |
Voluntary policies at national level have proved ineffective in reducing exposure to tobacco smoke. Member States’ binding legislation, properly enforced and monitored is an effective means of adequately protecting people from the health risks of second-hand tobacco smoke. |
(9) |
Legislation on smoke-free environments is most effective when it is backed up by measures such as awareness-raising campaigns, support for cessation of tobacco use, strong health warnings on tobacco product packaging and other regulation on tobacco products. |
(10) |
Civil society has an important role in building support for and ensuring compliance with legislation on smoke-free environments. |
(11) |
Smoke-free policies should have adequate instruments to implement the multi-sectorial approach to tobacco control. |
(12) |
There is a need for strengthened cooperation between Member States to facilitate the exchange of information and best practice and develop a standardised EU monitoring system. |
(13) |
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 (3) invited the Member States to take measures banning smoking in certain enclosed premises open to the public, and to extend the ban on smoking to all forms of public transport. |
(14) |
Council Recommendation 2003/54/EC of 2 December 2002 on the prevention of smoking and on initiatives to improve tobacco control (4) recommended that Member States implement legislation and/or other effective measures that provide protection from exposure to ETS in indoor workplaces, enclosed public places, and public... |
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