Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products (Text with EEA relevance)

Article 1

Subject-matter and scope

• (a) in the press and other printed publications;

• (b) in radio broadcasting;

• (c) in information society services; and

• (d) through tobacco related sponsorship, including the free distribution of tobacco products.

Article 2

Definitions

For the purposes of this Directive, the following definitions shall apply:

• (a) ‘tobacco products’ means all products intended to be smoked, sniffed, sucked or chewed inasmuch as they are made, even partly, of tobacco;

• (b) ‘advertising’ means any form of commercial communications with the aim or direct or indirect effect of promoting a tobacco product;

• (c) ‘sponsorship’ means any form of public or private contribution to any event, activity or individual with the aim or direct or indirect effect of promoting a tobacco product;

• (d) ‘information society services’ means services within the meaning of Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services ([^E0011]).

Article 3

Advertising in printed media and information society services

Other advertising in the press and other printed publications shall be prohibited.

Article 4

Radio advertising and sponsorship

Article 5

Sponsorship of events

Article 6

Report

No later than 20 June 2008, the Commission shall submit a report to the European Parliament, the Council and the European Economic and Social Committee on the implementation of this Directive. That report shall be accompanied by any proposals for amendments to this Directive which the Commission deems necessary.

Article 7

Penalties and enforcement

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those rules to the Commission by the date specified in Article 10 at the latest and shall notify it without delay of any subsequent amendment affecting them.

Those rules shall include provisions ensuring that persons or organisations which, under national legislation, can justify a legitimate interest in the suppression of advertising, sponsorship or other matters incompatible with this Directive, may take legal action against such advertising or sponsorship or bring such advertising or sponsorship to the attention of an administrative body competent either to pronounce on complaints or to institute the appropriate legal proceedings.

Article 8

Free movement of products and services

Member States shall not prohibit or restrict the free movement of products or services which comply with this Directive.

Article 9

References to Directive 98/43/EC

References to the annulled Directive 98/43/EC shall be construed as references to this Directive.

Article 10

Implementation

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

Article 11

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 12

Addressees

This Directive is addressed to the Member States.

OJ C 270 E, 25.9.2001, p. 97.

OJ C 36, 8.2.2002, p. 104.

[^E0003]: (³) Opinion of the European Parliament of 20 November 2002 (not yet published in the Official Journal) and Decision of the Council of 27 March 2003.

OJ C 188, 22.7.1995, p. 1.

OJ L 311, 28.11.2001, p. 67.

OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).

OJ L 250, 19.9.1984, p. 17. Directive as amended by Directive 97/55/EC of the European Parliament and of the Council (OJ L 290, 23.10.1997, p. 18).

OJ L 194, 18.7.2001, p. 26.

OJ L 213, 30.7.1998, p. 9.

[^E0010]: (¹⁰) [2000] ECR I-8419.

[^E0011]: OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).