30.7.98 Official Journal of the European Communities L 213/9 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 THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 57(2), Article 66 and Article 100a thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189b of the Treaty (3), (1) Whereas there are differences between the Member States’ laws, regulations and administrative provisions on the advertising and sponsorship of tobacco products; whereas such advertising and sponsorship transcend the borders of the Member States and the differences in question are likely to give rise to barriers to the movement between Member States of the products which serve as the media for such advertising and sponsorship and to freedom to provide services in this area, as well as distort  competition, thereby impeding the functioning of the internal market; Whereas those barriers should be eliminated and, to this end, the rules relating to the advertising and sponsoring of tobacco products should be approximated, whilst leaving Member States the possibility of introducing, under certain conditions, such requirements as they consider necessary in order to guarantee the protection of the health of individuals; (1) OJ C 129, 21.5.1992, p. 5. () OJ C 313, 30.11.1992, p. 27. () Opinion of the European Parliament of 11 February 1992 (O] C 67, 16.3.1992, p. 35), confirmed under the Article 189b procedure on 3 December 1993, Council Common Position of 12 February 1998 (O] C 91, 26.3.1998, p. 34) and Decision of the European Parliament of 13 May 1998 (OJ C 167, 1.6.1998). Council Decision of 22 June 1998. (3) Whereas, in accordance with Article 100a(3) of the Treaty, the Commission is obliged, in its proposals under paragraph 1 concerning health, safety, environmental protection and consumer protection, to take as a base a high level of protection; Whereas this Directive must therefore take due account of the health protection of individuals, in particular in relation to young people, for whom advertising plays an important role in tobacco promotion; Whereas in order to ensure the proper functioning of the internal market the Council adopted, on the basis of Article 100a, Directive 89/622/EEC (*) and Directive 90/239/EEC (%) concerning the labelling of tobacco products and the maximum tar yield of cigarettes, respectively; Whereas advertising relating to medicinal products for human use is covered by Directive 92/28/EEC (°); whereas advertising relating to products intended for use in overcoming addiction to tobacco does not fall within the scope of this Directive; Whereas this Directive will not apply to communications  intended  exclusively  for professionals in the tobacco trade, the presentation of tobacco products offered for sale and the indication of their prices, and, depending on sales structures, advertising directed at purchasers at tobacco sales outlets and the sale of third-country publications which do not satisfy the conditions laid down in this Directive, provided, however, that they comply with Community law and the Community’s obligations at international level; whereas it is for the Member States, where necessary, to take appropriate measures in these areas; Whereas, given the interdependence between the various forms of advertising — oral, written, () OJ L 359, 8.12.1989, p. 1. Directive as amended by Directive 92/41/EEC (O] L 158, 11.6.1992, p. 30). (%) OJ L 137, 30.5.1990, p. 36. (¢ OJ L 113, 30.4.1992, p. 13.