L 152/16 Official Journal of the European Union 20.6.2003 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) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Articles 47(2), 55 and 95 thereof, Having regard to the proposal from the Commission (!), Having regard to the opinion of the European Economic and Social Committee (), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (), Whereas: 1 There are differences between the Member States' laws, regulations and administrative provisions on the adver- tising of tobacco products and related sponsorship. Such advertising and sponsorship in certain cases crosses the borders of the Member States or involves events orga- nised on an international level, and are activities to which Article 49 of the Treaty applies. The differences in national legislation are likely to give rise to increasing barriers to the free movement between Member States of the products or services that serve as the support for such advertising and sponsorship. In the case of press advertising, certain obstacles have already been encoun- tered. In the case of sponsorship, distortions of the conditions of competition are likely to increase and have already been noted as regards the organisation of certain major sporting and cultural events. Those barriers should be eliminated and, to this end, the rules relating to the advertising of tobacco products and related sponsorship should in specific cases be approxi- mated. In particular, there is a need to specify the extent to which tobacco advertising in certain categories of publications is allowed. Article 95(3) of the Treaty requires the Commission, in its proposals for the establishment and functioning of the Internal Market concerning health, to take as a base a high level of protection. Within their respective powers, the European Parliament and the Council also seek to achieve this objective. The legislation of the Member States to be approximated is intended to protect public health by regulating the promotion of tobacco, an addictive product responsible for over half a million () O] C 270 E, 25.9.2001, p. 97. () O] C 36, 8.2.2002, p. 104. (*) 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. deaths in the Community annually, thereby avoiding a situation where young people begin smoking at an early age as a result of promotion and become addicted. The circulation in the Internal Market of publications such as periodicals, newspapers and magazines is subject to an appreciable risk of obstacles to free movement as a result of Member States' laws, regulations and adminis- trative provisions which prohibit or regulate tobacco advertising in those media. In order to ensure free circu- lation throughout the Internal Market for all such media, it is necessary to limit tobacco advertising therein to those magazines and periodicals which are not intended for the general public such as publications intended exclusively for professionals in the tobacco trade and to publications printed and published in third countries, that are not principally intended for the Community market. The laws, regulations and administrative provisions of the Member States relating to certain types of sponsor- ship for the benefit of tobacco products with cross- border effects give rise to an appreciable risk of distor- tion of the conditions of competition for this activity within the Internal Market. In order to eliminate these distortions, it is necessary to prohibit such sponsorship only for those activities or events with cross-border effects which otherwise may be a means of circum- venting the restrictions placed on direct forms of adver- tising, without regulating sponsorship on a purely national level. Use of information society services is a means of adver- tising tobacco products which is increasing as public consumption and access to such services increases. Such services, as well as radio broadcasting, which may also be transmitted via information society services, are parti- cularly attractive and accessible to young consumers. Tobacco advertising by both these media has, by its very nature, a cross-border character, and should be regulated at Community level. Free distribution of tobacco products is subject to restric- tion in several Member States, given its high potential to create addiction. Cases of free distribution have occurred in the context of the sponsorship of events having cross- border effects and should therefore be prohibited.