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 (89/C 189/01)

THE COUNCIL OF THE EUROPEAN COMMUNITIES AND THE MINISTERS FOR HEALTH OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL,

Having regard to the Treaty establishing the European Economic Community,

Having regard to the draft recommendation from the Commission,

Having regard to the opinion of the Economic and Social Committee (1),

Whereas the European Council held in Milan on 28 and 29 June 1985 stressed the importance of launching a European action programme against cancer;

Whereas the Council and the Representatives of the Governments of the Member States, meeting within the Council, in their resolution of 7 July 1986 on a programme of action of the European Communities against cancer, set the objective of contributing to an improvement in the health and quality of life of citizens within the Community by reducing the number of cases of cancer and under this heading gave priority to measures against smoking;

Whereas, in addition to the potential encouragement to smoke and the unpleasant physical effects and the nuisance which smoke causes for non-smokers, there is an increased risk of respiratory illnesses for non-smokers involuntarily exposed to the smoke of tobacco products ; whereas consequently, it is appropriate to protect the right to health of non-smokers against involuntary smoking;

Whereas, to ensure respect for the right to health of non-smokers, it is essential to ban smoking in public places in certain establishments and in forms of transport;

Whereas, however, in view of the extent of tobacco addiction affecting part of the population, it is appropriate to make provision to permit smoking in part of these establishments and forms of transport;

Whereas it is necessary to extend to the citizens of all Member States the protection they are afforded in some Member States against the damage caused by involuntary smoking;

Whereas, finally, the initiative set out in this resolution will have an even more beneficial effect on public health, particularly for the workers directly concerned, when coupled with health education programmes during the years of compulsory education and with information and public awareness campaigns,

INVITES THE MEMBER STATES:

to take the following measures by introducing legislation or by other methods in accordance with national practices and conditions: 1. Ban smoking in enclosed premises open to the public which form part of the public or private establishments listed in the Annex. Member States may add to the said list;

2. Extend the ban on smoking to all forms of public transport;

3. Provide, where necessary, for clearly defined areas to be reserved for smokers in the above establishments and, if possible, in public transport, particularly for long journeys;

4. Ensure that in the event of a conflict, in areas other than those reserved for smokers, the right to health of non-smokers prevails over the right of smokers to smoke;

to inform the Commission every two years of action taken in response to this resolution. (1) Opinion delivered on 26 April 1989 (not yet published in the Official Journal).

Public and private establishments referred to in point 1 of the resolution (non-exhaustive list)

1. Establishments where services are provided to the public, whether for a charge or free, including the sale of goods;

2. Hospitals, establishments where health care is given and all other medical establishments;

3. Establishments where elderly persons are received;

4. Schools and other premises where children or young people are received or housed;

5. Establishments where higher education and vocational training are given;

6. Enclosed establishments used for entertainment (cinemas, theaters, etc.) ; radio and television studios open to the public;

7. Enclosed establishments where exhibitions are held;

8. Establishments and enclosed places where sports are practised;

9. Enclosed premises of underground and railway stations, ports and airports.