The Health Ministry proposed a law draft to prohibit any kind of tobacco products advertising as of next year. The measure, intended to bring Romania up to the European Union standards, is challenged by tobacco industry representatives and those who benefit from it alike. The draft prohibits any type of "presentation of a commercial, industrial, handicraft-related or freelance activity with the purpose, either direct or indirect, to promote the sale of tobacco products."
Tobacco industry representatives believe the law should be enforced gradually in Romania, as it has happened in the EU member countries, after all, which have had more time available to comply, instead of having to do it all of a sudden.
"Although it is only natural and commendable to transpose the European provisions in the Romanian legislation, there is no justification to speed these measures up, and the socio-economic conditions on the market require adopting transition measures until accession. No applicant country is bound to apply the entire acquis communautaire at once and at the same time the European Union members do," industry sources told Ziarul Financiar.
The draft has the law on advertising and sponsorship for tobacco products enforce as of July 2005, i.e. at the same time it is slated for enforcement in the countries that are already EU members. The tobacco industry representatives have also criticised certain contradictions between the draft and the Advertising law, the Sponsorship law and the Fiscal Code. "One cannot have one general advertising definition in the Advertising Law and a particular definition for tobacco advertising in the current draft. One cannot have one definition for sponsorship in the Sponsorship law or the Fiscal Code and one in the current draft," the quoted sources added. The representatives of the advertising industry in their turn agree the law draft will have significant consequences, such as a rise in unemployment figures in those industries depending on the tobacco industry, a decline in revenues for the printed press and in competition.
"Any product legally sold must have the possibility to advertise. There must be restrictions, or a conduct code, but advertising must not be completely forbidden," Stefan Iordache, general manager of Leo Burnett Romania advertising agency, stated.
The Health Ministry argues in the syllabus accompanying the draft that the law would lead to "reducing the morbidity by diseases resulted from tobacco use, the costs induced by these diseases and to the young people adopting a healthier behaviour tobacco consumption-wise."
claudia.covaci@zf.ro
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