167. Federal law amending the federal law on the production and marketing of tobacco products, as well as the advertising of tobacco products and non-smoking protection (tobacco law)

The National Council has decided:

The Federal Act on the production and circulation of tobacco products as well as the advertising of tobacco products and the non-smoking protection (Tobacco Act), BGBl. No 431/1995, as last amended by the Federal Law BGBl. I No 74/2003, shall be amended as follows:

1. § 1 Z 7 reads:

" 7.		"advertising" means any form of commercial communication with the aim or the direct or indirect effect of promoting the sale of a tobacco product, "

2. In accordance with § 1 Z 7 the following Z 7a is inserted:

" 7a.		"sponsorship" means any form of public or private contribution to an event or activity or any form of support for individuals with the aim or the direct or indirect effect of the sale of a tobacco product promote, "

3. In § 1 Z 10, the point at the end of the sentence shall be replaced by an attic. The following Z 11 is added:

" 11.		"public place" means any place which may be entered continuously or at certain times by a group of persons not restricted from the outset, including the non-stationary facilities of the public and private bus, rail, flight and Shipping. "

4. § 2 para. 2 reads:

"(2) The placing on the market of individual cigarettes, unpacked cigarettes or cigarette packets with a minimum size of 20 pieces shall be prohibited."

5. The following paragraph 3 is added to § 2:

"(3) prohibitions on the placing on the market of tobacco products under other legislation shall remain unaffected."

6. § 11 together with the title is:

" Advertising and Sponsoring

§ 11. (1) Advertising and sponsorship of tobacco products shall be prohibited.

(2) As an exception to the prohibition laid down in paragraph 1, names, marks or symbols which have already been used for tobacco products as well as for other products at the time of entry into force of this provision may, for those other products, be used for the purposes of: products, as well as advertising or sponsorship, for the benefit of these other products. The condition is that:

1.		it is clear that these other products, events or activities, as well as advertising or sponsorship related thereto, are not tobacco products; and
2.		No other distinguishing features already used for a tobacco product are used.

(3) The exception of paragraph 2 shall not apply to names, trademarks or symbols of tobacco products which are developed and placed on the market after the entry into force of this provision.

(4) withdrawn from the prohibition of paragraph 1

1.		Communications intended solely for persons working in the tobacco trade and which are exclusively accessible to them;
2.		the press and other printed publications printed and published in third countries, provided that these publications are not primarily intended for the Community market of the European Union;
3.		the presentation of tobacco products for sale and the indication of the prices of these tobacco products in the places authorized for the sale of tobacco products;
4.		Advertising by tobacco trafists according to § 39 para. 1 Tobacco monopoly law, BGBl. No 830/1995;
5.		Sponsorship of events or activities involving only one State, which take place only in one State and which do not have any other cross-border effect;
6.		Advertising for tobacco products in the form of poster advertising, as well as cinema advertising in the context of non-youthful cinema presentations.

(5) Advertising in accordance with paragraph 4 (4) to (6) shall be provided with a clearly legible warning in accordance with § 5 (1) or (2) in black and white background and on a white background with a total size of 10% of the respective advertising material, which is responsible for the harmful health of the Tobacco consumption must be included. In addition,

1.		Poster advertising for tobacco products in the general poster attack is only allowed up to the size of 16 arc attacks. It is inadmissible in the direct field of vision of schools and youth centres;
2.		Advertising for filterless cigarettes shall be prohibited;
3.		Advertising of tobacco products by means of statements, representations or representations which give the impression that the enjoyment of tobacco products is harmless to health is prohibited;
4.		Advertising of tobacco products by means of statements or representations directed specifically to the target group of young people is prohibited;
5.		Advertising for tobacco products by depicting smoking or smoking people whose age is less than 30 years old. , or which may be held by the consumer for a period of less than 30 years, as well as by portrayal of professional athletes and by the presentation or nomination of celebrities, either in the form of an award or in a caricated form, and by the presentation of such athletes by the Reproduction of their statements on smoking is prohibited; celebrities within the meaning of this provision are persons who, as a result of their position, activities or successes, are likely to assume that they have a special reputation in the public sphere enjoy;
6.		Advertising for tobacco products using excellent picture narratives (comics) as well as individual figures thereof is prohibited;
7.		Advertising of tobacco products by distribution of tobacco products related to tobacco products to children and young people or to promotional items, which are usually intended for children, is prohibited;
8.		Advertising of tobacco products by celestial writers or similar actions which arouse public attention to public attention is prohibited.

(6) Any discounted levy, free distribution and delivery of tobacco products with the aim of direct or indirect promotion of sales is prohibited.

(7) The dismisses of the prohibition in paragraph 6 are the piecewise free delivery to adult smokers in tobacco trafiken on the occasion of the re-launch of a mark within a period of six months after the first placing on the market of this mark. "

7. § 13 together with headline reads:

" Non-smoking protection

§ 13. (1) Without prejudice to labour law provisions and the regulation of § 12, smoking ban shall apply in rooms of public places.

(2) As an exception to the prohibition laid down in paragraph 1, those bodies which have a sufficient number of premises and which have a sufficient number of premises, may be designated spaces where smoking is permitted if it is guaranteed that: Tobacco smoke does not penetrate the area covered by smoking and the ban on smoking is not circumvented by this.

(3) The derogation provided for in paragraph 2 shall not apply to schools or other institutions in which children or young people are supervised, taken up or housed.

(4) Paragraph 1 shall not apply to:

1.		Establishments of the hospitality industry,
2.		Holdings according to § 111 para. 2 Z 2, 3, 4 or 5 GewO,
3.		Events within the meaning of section 2 (1) (Z) 25 GewO,
4.		Tobacco trafias. "

8. According to § 13, the following § 13a is inserted:

" § 13a. (1) Smoking bans according to § § 12 and 13 are to be indicated in the rooms and facilities covered by the smoking ban by the smoking ban "Smoking prohibited".

(2) Instead of the smoking ban according to paragraph 1, smoking bans in accordance with § § 12 and 13 may also be marked by smoking ban symbols, which clearly indicate the existing smoking ban.

(3) The smoke prohibition information referred to in paragraph 1 or the smoking prohibition symbols referred to in paragraph 2 shall be affixed in sufficient numbers and sizes in such a way that they are clearly visible everywhere in the room or in the facility. "

9. In § 14 (1) (3) (3), after the word "Advertising" the phrase "or sponsorship" inserted.

10. In accordance with § 14, the following § 14a is inserted:

" § 14a . Those who violate the labelling requirements of smoking bans in accordance with § 13a, if the action does not constitute the offence of a criminal offence within the jurisdiction of the courts or under other administrative provisions with stricter rules Punishment is threatened, an administrative surrender and is punishable by a fine of up to 720 euros. "

11. § 17 reads:

" § 17. (1) The provisions of § 1 Z 11, § 2 para. 2 and 3, § 13 and § 13a are subject to 1. Jänner 2005 in force.

(2) The provisions of § 1 Z 7 and 7a as well as § 11 shall enter into force on 31 July 2005.

(3) The provision of § 14a shall take place at 1. Jänner 2007 in force.

(4) The provisions of Section 11 (4) (5) and (6) shall take place at the end of the 31. Decembers 2006 out of force. "

Fischer

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