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PROPOSED LAW NO. 119 /X

Exhibition of Motives

Tobacco use is, today, the leading preventable cause of disease and death. Second

the World Health Organization (WHO) currently die all over the world about

of 5 million people, as a result of this consumption. If nothing is done, they will die

annually, in 2030, worldwide, about 10 million people.

Tobacco smoke contains more than 4500 chemical substances, with toxic effects,

mutagenic and carcinogenic. On the other hand, tobacco contains nicotine-substance with

psycho-active properties-dependency generator. Of the irregular consumption started,

habitually, during adolescence or early adulthood, quickly evolves

for regular consumption, difficult to abandon without support, given the strong additive power of the

tobacco.

It is currently estimated that tobacco use is responsible for about 90% of the

mortality from lung cancer, by about 30% of deaths by any type of

cancer, for more than 90% of deaths from chronic obstructive pulmonary disease, by about

of 30% of mortality from coronary disease and by about 15% of total mortality

by cardiovascular diseases.

In addition to the effects of tobacco consumption on the health of active smokers, there is today

sufficient scientific evidence that people exposed to tobacco environmental smoke

have a greater likelihood of coming to contract lung cancer, diseases

cardiovascular, as well as various respiratory pathologies of acute nature and

chronicle.

Places of work and other closed public spaces constitute a source

important from involuntary exposure to tobacco environmental smoke, main pollutant

avoidable from indoor air, currently considered by the WHO and other entities

international as a human carcinogen of group 1, for which there is no threshold

exposure insurance.

It is to be mentioned that involuntary exposure to tobacco smoke in workplaces can

take place in a repeated and continued way throughout the working life, which aggravates the

consequences of this exhibition. It may also be a factor of potentiation of others

risk factors for occupational health and safety. The workers in

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restaurants, bars and discotheques find themselves particularly exposed, and may

present levels of exposure quite higher than those of the general population.

It is also recognized that tobacco use during pregnancy is lesive for the

health of the fetus and that the children's child of smoking parents have respiratory problems and

of the middle ear with greater frequency, as well as a worsening of crises

asthmatics.

In Portugal, tobacco use is also one of the main causes of

morbidity and preventable mortality. It is estimated that in 2000 it was responsible for

85% of deaths from lung cancer, by 26% of total cancer deaths and by 9%

of the total deaths from verified cardiovascular disease in men. This consumption

was still responsible for about 22% of the total deaths, per 18% of deaths per

cardiovascular disease and by 65% of deaths from chronic obstructive pulmonary disease

verified in men from 35 to 69, and for 26% of deaths from lung cancer

and for 17% of deaths from chronic obstructive pulmonary disease verified in women,

in the same age group.

For this fact, the prevention and control of smoking constitute one of the areas of

priority action of the Government, inserted into the most extensive objective of preventing the disease and

health promotion, through the creation of conditions facilitating the adoption of

healthy behaviors and lifestyles.

Under the National Health Plan, various measures to be identified are identified

implemented until 2010, with particular reference for the reduction of consumption of the

tobacco in young people, for the enhancement of interventions in the field of smoking cessation,

for the increase in the prices of tobacco products and for the protection of non-

smokers from exposure to tobacco environmental smoke.

In our Country, general smoking prevention bases have been established by the Law

n ° 22/82 of August 17, regulated by the Decree-Law No. 226/83 of May 27,

in the aim of protecting non-smokers and limiting the use of tobacco, so to

contribute to the decrease in risks or negative effects on people's health

from the act of smoking.

The aforementioned Decree-Law No. 226/83 of May 27, was the subject of successive

changes, determined by the need for constant improvement and adaptation

face to the new problems that the health advocacy has come up with, as well as by the

impositions arising from the transposition of the Community Directives, which makes it difficult to

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its interpretation and application, by importing to bring together, in a single diploma, revised and updated,

all the existing regulatory legislation in this matter.

The prevention of smoking and anti-tobacco struggle have also constituted objectives

priority in the policy of the European Union, being to highlight the Recommendation of the

Council of December 2, 2002 on the prevention of smoking and initiatives

designed to strengthen the anti-tobacco fight, which proposes to member states the adoption of

appropriate legislative and / or administrative measures, in the sense of strengthening prevention

of smoking in young people, to ban all forms of advertising, sponsorship or

practices directly or indirectly intended to promote tobacco products, from

protect the health of non-smokers in workplaces, in other public places

closed and in public transport, as well as to promote and support cessation

tabagic.

The Council Directive No 89 /622/CEE of November 13, 1989 on the

approximation of the laws, regulatory and administrative provisions of the States

members on labelling of tobacco products, has been transposed into the order

legal internal by the Decree-law No. 200/91 of May 29 and by the Portaria No. 821/91,

of August 12. Subsequently, by Council Directive No 90 /239/CEE of 17 of

May 1990, the rules on maximum tar content have been established in the

cigarettes, the transposition of which into domestic law was also carried out by the Portaria

n. 821/91, of August 12.

New legislative push has been given with the adoption of Directive No 2001 /37/CE of the

European Parliament and of the Council of June 5, 2001 on the approximation of the

legislative, regulatory and administrative provisions of member states in what

respects the manufacture, marketing and sale of tobacco products, transposed into the

national law by the Decree-Law No. 25/2003 of February 4.

This decree-law came to set the maximum levels of tar, nicotine and monoxide from

carbon in cigarettes, health warnings, as well as other indications to

record of the packaging units of tobacco products.

With the aim of ensuring consumers ' right to information on the use of the

tobacco and its repercussions on health, manufacturers or importers of the products of the

tobacco have gone on to submit, annually, to the Directorate General of Health a list

of all the ingredients and their quantities used in the manufacture of these products,

by brand and individual type, respective toxicity and risks of dependence arising

of their consumption, given these regularly disclosed to consumers.

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In that same spirit, limitations have yet been established on the use in packaging

of the tobacco products of certain indications as "low tar content", "light",

"ultra-light", "mild", assignments, images and figurative symbols, or others, that

can induce the consumer in the error that these products are less harmful and lead to

changes in consumption. Concomitantly, it was introduced the marking by batches of the

tobacco products, so as to ensure the traceability of these products.

The same decree-law also introduced other provisions, of national scope,

motivated by reasons of health protection, so as not to facilitate the consumption of

tobacco by young people, such as, for example, the ban on the sale of cigarettes in

packaging with less than 20 units.

This decree-law was subsequently amended and corrected, in some respects, by the Decree-

Law No. 76/2005 of April 4, which imposed a ban on the sale of tobacco to minors from

16 years, limited the access to the vending machines and banned the sale of tobacco

in all places where smoking is prohibited.

Considering that these machines constitute a vehicle of advertising and of

social banalization of tobacco products, making them easily accessible to children

and young people, it matters to restrict their use through blockers that enable the

discrimination in the sale, requiring, in addition, that the machines be

placed in the interior of the establishment under the visual range of the retailer. Enjoy yourself

to extend the ban on the sale of tobacco products to those under 18.

With regard to advertising and sponsorship of tobacco products, since 1982, by

Law No. 22/82 of August 17, which this is found to be fully prohibited, through

any national advertising channel or with registered office in Portugal, with the exception of

commercial information circumscribed to the indications of price, mark and origin displayed in the

montras of the establishments selling tobacco or consumer objects directly

related to their use.

At the level of the European Union, TV advertising is found to be totally banned

by Council Directive No 89 /552/CEE of October 3, 1989 on the wording that

it has been given by Directive No 97 /36/CE, of the European Parliament and of the Council, of 30

of June 1997, including the televendas of tobacco products, as well as the

sponsorships of programmes by companies in the tobacco sector.

The Directive No 2003 /33/CE of the European Parliament and of the Council of May 26 of

2003, on the approximation of the laws, regulations and

administrative of the member states in respect of publicity and sponsorship of the

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tobacco products, has come to regulate advertising for tobacco products, in the means

of communication other than television, i.e. in the press and in other means of

printed communication, in broadcasting and in the services of the information society;

also regulated the sponsorship of radiophonic emissions or activities or

events with cross-border effects, including free distribution or price

reduced from tobacco products with a view to the free movement of products.

However, as it relates in the preamble to this Directive, transposed by the Decree-

Law No. 14/2006 of January 20, the same shall not apply to indirect advertising and to the

sponsorship of events or activities without cross-border effects, continuing the

Member States, subject to the provisions of the Treaty, to be competent for

regulate these matters, so they revise the provisions in this area.

Thus, it expressly passes on the promotion or sponsorship of campaigns of

promotion or prevention of smoking by companies marketing products of the

tobacco, as the interests of these companies are irreconcilable with the aim of

protect the health of citizens. The free distribution or the free distribution is also prohibited

promotional sale, or at reduced prices, of tobacco products.

In the sense of creating global conditions for the implementation of strategies

integrated, not only national, but also transnational, effective control of this

serious public health problem, WHO has promoted the negotiation of a Convention

Table for Tobacco Control, which came to be adopted in the 56 th World Assembly

of Health, on May 21, 2003, by 192 member states.

This Convention, signed by Portugal, on January 9, 2004, and approved by the

Decree No. 25-A/2005 of November 8, 2005, which officially entered into force

February 6, 2006, vigour since this date in the internal legal order, pursuant to the

n Article 8 (2) of the Constitution of the Portuguese Republic.

In accordance with Article 5 of this Convention, Portugal obliges itself to adopt and

implement legislative and administrative measures, with a view to the drafting of policies

appropriate to the prevention and reduction of tobacco use, nicotine dependence and

from exposure to tobacco smoke by actively participating in the achievement of

strategies not only national but also in the framework of international cooperation.

Taking into consideration the above, as well as the commitments made by

Portugal, not only in the framework of the said Framework Convention, but also while

Member State of the European Union, proceeds to review and update of the legislation

existing in the prevention of smoking, with particular emphasis on reinforcement

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of the measures to protect non-smokers from involuntary exposure to smoke from the

environmental tobacco, proceeding to the reinforcement of measures to ban smoking in the

workplaces, making them extensive to homes and other institutions for people

elderly, catering and beverage establishments, the shopping centres, the

hotels, airports, seaways and means of transport.

Having present the high toxicity of tobacco products, take advantage to review and

strengthen the provisions on the control of access to these products, by interditting

the sale of tobacco products through vending machines that do not

are endowed with a blocker system that prevents the respective access to minors from

18 years, also requiring the machines to be placed inside the

establishment under the visual range of the retailer.

The provisions of Directive No 2003 /33/CE, of the same way, shall be taken into account.

European Parliament and of the Council of May 26, 2003 on the approximation of the

legislative, regulatory and administrative provisions of the member states in

advertising and sponsorship of tobacco products, extending the ban

of the advertising already in place in Portugal since 1982, to the services of the society of the

information and to all events or sponsorships with cross-border effects.

Information from the large public, as well as health education in

middle school, promoting the introduction of this themed in the curricula of schooling,

in an integrated manner in the promotion of healthy lifestyles and education for the

citizenship, as well as in the pre- and post-graduate training of the teachers.

The training pre- and post-graduates of health professionals are also encouraged

matter for the prevention and treatment of tobacco use and dependence, as well as the creation

of tobacco cessation supports in the integrated health services in the National Service of

Health, in particular in primary health care and in hospital services

pertinent.

Extinguish the Council for the Prevention of Tabagism, strengthening the intervention of the

health services and cross-sectoral participation and civil society.

The supervisory mechanisms provided for in this proposed law are strengthened,

taking advantage, yet, to update the amounts of the fines that are found

manifestly outdated in the face of the current standard of living.

The Government has promoted the holding of two public hearings, which have had a large

participation by the recipients of the diploma, particularly by the people

collective that will be affected by the ban on smoking.

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The National Consumer Council and the Prevention Council have been heard.

Tabagism.

The self-governing bodies of the Autonomous Regions, the Association, should be heard

National of Portuguese Municipalities and the National Association of Freguestics.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Chapter I

General provisions

Article 1.

Subject

This Law gives execution to the provisions of the World Organisation Framework Convention

of Health for Tobacco Control, approved by the Decree No. 25-A/2005 of 8 of

November, setting standards for the prevention of smoking, in particular in the

that refers to the protection of involuntary exposure to tobacco smoke, to

regulation of the composition of tobacco products, regulation of the

information to be provided on these products, to the packaging and labelling, to the awareness

and health education, the prohibition of advertising in favour of tobacco, promotion and

sponsorship, to the measures to reduce demand related to dependence and

cessation of consumption, for sale to minors and through automatic means, so as to

contribute to the decrease in the risks or negative effects that the use of tobacco entails

for the health of individuals.

Article 2.

Definitions

For the purposes of this Law and too much legislation on the prevention of smoking,

is understood by:

a) "Supplementary warning", any of the caveats referred to in Annex II

to this Law;

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b) "General Warning", the warning relating to the damage to health arising from the

use of tobacco, the apor on the most visible face of tobacco packaging;

c) "Tar or condensate", the condensate of anhydrous gross smoke and free from

nicotine;

d) "Areas of work in permanence", the places where the workers have

that remain more than 20% of the respective daily working time;

e) "Tobacco packaging", any form of individual packaging and any

outdoor packaging used in the retail sale of tobacco products, with

the exception of transparent overpacks;

f) "Ingredient", any substance or component, other than the leaves and other

natural or unprocessed parts of the tobacco plant, used in the manufacture

or in the preparation of a tobacco product and present in the final product, still

that in altered form, including the paper, the filter, the paints and the adhesives;

g) "Place of work", all the place where the worker is located, and in which

is, directly or indirectly, subject to the control of the employer;

h) "Place of sale of tobacco", any place where they are put up for sale

tobacco products;

i) "Nicotine", the nicotinic alkaloids;

l) "Product of tobacco", any product intended to be smoked, inhaled,

sucked or chewed, as long as it is, albeit partially, constituted by

tobacco, genetically modified or not;

m) "Tobacco products for oral use", the products that are intended for oral use

constituted wholly or partially by tobacco in the form of powder or

fine particles or any combination of these forms, namely those that

they present themselves in individual doses or porous packages or in form that

evoke a foodstuff, with the exception of products for smoking or

chewing;

n) "Tobacco advertising", any form of communication made by entities

of a public or private nature, in the context of a commercial activity,

industrial, artisanal or liberal, with the direct or indirect purpose of

promote a product of tobacco or its consumption;

o) "Recinto closed", all space limited by walls, walls or other

surfaces and endowed with a cover;

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p) "Service of the information society", any service provided at a distance,

by electronic means, upon individual request by a recipient of services

and against payment of a price, understanding, in this compliance, by:

- "At a distance", a service provided without the parties being physical and

simultaneously present;

- "By electronic means", a service sent from the source and received in the

destination through electronic processing instruments (including

the digital compression) and data storage, which is entirely

transmitted, forwarded and received by cable, radio, optical means or

other electromagnetic means;

- "Upon individual request of a recipient of services", a service

provided by transmission of data, upon individual request.

q) "Publicity support" means the vehicle used for the transmission of the message

advertisement.

r) "Tobacco", the leaves, part of the leaves and the nerve of the plants Nicotiana tabacum

L. and Nicotiana rustica L ., whether they are marketed in the form of cigarette,

cigarrille or cigars, whether stung for pipe or for the manual feading of

cigarettes, whether with the form of roller, bar, blade, cube or plate or reduced to

powder or grain;

s) "Televenda of tobacco products", the diffusion of direct offers to the public,

carried out by TV channels, with a view to the supply of cigarettes or

other products derived from tobacco, upon remuneration;

t) "Use of tobacco", the act of smoking, inhaling, sucking or chewing a product at the base

of tobacco, as well as the act of smoking, chewing or inhaling the products referred to

in Article 81 (8) and (81) of the Decree-Law No. 566/99 of December 22.

Chapter II

Limitations on tobacco use

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Article 3.

General principle

The provisions of this Chapter aims to establish limitations on the consumption of tobacco in

closed enclosures intended for collective use, in such a way as to ensure the protection of the

involuntary exposure to tobacco smoke.

Article 4.

Prohibition of smoking in certain places

1-It is forbidden to smoke:

a) In places where organs of sovereignty, services and bodies are installed

of the public administration and public legal persons;

b) In the places of work;

c) In the places of direct care to the public;

d) In establishments where health care is provided, particularly

hospitals, clinics, centres and health care homes, doctors ' offices, posts

aid and other similar, laboratories, pharmacies and places where to dispense

medicinal products not subject to medical prescription;

e) In homes and other institutions that are welcoming elderly or disabled people

or disability;

f) In places intended for minors of 18 years, notably nurseries,

crèches and other child care facilities, nursing homes and

youth, leisure centres of leisure, colonies and holiday camps and

too many similar establishments;

g) In educational establishments, regardless of the age of pupils and the

degree of schooling, including, inter alia, classrooms, from study, from

teachers, from meetings, libraries, gyms, attrios and corridors, bars,

restaurants, canteens, cafeterias and recreation spaces;

h) In vocational training centres;

i) In museums, visitable collections and places where cultural assets are kept

classified, in the cultural centres, archives and libraries, in the rooms of

conference, reading and exhibition;

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j) In the rooms and precincts of shows and in other places intended for the diffusion of the

arts and spectacle, including the antech dates, accesses and contiguous areas;

l) In the fun and precinct precincts intended for performances of nature no

artistic;

m) In the closed areas of sports facilities;

n) On the precincts of the fairs and exhibitions;

o) On the sets and large commercial surfaces and in establishments

commercial of sale to the public;

p) In hotel establishments and other tourist ventures, where

are provided with accommodation services;

q) In catering or beverage establishments, including those who own

rooms or spaces intended for dance;

r) In the canteens, in the lunchrooms and in the bars of public and private entities

intended exclusively for the respective staff;

s) In the areas of service and fuel supply stations;

t) At airports, at railway stations, at the road stations of

passengers and in the sea and river floats;

u) In the premises of the metropolitan affectations to the public, specifically in the

terminals or intermediate stations, in all their accesses and

contiguous establishments or facilities;

v) In the covered car parks;

w) In the lifts, lifts and similar;

x) In the closed telephone booths;

z) On the closed enclosures of the automatic money lifting networks;

aa) In any other place, where by determination of management, or other

applicable law, specifically in the matter of risk prevention

occupational, if it prohibits smoking.

2-It is still forbidden to smoke in the vehicles allocated to urban public transport,

suburban and interurban passenger, as well as in road transport,

rail, air, sea and river, in the express services, tourist and

rentals, in taxis, ambulances, patient and telephone transport vehicles.

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Article 5.

Exceptions

1-Without prejudice to the provisions of the paragraph d) of paragraph 1 of the previous article, may be created

areas exclusively targeted for smoker patients in psychiatric hospitals,

services, treatment and rehabilitation centres and internment units of

addictions and alcoholics, as long as they meet the requirements of the sub- a)

and b) of paragraph 5.

2-Without prejudice to the provisions of the previous article, they may be created, in the

prison facilities, accommodation units, in cells or shrimps, for

reclusive smokers, as long as they meet the requirements of the sub- a) and b) of paragraph 5,

being still admitted to smoking in the outdoor areas.

3-In the places mentioned in the points a) , b) , c) , d) , e) , h) , i) , j) , l) , m) , n) , o) , p) , q) , r)

and t) of paragraph 1 of the preceding Article, as well as in the places mentioned in the paragraph g) of the n.

1 of the previous article integrating the higher education system, is admitted to smoking in the

outdoor areas.

4-In the places mentioned in the paragraph s) of paragraph 1 of the preceding Article shall be admitted to smoke in the

outdoor areas, with the exception of areas where the supply of

vehicles.

5-In the places mentioned in the points a) , b) , e) , j) , l) , n) , o) , p) and t) of the Article 1 (1)

previous, as well as in the places mentioned in the g) of paragraph 1 of that Article

that integrate the higher education system and the places mentioned in the ( h) from the

n. 1 of the same article that are not frequented by under 18 years old, may be

allowed to smoke in areas expressly intended for the purpose, provided that

comply with the following requirements:

a) Be properly flagged, with attachment of dystics in visible places,

pursuant to the provisions of Article 6;

b) Be physically separated from the remaining premises, or, in the case of whether

situate in the interior of buildings, have ventilation device

separate from the rest ventilation system or air air conditioning of the respective

building, in order that smoke does not spread to the contiguous areas, and directly

ventilated to the outside, through effective air extraction system.

6-In the places mentioned in the paragraph q) of paragraph 1 of the previous article, with area intended

to the public equal to or greater than 100 m2, areas for smokers may be created, up to

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a maximum of 30% of the total area, provided that they comply with the mentioned requirements

in the points a) and b) from the previous number, do not cover the targeted areas

exclusively to the staff nor the areas where the workers have to work

in permanence.

7-In the places mentioned in the paragraph p) of paragraph 1 of the previous article, may be

reserved floors, lodging units or rooms for smokers, up to a

maximum of 40% of the respective total, occupying contiguous areas or the totality of a

or more floors, endowed with ventilation system separate from the rest ventilation

of the building and directly ventilated to the outside through effective system of

exhaustion, so as to ensure that smoking does not spread to contiguous areas

intended for non-smokers.

8-Without prejudice to the provisions of paragraph 2 of the preceding Article and of the limitations set out in

regulations issued by the carrier companies or by the port capitals,

it is permitted to smoke in the areas discovered in the boats assigned to sea careers or

fluvial

9-A The definition of the areas for smokers falls to the entities responsible for the

establishments in question, and the respective services of

safety, hygiene and health at the workplace and the safety and health commissions

at work, or the representatives of the workers.

Article 6.

Signage

1-A interdiction or the conditioning of smoking within the places referred to in the

articles 4 and 5 shall be pointed out by the respective competent entities,

upon the affixing of dystic with red background, conforms to the model A

constant in Annex I to this Law and that it is an integral part, being the trait,

including the caption and the cross, white and with minimum dimensions of 160 mm x 55

mm.

2-The areas where smoking is allowed are identified upon dystic attachment

with blue background and with the remaining characteristics indicated in the preceding paragraph,

conforms to the model B constant of Annex I.

3-To the dystics referenced in the previous numbers should be in, at the lower end of the

model, a caption identifying the present law.

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4-The dystic referred to in paragraph 1 shall still contain the amount of the maximum applicable fine

to smokers who violate the ban on smoking.

5-In the case provided for in paragraphs 6 and 7 of the preceding article, the dysics shall be affixed to

form to be visible from the outside of the establishments.

Article 7.

Responsibility

1-Compliance with the provisions of articles 4 to 6 shall be ensured by the entities

public or private persons who have their office the places referred to in this Law.

2-Where breaches of the provisions of Articles 4 to 6 are checked, the entities

referred to in the preceding paragraph shall determine to the smokers to abstain from

smoking and, should these fail to comply, call the administrative authorities or

police officers, which they must wash the respective self of news.

3-All users of the places referred to in paragraph 1 shall have the right to demand compliance

of the provisions of Articles 4 to 6, and may lodge a written complaint,

circumstantiate, using for the effect, namely, the book of complaints

available in the establishment concerned.

Chapter III

Composition and measurement of substances contained in marketed cigarettes

Article 8.

Maximum levels of tar, nicotine and carbon monoxide from cigarettes

Cigarettes marketed or manufactured in national territory may have no contents

higher than:

a) 10 mg per cigarette, for the tar;

b) 1 mg per cigarette, for nicotine;

c) 10 mg per cigarette, for carbon monoxide.

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Article 9.

Methods of measurement

1-The levels of tar, nicotine and carbon monoxide of cigarettes are measured

according to ISO 4387 standards for tar, ISO 10315 for nicotine and ISO 8454

for carbon monoxide.

2-A the accuracy of the particulars of the tar and nicotine bets on the packs of

cigarettes is checked according to ISO 8243.

3-The provisions of the preceding paragraphs shall be carried out or verified by laboratories

of test accredited by the Portuguese Institute of Accreditation (IPAC), pursuant to the

n Article 6 (1) of the Decree-Law No 125/2004 of May 31, or by the authorities

competent from the other member states.

4-A The list of the laboratories is communicated by IPAC to the Directorate General of Health, hers

by constying the criteria used for accreditation of each.

5-A Directorate-General for Health communicates to the European Commission the list of laboratories,

in the terms of paragraph 4, as well as the changes taking place.

6-cigarettes are subjected to measurements by the manufacturer or importer of products

of tobacco, which is responsible for the respective charges.

7-Where the Directorate General of Health determines it, the manufacturers or importers

of tobacco products must carry out tests, in order to assess the content of other

substances produced by their tobacco products, by brand and individual type,

and the effects of such substances on health, taking particular account of the

respective danger of dependence.

8-The results of the tests carried out in the terms of this article shall be submitted

by the manufacturer or importer of tobacco products to the Directorate General of Health, until

September 30 of each year.

9-A Directorate-General for Health ensures the disclosure, by any appropriate means, of the

data presented in accordance with this article in order to inform the

consumers, taking into account, where appropriate, the information that

constitute a manufacturing secret, to be specified by the manufacturer or importer of

tobacco products.

10-A Directorate-General for Health communicates to the European Commission, until December 31

of each year, all data and information arising from the measurements provided for in this

article.

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Article 10.

Other information regarding the product

1-The manufacturers or importers of tobacco products must submit to the

Directorate-General for Health, annually, until September 30, in computer support,

the list of all ingredients and their quantities used in the manufacture of the

its tobacco products, by brand and individual type.

2-A The list referred to in the preceding paragraph shall be accompanied by a statement that

expat the reasons for the inclusion of these ingredients in tobacco products, with

indication of its function and category, and of information on toxicological data

of which the manufacturer or importer possesses about these ingredients, with or without

combustion, as is the case, mentioning in particular its effects on the

health, namely the risk of dependence, elaborated by descending order of the

weight of each ingredient included in the product.

3-The manufacturers or importers of tobacco products must specify the

information that they understand should not be disclosed, in the terms of the number

next, for constituting secrecy of manufacture.

4-A list referred to in paragraph 1, with indication of the levels of tar, nicotine and monoxide

of carbon, is disclosed by the Directorate-General for Health to consumers, with

safeguarding of the information regarding specific product formulas that

constitute manufacturing secret.

5-A The Directorate-General for Health communicates annually to the European Commission, up to 31 of

December, the data and information arising from the measurements provided for in this article.

Chapter IV

Labelling and packaging of cigarette packs

Article 11.

Labelling

1-The levels of tar, nicotine and carbon monoxide of the cigarettes measured in

compliance with Article 9 must be printed on a side face of the packs,

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in Portuguese language, so as to cover at least 10% of the surface

corresponding.

2-All packaging units of tobacco products must present the

following warnings:

a) General warnings:

"Smoking kills";

"Smoking severely damages your health and that of those around you";

b) A supplementary warning chosen from the list set out in Annex II to the

present law and that it is an integral part of it.

3-Each of the general and supplementary warnings shall appear on a regular basis,

so that your betting should be changed.

4-A general warning should be printed on the most visible face of the units of

packaging and the supplementary warnings in the other face of these units,

owing these warnings to appear, compulsorily, of the packing units and

of any outer packaging used in the retail sale of the product, excluding

those on transparent packaging.

5-The general warnings provided for in the a) of paragraph 2 shall cover at least 30%

of the external area of the corresponding surface of the tobacco packaging unit

where it is printed.

6-A supplementary warning required in paragraph b) of paragraph 2 shall cover at least

40% of the external area of the corresponding surface of the packing unit of

tobacco in which it is printed.

7-A The surface of the caveats referred to in this article in the case of the units

of packaging intended for products other than cigarettes whose most visible face

exceeds 75 cm2, shall be of at least 22.5 cm2 for each face.

8-The text of general warnings, supplementary warnings and referrals

of the contents shall be:

a) Printed in Portuguese language and in lower case, with the exception of the first

letter of the message and grammatical requirements;

b) Printed on black body Helvethics on white background, so as to occupy the

greater possible space of the surface reserved for the text in question;

c) Centered on the area where the text is to be printed, parallel to the board

top of the packaging;

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d) Surround of a black frame with 4 mm wide, which does not interfere with the

text of the warning or information provided;

9-In the case of tobacco products other than cigarettes, the warnings mentioned in the

present article may be bets by means of stickers, as long as these are

unremovable.

10-The printing of the texts specified in this article in the tax stamps of the

packing units and in place likely to be damaged by the opening

of these packaging, and shall be immovable in an immovable, indelible manner, not

dissembled, veiled or separated by other indications or images.

11-In addition to the requirements laid down in the previous figures, it must still appear

in each packing unit the respective lot number or equivalent, of

mode to allow to identify the location and timing of production.

Article 12.

Packaging

Cigarette packaging units may not be marketed containing less

of 20 units.

Article 13.

Denominations of the product

They may not be used in packaging of tobacco products texts, assignments,

marks and figurative symbols or other signs that have swirled that a particular

tobacco product is less harmful than the others, with the exception of the provisions of

n Article 11 (1)

Article 14.

Tobaccoes intended for oral use

The marketing of tobaccoes intended for oral use is prohibited.

Chapter V

Sale of tobacco products

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Article 15.

Ban on sale of tobacco products

1-The sale of tobacco products is prohibited:

a) In the places referred to in points a) , d) , e) , f) , g) , h) and r) of the Article 1 (1)

4. and in the facilities referred to in paragraph m) of the same article;

b) Through vending machines, whenever these do not gather

cumulatively the following requirements:

i) Be fitted with an electronic device or other system

blocker that prevents your access to minors of 18 years;

ii) Be located within the commercial establishment, in such a way

be visualized by the responsible of the establishment, not

be placed in the respective access areas, stairs or similar areas

and in the corridors of shopping centres and large commercial surfaces.

c) To minors under the age of 18 years, to be shown, when necessary, by

any identifiable document with photography.

d) Through means of televenda.

2-A prohibition referred to in para. c) of the preceding paragraph shall appear in printed notice

in easily readable characters, on contrasting background, and affixed to shape

visible at the places of sale of tobacco products.

3-The marketing of promotional packaging or the reduced price is prohibited.

Chapter VI

Advertising, promotion and sponsorship of tobacco and tobacco products

Article 16.

Advertising and promotion

1-All forms of advertising and promotion to tobacco and products are prohibited

of tobacco, including hidden, dissimulated and subliminal advertising, through

national advertising media or with registered office in Portugal, including the services of the

information society, save the provisions of paragraphs 3, 4 and 7.

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2-It is prohibited to advertise tobacco, or its use, in vending machines

automatic.

3-The provisions of paragraph 1 shall not apply to the commercial information circumscribed to the

indications of price, mark and origin displayed exclusively within the

establishments that sell tobacco products, as long as this is not visible in the

exterior of the establishments, specifically in the respective montras.

4-A advertising in the press and in other printed media is only

permitted in publications intended exclusively for trade professionals

of tobacco or in publications printed and edited in third countries, provided that

are not primarily intended for the community market.

5-Free distribution or promotional sale of tobacco products is prohibited or

of any consumer goods, which they target, or have for direct or indirect effect,

the promotion of these tobacco products.

6-The distribution of brindles, award of prizes or the achievement of

competitions, albeit exclusively for smokers, by companies

directly or indirectly related to the manufacture, distribution or sale of

tobacco products.

7-It is only admitted to the promotion of tobacco products when this one is fearless

exclusively to the professionals of the tobacco trade and be held outside the

scope of the sales activity to the public.

8-The introduction of coupons or other extraneous elements in packaging and

on packaging of tobacco products, or between these and those, in addition to the

own tobacco product and its labelling.

9-The promotion of sales and the introduction in packaging consumption is prohibited

miniature of brands already marketed or marketing.

Article 17.

Advertising in consumer objects

1-In advertising actions, it is forbidden to place names, marks or emblems of a

product of tobacco in consumer objects other than tobacco products themselves.

2-It is prohibited the manufacture and marketing of games, toys, video games,

food or goodies with the form of tobacco products, or with logo of

brands of tobacco.

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Article 18.

Sponsorship

1-Any form of public or private contribution shall be prohibited, in particular by

part of companies whose business is the manufacture, distribution or sale of

tobacco products, intended for an event, an activity, an individual, a work

audiovisual, a radiophonic or television programme, which vise, or has by effect

direct or indirect, the promotion of a product of tobacco or its consumption.

2-The sponsorship of events or activities by companies of the tobacco sector is prohibited

involving or carrying out in a number of member states or having any

other cross-border effects.

3-Free distribution or promotional prices of tobacco products is prohibited,

in the context of the sponsorship referred to in the preceding paragraph, which is vise or has by effect

direct or indirect the promotion of such products.

Chapter VII

Measures for prevention and control of smoking

Article 19.

Information campaigns, prevention or sales promotion

Campaigns or other initiatives promoted or sponsored by the

producing companies, distributors, subsidiaries or related products, of tobacco products, which

visit, directly or indirectly, the information and prevention of smoking.

Article 20.

Information and education for health

1-The State, specifically the sectors of health, education, youth,

sport, consumer protection, the environment, labour, economy and the

culture, as well as Autonomous Regions and local authorities, should promote the

information of citizens, using, where possible, sign language and

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language braille , and to contribute to the creation of conditions favourable to prevention and

to the control of smoking.

2-Health services, regardless of their legal nature, specifically

health centres, hospitals, clinics, doctor's offices and pharmacies, must

promote and support information and education for the health of citizens

concerning the maleffices arising from tobacco use and the importance of the

tabagic cessation, through campaigns, programs and initiatives aimed at

population in general or to specific groups, specifically children and young people,

pregnant women, parents, women of childbearing age, sick people, teachers and others

workers.

3-A thematic of the prevention and control of smoking should be addressed in the framework

of education for citizenship, at the level of basic and secondary education and the

curricula of vocational training, as well as training pre- and post-graduates of the

teachers of these levels of education.

4-A thematic of the prevention and treatment of tobacco use and addictions should

be part of the curricula of the pre- and post-graduate training of health professionals,

in particular from the doctors, the doctors dentists, pharmacists and the

nurses, while privileged agents of education and health promotion.

Article 21.

Tabagic cessation consultations

1-Specialized consultation of support for smokers who wish to

quit smoking, intended for employees and users, in all centres of

integrated health in the National Health Service and public hospital services,

in particular in the services of cardiology, pneumology, psychiatry, in the institutes and

oncology services, obstetrics services, psychiatric hospitals and centres of

care for alcoholics and addictions.

2-Whenever the size of the services and the population served does not justify the

creation of a specialized consultation, protocols should be established with

other specialist consultations, so as to ensure the appropriate access of the

smokers who will need this type of support to quit smoking.

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Article 22.

Advisory technical group

1-It is created, in the direct reliance of the Director-General of Health, a technical group

advisory, aiming to provide technical advice, as well as to provide collaboration in the

definition and implementation of programs and other initiatives in the field of

prevention and control of smoking.

2-The advisory technical group, designated by dispatcher of the Director-General of Health, is

constituted, parity, by representatives of the Public Administration and the

civil society, and, as to this, particularly of professional orders from the area of

health, from union and employers ' associations, from scientific societies, by

personalities of recognisance merit in the field of smoking prevention and

still by representatives of other nongovernmental organizations.

Article 23.

Duty of collaboration

The Directorate General of Health promotes compliance with the provisions of this Law, with the

collaboration of public services and bodies with responsibilities in this area.

Article 24.

Statistical study

The Directorate General of Health, in articulation with the National Observatory of Health and

with the advisory technical group, ensures statistical monitoring and

epidemiological consumption of tobacco in Portugal, as well as the resulting impact of

application of this Law to allow the appropriate amendments to the prevention to be proposed

and control of tobacco consumption.

Chapter VIII

Sanctionatory regime

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Article 25.

Counter-ordering

1-Constitutions counter-ordinances the offences of the provisions of Articles 4 to 6, paragraph 2 of the

article 7 and Articles 8 to 19, which are punishable by the following fines:

a) From 50 a to € 1000, for the smoker who fumes at the places provided for in the points a)

a aa) of Article 4 (1) and (2) or outside the outdoor areas or areas

for smokers provided for in Article 5 (1 a) (8);

b) From € 50 a to € 1000, for the owners of the private establishments,

legal persons, companies still irregularly constituted, or

associations without legal personality, as well as for governing bodies

or maximum leaders of the bodies, establishments or services of the

public administration that violating the provisions of Article 7 (2);

c) From 2500 a to € 10000 for entities referred to in the previous paragraph that are in breach of the

provisions of paragraphs 1 a to 8 of Article 5 and Article 6.

d) From 10000 a to € 30000 for offences to paragraphs 6, 7 and 8 of Article 9 and to the

n. paragraphs 1 and 2 of Article 10, being the reduced value for € 1500 and € 3000,

respectively, if the offender is a natural person.

e) From 30000 a to € 250000, for the infringements of Article 8, to Article 9 (3)

and Articles 11, 12, 13, 15, 16, 18, 18, 18, 18 and 19 being the value

reduced to € 2000 and € 3750, respectively, if the offender is person

singular.

2-A negligence is punishable, being the minimum and maximum limits of the applicable fines

reduced to half.

3-In cases provided for in paragraph e) of paragraph 1, the attempt is punishable by being the limits

minimum and maximum of the applicable fines reduced to half.

4-When the offence involves the form of hidden or concealed advertising, it is applicable

the punishment provided for in the general standards on advertising activity.

5-At the counter-ordinances provided for in this Law and in everything as in it if not

find specially regulated are applicable the provisions of the Decree-Law n.

433/82, of October 27, with the amendments introduced by the Decrees-Laws n.

356/89, of October 17, para. 244/95, September 14, and No. 323/2001 of 17 of

December, and by Law No. 109/2001, of December 24.

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Article 26.

Ancillary sanctions

In the case of counter-ordinances provided for in points c) , d) and e) of the Article 1 (1)

previous, the ancillary sanctions provided for in the paragraphs may still be applied a) a g) from the

n Article 21 (1) of the Decree-Law No. 433/82 of October 27, as amended

given by the Decrees-Laws No. 356/89 of October 17, and No 244/95 of September 14.

Article 27.

Solidarity liability

1-For the payment of the fines in which the agents of the offences are sentenced to

provisions of Article 9 (6), 7 and 8, in Article 10 (1) and (10), and Article 10, and

in Article 13 are jointly and severally liable to the manufacturer and the importer of

tobacco products.

2-For the payment of the fines in which the agents of the offences are sentenced to

provisions of the paragraph b) of Article 15 (1) and in Article 16 (2) are

jointly responsible for the owner of the vending machine of

tobacco and the one that has the actual direction of the space in which the equipment is

finds installed.

3-For the payment of the fines in which the agents of the offences are sentenced to

provisions of Article 17 are jointly and severally liable to the manufacturer or importer and

the owner of the places where these products are made available, in a way

onerous or gratuitous.

4-For the payment of the fines in which the agents of the offences are sentenced to

provisions of the paragraph d) of Article 15 (1), in paragraphs 1, 6 and 8 of Article 16 and paragraph 1

of Article 19 shall be jointly and severally liable to the promoter of the sale or of the

campaign, the advertising agency and the proprietary entities of the support

publicist used.

5-For the payment of the fines in which the agents of the offences are sentenced to

provisions of Article 18 (1) and (2) are jointly and severally liable to the entity

sponsor and the sponsoring entity.

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6-The proprietary entities of the advertising support used, the merchant or the

promoter of the sale exims itself from the liability referred to in paragraph 4 case

demonstrem have not had prior knowledge of the broadcast advertising message.

Article 28.

Surveillance and procedural plotting

1-Without prejudice to the competences assigned by Article 7 to the authorities

administrative and police, the surveillance of the provisions of this Law shall compete with the

Food and Economic Security Authority, except for the surveillance of the

precept in the paragraph d) of Article 15 (1), in Article 16 (1), in paragraph 1 of the

Article 18 and in Article 19, which competes with the Directorate-General for Consumer.

2-A The instruction of counterordinance processes competes with the Safety Authority

Food and Economic or the Directorate-General for Consumer, within the framework of

respective assignments, and to whom the autos raised by others should be sent

entities.

3-A The application of the fines and ancillary sanctions competes with the Commission for the Application of

Fines in Economic and Advertising Matters, which of them gives knowledge to the

Directorate-General for Health.

4-The product of the fines is distributed as follows:

a) 60% for the State;

b) 30% for the entity that instructed the process;

c) 10% for the Commission for the Application of Coimas in Economic Matters and of

Advertising.

Chapter IX

Transitional and final provisions

Article 29.

Autonomous regions

1-Autonomous Regions exercise the powers provided for in this Law through

of the bodies defined by the governing bodies of their own.

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2-The product of the fines applied in the Autonomous Regions constitutes own revenue

of these.

Article 30.

Abrogation standard

They are revoked:

a) The Act No. 22/82 of August 17;

b) The Decree-Law No 226/83 of May 27;

c) The Decree-Law No 393/88 of November 8;

d) The Decree-Law No 287/89 of August 30;

e) The Decree-Law No 253/90 of August 4;

f) Article 18 and Article 24 (2) of the Decree-Law No 330/90 of 23 of

October;

g) The Decree-Law No 200/91 of May 29;

h) The Decree-Law No 276/92 of December 12;

i) The Decree-Law No 283/98 of September 17;

j) Article 95 of the Code of Excise Taxes, approved by the

Decree-Law No 566/99 of December 22;

l) The Decree-Law No 25/2003 of February 4;

m) The Decree-Law No 138/2003 of June 28;

n) The Decree-Law No 76/2005 of April 4;

o) The Decree-Law No 14/2006 of January 20;

p) The n. paragraphs 2 a to 5 of the Resolution of the Council of Ministers No. 35/84 of 11 of

June;

q) The Portaria No. 165/84 of March 26;

r) The Portaria No. 432/91 of May 24;

s) The Portaria No. 735/93 of August 13;

t) The Dispatch MS 19/88, of January 25, 1989;

u) The Dispatch 8/ME/88, of February 8, 1989.

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Article 31.

Entry into force

This Law shall come into force one year after the date of its publication.

Seen and approved in Council of Ministers of March 1, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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ANNEX I

30

ANNEX II

List of supplementary warnings

a) The smokers die prematurely.

b) Smoking blocks arteries and causes heart attacks and infarcts.

c) Smoking causes the deadly lung cancer.

d) If you are pregnant: smoking hurts your child's health.

e) Protect the children: Do not get them to breathe their smoke.

f) Your doctor or your pharmacist can help you quit smoking.

g) Smoking causes high dependence. Don't start smoking.

h) Quit smoking reduces the risks of deadly cardiovascular and pulmonary diseases.

i) Smoking can cause a slow and painful death.

j) To help you quit smoking, consult with your doctor or contact your

pharmacist.

l) Smoking can reduce the flow of blood and causes impotency.

m) Smoking causes the aging of the skin.

n) Smoking can harm sperm and reduces fertility.

o) The smoke contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.