LEGE no. 457 of 1 November 2004 (* updated *) on advertising and sponsorship for tobacco products ((updated until 1 January 2009 *)
ISSUER
PARLIAMENT
---------- *) The initial text was published in the OFFICIAL GAZETTE no. 1.067 1.067 of 17 November 2004. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt until January 1, 2009, with the modifications and additions made by ORDINANCE no. 6 6 of 30 January 2008 ** **) approved by LAW no. 225 225 of 28 October 2008 . **) NOTE C.T.C.E. S.A. Piatra-Neamt: Before 1 January 2009, the date of entry into force of the Ordinance no. 6 6 of 30 January 2008 , published in the Official Gazette no. 78 of 31 January 2008, this normative act has been approved with amendments to Law no. 225 225 of 28 October 2008 ,, published in the Official Gazette no. 739 739 of 31 October 2008. Accordingly, and the changes made Law no. 225 225 of 28 October 2008 ,, published in the Official Gazette no. 739 739 of 31 October 2008 on Law no. 457 457 of 1 November 2004 ,, may not apply until 1 January 2009. The Romanian Parliament adopts this law + Article 1 This Law lays down measures concerning the advertising of tobacco products and their promotion in the press and other printed publications, in radio broadcasts, by information society services and by sponsorship in the field of tobacco, including through the free distribution of tobacco products, in order to prevent the consumption of tobacco products. + Article 2 For the purposes of this law, the following terms and expressions have the following meanings: a) tobacco products-products intended for smoking, priming, sucking or chewing, wholly or partly made from tobacco, whether or not genetically modified; ... b) advertising for tobacco products-any form of commercial communication which aims or as a direct or indirect effect the promotion of a tobacco product; ... ----------- Point b) art. 2 2 has been amended by section 4.2 1 1 of the single article of LAW no. 225 225 of 28 October 2008 , published in MONITORUL OFFICIAL no. 739 739 of 31 October 2008. c) sponsorship for tobacco products-any form of public or private contribution for any event, activity or person, with its purpose having as direct or indirect effect the promotion of a tobacco product; ... ----------- Point c) art. 2 2 has been amended by section 4.2 1 1 of the single article of LAW no. 225 225 of 28 October 2008 , published in MONITORUL OFFICIAL no. 739 739 of 31 October 2008. d) information society services-any such services as defined in art. 1 1 section 1 1 of Law no. 365/2002 on e-commerce, as amended. ... e) professionals in the trade in tobacco products-any natural or legal person carrying out an activity in the field of production or marketing of tobacco products or professional advice concerning tobacco products. ... ----------- Letter e) a art. 2 2 has been amended by section 4.2 2 2 of the single article of LAW no. 225 225 of 28 October 2008 , published in MONITORUL OFFICIAL no. 739 739 of 31 October 2008. + Article 3 (. The advertising of tobacco products shall be prohibited: ... a) in the written press and in any other printed publications, except for the notices expressly provided by law; ... ----------- Letter a) a par. ((1) art. 3 3 has been amended by section 4.2 3 3 of the single article of LAW no. 225 225 of 28 October 2008 , published in MONITORUL OFFICIAL no. 739 739 of 31 October 2008. b) transmitted by public or private broadcasters and broadcasters; ... c) in the performance halls, cinemas or other types of visual material projection rooms intended for the public; ... ----------- Letter c) a par. ((1) of art. 3 3 has been amended by section 4.2 3 3 of art. I of ORDINANCE no. 6 6 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. d) on billboards, on awnings or any other display structures, regardless of place of their location or taxes due, except those located in the premises of sale of tobacco products inside the economic units and premises specially designed for smoking; ... ----------- Letter d) a par. ((1) art. 3 3 has been amended by section 4.2 3 3 of the single article of LAW no. 225 225 of 28 October 2008 , published in MONITORUL OFFICIAL no. 739 739 of 31 October 2008. e) through information society services; ... f) by using tobacco products on products other than tobacco or on services not related to trade in tobacco products, with the exception of those products necessary for smoking, such as ashtrays, lighters, matches and others ... ----------- Letter f) a par. ((1) art. 3 3 has been amended by section 4.2 3 3 of the single article of LAW no. 225 225 of 28 October 2008 , published in MONITORUL OFFICIAL no. 739 739 of 31 October 2008. g) by selling or offering free food or toys manufactured with the obvious intention of giving the product and/or packaging or resembling a tobacco product. ... ----------- Letter g) a par. ((1) of art. 3 3 has been amended by section 4.2 3 3 of art. I of ORDINANCE no. 6 6 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. h) by creating, marketing or offering free games, including those intended for use on the computer, or toys that promote smoking or in which a brand of tobacco product is used; ... ----------- Letter h) a par. ((1) of art. 3 3 was introduced by section 4.2. 4 4 of art. I of ORDINANCE no. 6 6 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. i) by using the brands of tobacco products or messages that promote smoking, inscribed or placed on the outside of any means of transport, as well as on the inner and outer part of public transport. ... ----------- Letter i) a par. ((1) of art. 3 3 was introduced by section 4.2. 4 4 of art. I of ORDINANCE no. 6 6 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. (2) Advertising for tobacco products is only allowed in publications intended exclusively for professionals in the trade in tobacco products and in publications which have not been published or printed in Romania or in a Member State of The European Union and neither are mainly intended for the Romanian market or the community market. ... ----------- Alin. ((2) of art. 3 3 has been amended by section 5 5 of art. I of ORDINANCE no. 6 6 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. (3) By exception to the provisions of par. ((1) lit. e), it is allowed to advertise tobacco products through information society services only under the conditions provided in par. ((2). ... ----------- Alin. ((3) of art. 3 3 has been amended by section 5 5 of art. I of ORDINANCE no. 6 6 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. + Article 4 (1) It is prohibited to sponsor for tobacco products events or activities that have transboundary effects or that involve or take place in at least two Member States of the European Union, one of which is Romania. ... (2) Free distribution of tobacco products is prohibited in the context of sponsorship of the events provided in par. (1), with the aim of either directly or indirectly promoting the promotion of tobacco products. ... (3) Free distribution of tobacco products to young people under the age of 18 is prohibited. ... ----------- Alin. ((3) of art. 4 4 has been introduced by section 6 6 of art. I of ORDINANCE no. 6 6 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. (4) The sponsorship of tobacco products of events and activities for young people under the age of 18 shall be prohibited. ... ----------- Alin. ((4) of art. 4 4 has been introduced by section 6 6 of art. I of ORDINANCE no. 6 6 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. (5) It is prohibited to sponsor for tobacco products any events or activities that take place in medical facilities or in medical-pharmaceutical educational establishments. ... ----------- Alin. ((5) of art. 4 4 has been introduced by section 6 6 of art. I of ORDINANCE no. 6 6 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. + Article 4 ^ 1 For the advertising of tobacco products through broadcasting services and for the sponsorship of broadcasting programs, the provisions of art. 30 30, respectively art. 34 34 para. ((2) of the Broadcasting Law no. 504/2002 , with subsequent amendments and completions. ----------- Article 4 ^ 1 has been introduced by section 4. 7 7 of art. I of ORDINANCE no. 6 6 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. + Article 5 (1) The non-compliance with the provisions of art. 3 3 para. ((1) and of art. 4 4 para. (1), (4) and (5) and shall be sanctioned with a contravention fine from 10,000 lei to 50,000 lei. ... (2) The non-compliance with the provisions of art. 4 4 para. ((2) and (3) and shall be sanctioned as follows: ... a) legal entities, with contravention fine from 5,000 lei to 10,000 lei; ... b) individuals, with contravention fine from 500 lei to 1,000 lei. ... (3) Starting with the second deviation, the violation of the provisions of 4 4 para. (1) shall be sanctioned with the contravention fine provided in par. ((1) and with the temporary suspension of the activity by the competent institutions. ... ----------- Alin. ((3) art. 5 5 has been amended by section 4 4 of the single article of LAW no. 225 225 of 28 October 2008 , published in MONITORUL OFFICIAL no. 739 739 of 31 October 2008. ----------- Article 5 has been amended by section 6.6. 8 8 of art. I of ORDINANCE no. 6 6 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. + Article 6 (1) The finding of contraventions and the application of sanctions shall be made by persons empowered in this regard from the Ministry of Health and the National Authority for Consumer Protection, according to the legal provisions in force. ... (2) The offender may pay, on the spot or within no more than 48 hours from the date of conclusion of the minutes or, as the case may be, from the date of its communication, half of the minimum fine provided in art. 5, the finding agent making mention of this possibility in the minutes. ... ((3) Contraventions provided for in art. 5 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ... + Article 7 ((. This Law shall enter into force on 31 December 2006. ... (2) On the date of entry into force of this Law, the art. 10 lit. b) of Law no. 148/2000 on advertising, published in the Official Gazette of Romania, Part I, no. 359 of 2 August 2000, with subsequent amendments and completions. ... + Article 8 This law transposes Directive no. 2003 /33/EC on the approximation of the laws, regulations or administrative provisions of the Member States relating to advertising and sponsorship for tobacco products, published in the Official Journal of the European Communities (JOCE) no. L152 of 20 June 2003, and some provisions of Recommendation no. 2003 2003 /54/EC on the prevention of smoking and on initiatives to improve control of tobacco, published in the Official Journal of the European Communities (JOCE) no. L022 of 25 January 2003. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC SENATE PRESIDENT NICOLAE VACAROIU Bucharest, November 1, 2004. No. 457. _______________
