F47[35.—(1) The advertising of a tobacco product in a publication that is—

(a) printed and published, and primarily intended for sale or distribution, in a state other than a Member State of the European Communities, or

(b) directed solely at persons who carry on, in whole or in part, the business of selling or distributing tobacco products,

is not prohibited.

(2) Section 33A (inserted by section 6 of the Public Health (Tobacco) (Amendment) Act 2004 ) shall not apply to the advertising of a tobacco product in premises specified in a certificate under subsection (2) of section 44.

(3) (a) Section 33A shall not apply to the display in duty free premises situated in an airport of a pictorial list consisting of visual images of packets of the tobacco products on sale at those premises, provided that—

(i) each such image is not greater in size than the size of the packet concerned,

(ii) the list does not contain more than one image of the same product, and

(iii) the list or each such image contains a warning in such form and of such a type as is specified in column 2 of Part 1 of Schedule 1 to the European Communities (Manufacture, Presentation and Sale of Tobacco Products) Regulations 2003 (S.I. No. 425 of 2003).

(b) In this subsection "duty free premises" means a tax warehouse within the meaning of Chapter 1 of Part 2 of the Finance Act 2001 in which tobacco products are sold by retail.

(4) Regulation 8 of the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations 1991 (S.I. No. 326 of 1991) is amended by the deletion of subparagraph (c) of paragraph (2).]