Germany has drawn up a draft law banning tobacco advertising and sponsorship just in case a legal challenge it has mounted to pan-European legislation fails, a government spokesman said on Friday, confirming media reports.

The European Union passed legislation severely limiting tobacco advertising in May 2003. The law would ban all print advertising, radio advertising and event sponsorship. The only exception would be tobacco industry publications, or media printed outside and not specifically intended for the EU.

Germany challenged the law in the EU’s Court of Justice in September 2003. Court of Justice rulings usually take at least two years. An economy ministry spokeswoman reiterated the government still opposed the ban.

“This challenge does not free us from the obligation to apply European law,” a spokesman for Germany’s consumer affairs ministry told a government news conference.

“This draft…allows us, in case it is needed, to implement (the) European law by the July 31 (2005) deadline,” he added.

The draft law was sent to industry associations and Germany’s 16 states last week, the spokesman said.