46It is common ground that, as mentioned in the first recital in the preamble to Directive 2003/33, at the time of the Directive's adoption there were differences, as regards those products, between the Member States' laws, regulations and administrative provisions. According to the information given by the Commission in its written observations, when the draft directive was submitted advertising and/or sponsorship in respect of such products were partially prohibited in six Member States, totally prohibited in four, and the subject of legislative proposals seeking a total prohibition in the remaining five.
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