WRITTEN QUESTION E-2762/02

by Bart Staes (Verts/ALE) to the Commission

(1 October 2002)

Subject: Regulation of advertising campaigns for child-oriented festive periods

In his answer to Written Question E-1857/02(1), Commissioner Bolkestein said that self-regulated advertising campaigns at child-oriented festive periods might be dealt with at national or local level, on condition, of course, that the principles of free movement laid down in the EC Treaty were adhered to.

At the same time, he said that the Commission was minded to protect vulnerable target groups such as children from the negative influences of advertising.

1. Can the Commission inform me whether, in its border regions, Belgium may require traders from neighbouring Member States to comply with this self-regulatory code? For example, may traders from, say, the Netherlands, Germany, France or Luxembourg, during the voluntarily imposed period when advertising is prohibited, actually advertise in Belgium articles specially designed to appeal to children? If so, are not Belgian traders then the victims of unfair competition?

2. On the other hand, is the Belgian Minister for Economic Affairs authorised to penalise Belgian traders who do not comply with the self-imposed code in Belgium, as suggested in the Commission Communication COM(2002) 289, point 29, pp. 10-11?

3. Does the Commission acknowledge the usefulness of a general ruling on the prohibition of advertising aimed at children for a specific period prior to traditional child-oriented festive periods, of whatever nature they might be? Will it, therefore, take a decision to draw up specific rules which go beyond a mere voluntary code of conduct which take account not only of the free movement of goods and services but also of the potential negative consequences of excessive advertising campaigns aimed at children?

(1) OJ C 301 E, 5.12.2002, p. 240.

Answer given by Mr Bolkestein on behalf of the Commission

(5 November 2002)

In view of the Commission's answer to the Honourable Member's Written Question E-1857/02(1) concerning a Belgian self-regulatory code on advertising campaigns for child-oriented festive periods, the Honourable Member requests a more detailed opinion from the Commission on the need for specific rules at Community level in this area.

1. The honourable Member asks whether the Belgium authorities may require traders from neighbouring Member States to comply with the self-regulatory code. If the Belgium authorities applied this code to traders from neighbouring Member States, and if this resulted in a restriction to the freedom to provide services, an analysis would be required as to whether the restriction resulting from the code was a proportionate measure to protect minors. So far the Commission has no evidence that the code has been applied to foreign traders. Furthermore, the Commission is not aware of the details of the code. At this stage the Commission is therefore neither required, nor able to take a position on the lawfulness of application of the code to foreign traders.

2. Whether the Belgian Minister of Economic Affairs is authorised to penalise Belgian traders who do not comply with the self-regulatory code, the Commission is not competent to answer this question. This is to be decided under national law.

3. Regarding the usefulness of Community measures in this field, the Commission has no plans to propose any such measure at the current time. As explained in the reply to the previous Written Question, in order for the Commission to be able to justify proposing harmonisation in this field, it would first need to identify whether differing national regulations in this area gave rise to cross-border restrictions. Secondly, it would have to evaluate whether such identified restrictions were proportionate to the objective of protecting minors, before coming forward with harmonisation. Finally, the Commission would wish to reiterate that its Follow-up Communication to the Green paper on Community Consumer Protection(2) launches a further round of consultation on a possible framework directive on fair commercial practices. The consultation concerns the regulation of commercial practices, including advertising, misleading and unfair commercial practices, and the use of harassment or other undue influence. The Communication also mentions the idea that, where a business consciously directs its activities at a specific vulnerable group of consumers (such as children), the consumer detriment criterion must be adjusted accordingly.

(1) OJ C 301 E, 5.12.2002, p. 240.

(2) COM(2002) 289 final.