WRITTEN QUESTION No. 3357/97 by Ursula SCHLEICHER to the Commission. Indirect advertizing for tobacco
Date: 1997-10-22
Institutions: European Parliament, SCHLEICHER
Subjects: advertising malpractice, consumer protection, cosmetic product, public health, tobacco, trade mark

C 134/146

EN

Official Journal of the European Communities

30. 4. 98

(98/C 134/195)

WRITTEN QUESTION E-3357/97

by Ursula Schleicher (PPE) to the Commission

(22 October 1997)

Subject: Indirect advertizing for tobacco

It  appears  that  the  Council(cid:146)s  (cid:145)Health(cid:146)  working  party  is  currently  working  on  a  compromise  proposal  to  ban
tobacco  advertizing.  This  proposal  also  provides  for  a  ban  on  (cid:145)indirect(cid:146)  tobacco  advertisements.  This  would
affect advertisements for cosmetics, for example, which are marketed under the same brand trademark as cigars.

1.
Is the Commission aware that a blanket ban on (cid:145)indirect advertizing(cid:146) will have a detrimental effect on other
products  manufactured  by  the  same  firms,  even  though  the  advertising  for  such  products  ›  cosmetics,  for
example › does not in any way recall advertising for tobacco products?

Does the Commission realise that the version of the draft directive currently under discussion takes little

2.
account of the interests of manufacturers of diversification products?

Is the Commission aware that a ban on advertising for diversification products which do not in any way
3.
encourage the consumption of tobacco cannot be justified on health grounds and is therefore an infringement of
Articles 30 and 59 of the EC Treaty?

4. What action does the Commission intend to take to ensure that only a proposal which is in conformity with
the Treaty is adopted by the Council?

Answer given by Mr Flynn on behalf of the Commission

(24 November 1997)

The position of the Commission is set out in its amended proposal (1), the intention of which, in particular, is to
ensure that a ban is imposed on indirect forms of advertising, which while not actually mentioning the tobacco
product, use trade marks, emblems, symbols or other distinctive elements associated with tobacco products.

The Commission will make known to the Parliament its point of view on the common position when it is adopted
by the Council.

(1)  OJ C 129, 21.5.1992.

(98/C 134/196)

WRITTEN QUESTION E-3358/97

by Caroline Jackson (PPE) to the Council

(23 October 1997)

Subject: Amsterdam Treaty: Declaration on the quality of the drafting of EU legislation

1. What action does the Council Secretariat propose to take to lay down guidelines on the quality of drafting
of Community legislation, as it was invited to do by the European Council meeting in Amsterdam?

2. What appropriate organizational measures does the Council plan to take to ensure that the guidelines are
applied?

3. Will its priorities include a review of staff training, and the allocation of specific responsibilities to staff in
each section to monitor output for plain language?

4. When  does  the  Council  Secretariat  expect  to  complete  its  initiatives  on  the  quality  of  drafting  of
Community legislation, and will it produce a report for the Council and European Parliament on the outcome?