WRITTEN QUESTION No. 1090/98 by Graham MATHER to the Council. Draft Directive on the approximation of laws, regulations and administrative provisions of the Member States relating to the advertising of tobacco products
Date: 1998-04-06
Institutions: European Parliament, MATHER
Subjects: EC Directive, advertising, approximation of laws, fundamental rights, manufactured goods, principle of subsidiarity, proposal (EU), sponsorship, tobacco industry

C 323/112

EN

Official Journal of the European Communities

21. 10. 98

(98/C 323/170)

WRITTEN QUESTION E-1090/98

by Graham Mather (PPE) to the Council

(6 April 1998)

Subject: Draft Directive on the approximation of laws, regulations and administrative provisions of the Member

States relating to the advertising of tobacco products

Can  the  Council  give  details  of  the  envisaged  constitutional  implications  of  the  proposed  Directive  for  the
Member States, in particular in relation to civil liberties?

As it stands, the draft Directive makes no reference to subsidiarity or conditionality. Can the Council confirm
whether  it  considered  these  principles  in  elaborating  its  Common  Position  and  explain  the  conclusions  it
reached?

(98/C 323/171)

WRITTEN QUESTION P-1256/98

by Paul Lannoye (V) to the Council

(15 April 1998)

Subject: Tobacco products

In  Article  6(3)  of  the  common  position  of  the  Council  on  the  proposal  for  a  Directive  on  advertising  and
sponsorship of tobacco products, it is proposed that Member States should be permitted to continue to authorise
sponsorship of (cid:145)events or activities organised at world level(cid:146) until 1 October 2006 at the latest.

Can the Council confirm the interpretation that this formulation applies only to the activities of the International
Automobile Federation? If not, to what other activities or events does it apply?

Is not this formulation liable to lead to cases being brought before the Court of Justice on the grounds of possible
discriminatory application?

Joint answer
to Written Questions E-1090/98 and P-1256/98

(6 July 1998)

As  the  Honourable  Members  will  be  aware,  on  13  May  1998,  after  detailed  discussion,  the  European
1.
Parliament approved on second reading the Council(cid:146)s common position on the European Parliament and Council
Directive  on  the  approximation  of  the  laws,  regulations  and  administrative  provisions  of  the  Member  States
relating to the advertising and sponsorship of tobacco products. The Council consequently adopted the Directive
at its meeting on 22 June 1998.

2.
The reasoning that guided the Council in the proceedings that led to the adoption of its common position
were stated in detail in the recitals and in the statement of the Council(cid:146)s reasons sent to the European Parliament
before the second reading. The Council believes that this common position poses no problems regarding civil
liberties and that it complies fully with the principles of subsidiarity and conditionality.

3.
Finally, the Council would remind the Honourable Members that it is for the Commission to ensure that the
measures taken by the institutions under the Treaty are applied and that the Court of Justice is competent to
interpret them.

(98/C 323/172)

WRITTEN QUESTION E-1091/98

by Graham Mather (PPE) to the Commission

(7 April 1998)

Subject: Draft Directive on the approximation of laws, regulations and administrative provisions of the Member

States relating to the advertising of tobacco products

Has the Commission conducted an economic impact study in relation to this proposed directive, in particular in
relation to the advertising industry and the world of sport and its related industries?