WRITTEN QUESTION No. 1020/98 by Karl-Heinz FLORENZ to the Commission. Ban on all forms of advertising or financial sales promotion of tobacco products
Date: 1998-04-06
Institutions: European Parliament, FLORENZ
Subjects: advertising, free movement of goods, freedom of opinion, freedom to provide services, principle of subsidiarity, public health, single market, sponsorship, tobacco

C 354/52

EN

Official Journal of the European Communities

19. 11. 98

(98/C 354/92)

WRITTEN QUESTION E-1020/98

by Karl-Heinz Florenz (PPE) to the Commission

(6 April 1998)

Subject: Ban on all forms of advertising or financial sales promotion of tobacco products

1.
To what extent did the Commission take account, when drawing up its proposal for a ban on advertising
and sponsorship, of the requirement to respect the freedom of opinion guaranteed by Article 10 of the European
Human Rights Convention and Article F(2) of the EU Treaty?

2.
Does a total ban on tobacco advertising and sponsorship fall within the scope of the public health clause
contained in Article 10(2) of the ECHR? If so, does this not fundamentally call into question the argument that
the  proposal(cid:146)s  main  emphasis  is  on  eliminating  obstacles  to  the  free  movement  of  goods  and  services  in  the
internal market?

Can Article 100a of the EC Treaty justifiably be proposed as a legal basis for the harmonisation of public

3.
health measures, when Article 129 of the EC Treaty expressly excludes harmonization in that area?

4.
In view of the fact that one of the aims of the Treaty is to abolish existing restrictions on freedom to provide
services (Article 63(1) of the EC Treaty), can a proposal based on Article 66 of the EC Treaty (freedom to provide
services) introduce a total, across-the-board ban on advertising and sponsorship?

To what extent is a total ban of all forms and means of tobacco advertising at Community level compatible

5.
with the principles of subsidiarity and proportionality enshrined in Article 3b of the EC Treaty?

Answer given by Mr Flynn on behalf of the Commission

(2 June 1998)

The  Commission(cid:146)s  amended  proposal  for  a  Council  directive (1)  on  tobacco  advertising  is  a  measure  for
completion of the internal market. Its legal basis is considered sufficient and appropriate. The text respects fully
other  EC  Treaty  requirements.  The  Council  adopted  a  common  position  on  (EC)  No  15/98  on  12  February
1998 (2). The Parliament endorsed the common position of the Council (i.e. without amendment) at its plenary
session on 13 May.

(1)  OJ C 129, 21.5.1992.
(2)  OJ C 91, 26.3.1998.

(98/C 354/93)

WRITTEN QUESTION E-1026/98

by Georg Jarzembowski (PPE) to the Commission

(6 April 1998)

Subject: Inspection of loading weights in the container transport sector

Past experience with inspections in the road haulage industry shows that persons and firms engaged in this sector
have no compunction about clearly exceeding the permissible loading weight of vehicles. This is particularly true
of  articulated  trailers  used  to  transport  standard  containers.  Inspections  have  recorded  several  cases  of
overloading by almost 200% of the permissible overall weight. This is due to the fact that the only reference point
is the standardised size of the loading unit and to the haulier(cid:146)s resulting lack of awareness as to its contents.
The practice of overloading endangers all road users in the EU since overloaded lorries are the cause of serious
traffic accidents.

1.

Is the Commission familiar with this problem?

If so, in what way has it incorporated possible solutions to this problem in its thoughts on enhancing road

2.
safety and/or how does it plan to do so in future?