WRITTEN QUESTION E-2139/00 by Claude Turmes (Verts/ALE) to the Commission. Luxembourg's interpretation and implementation of Directive 98/43/EC on tobacco advertising and sponsorship.
Date: 2000-06-30
Institutions: European Parliament, Provisional data
Subjects: Luxembourg, advertising, application of EU law, national implementing measure, sponsorship, sporting event, tobacco, tobacco industry

13.3.2001

EN

Official Journal of the European Communities

C 81 E/157

(2001/C 81 E/200)

WRITTEN QUESTION E-2139/00

by Claude Turmes (Verts/ALE) to the Commission

(30 June 2000)

Subject: Luxembourg(cid:146)s interpretation and implementation of Directive 98/43/EC on tobacco advertising

and sponsorship

Is the Commission aware that the (cid:145)Tour du Luxembourg (cid:129) Heart of Europe(cid:146) car rally took place on
22/23 April 2000 (cid:129) Easter weekend, to make matters worse (cid:129) over 550 km of major and minor roads
and cycle tracks?

After a fairly low-key first appearance in 1999, this year(cid:146)s event was European-level (European Champion-
ship, coefficient 2). It had a budget of LUF 10 million and was sponsored by Marlboro, whose name
appeared everywhere (on billboards,
including an enormous advertisement covering the Ettelbr(cid:252)ck
agricultural fair building; at the start of the race; on many Marlboro-sponsored cars taking part and, in
particular, on the six hundred marshals patrolling the course in the company(cid:146)s colours). The rally has
actually been switched to the Luxembourg Ardennes from the Belgian Ardennes, where the directive in
question has been transposed into law. Before the directive(cid:146)s entry into force, only hill climbs were held in
Luxembourg.

In my view, the recitals and articles of Directive 98/43/EC (1) lay down time limits for bringing commercial
practices into line and for the replacement of the tobacco firms providing sponsorship by other financial
backers. During the transitional period, States are not allowed to authorise events which did not exist
before the directive(cid:146)s entry into force. Moreover, does not a Member State that gives the go-ahead for an
event to be moved 50 km away have a duty to act in good faith (Article 12 of the EC Treaty) (cid:145)vis (cid:224) vis(cid:146) the
Member State that has transposed the directive, thus making it impossible for the event to be held on its
own territory?

Does the Commission support my view? If so, given that the facts are known, is it prepared to set the
necessary procedures in train to ensure compliance with Community legislation?

(1) OJ L 213, 30.7.1998, p. 9.

Answer given by Mr Byrne on behalf of the Commission

(13 September 2000)

The Commission was not aware of the (cid:145)Tour de Luxembourg in the Heart of Europe(cid:146) car rally which took
place on 22/23 April 2000.

Concerning the application of Directive 98/43/EC of the European Parliament and of the Council of 6 July
1998 on the approximation of the laws, regulations and administrative provisions of the Member States
relating to the advertising and sponsorship of tobacco products (1), the Commission would like to remind
the Honourable Member that Luxembourg is not obliged to incorporate this Directive into its national
legislation until 30 July 2001.

The Commission therefore sees no need to take measures to require compliance with Community law in
this case. As regards any duty to act in good faith towards another Member State, this is a matter for that
Member State rather than the Commission.

(1) OJ L 213, 30.7.1998.