WRITTEN QUESTION E-3297/00 by Chris Davies (ELDR) to the Commission. Tobacco advertising/sponsorship.
Date: 2000-10-25
Institutions: European Parliament, Provisional data
Subjects: advertising, national implementing measure, party financing, sponsorship, tobacco industry

22.5.2001

EN

Official Journal of the European Communities

C 151 E/125

the EC Treaty also apply to the transport sector in general and to the railway sector in particular, it can be
assumed that the general principles in the notice and which can be derived from these articles may, where
appropriate, apply also in the transport sector in individual cases.

In so far as the Honourable Member refers to the situation of SNCB and ABX-Logistics, it should be
2.
noted that
the Commission is currently investigating the issue under relevant state aid provisions.
Obviously, the Commission cannot prejudge the outcome of this investigation and, as the Honourable
Member will understand, can neither give any guarantees, nor propose any measures before the investiga-
tion has been concluded.

3.
The (cid:145)Transparency Directive(cid:146) Commission Directive 2000/52/EC of 26 July 2000 amending Directive
80/723/EEC on the transparency of financial relations between Member States and public undertakings (1),
obliges undertakings, which, on the one hand, provide services of general economic interest and receive
compensation for this in whatsoever form and, on the other hand, are also active outside these services, to
operate a system of separate accounts. However, this obligation does not apply to sectors already covered
by specific rules on transparency. As far as inland transport is concerned, such rules exist for undertakings
operating services subject to public service obligations (2) and also for railway undertakings in general (3).

Consequently, insofar as ABX-Logistics operates in a sector not covered by specific rules on transparency
and, in addition to its normal commercial activities, provides services of general economic interest for
which it receive compensation, it has to apply an accounting system in accordance with the (cid:145)Transparency
Directive(cid:146).

(1) OJ L 193, 29.7.2000.
(2) Council Regulation 1191/69 of 26 June 1969 on action by Member States concerning the obligations inherent in
the concept of a public service in transport by rail, road and inland waterway, (OJ L 156, 28.6.1969) as amended
by Council Regulation (EEC) No 1893/91 of 20 June 1991 (OJ L 169, 29.6.1991).

(3) Directive 91/440/EEC of 29 July 1991 on the development of the Community(cid:146)s railways, (OJ L 237, 24.8.1991).

(2001/C 151 E/140)

WRITTEN QUESTION E-3297/00

by Chris Davies (ELDR) to the Commission

(25 October 2000)

Subject: Tobacco advertising/sponsorship

Which Member States now prohibit the advertising of cigarettes:

(a) on television,

(b) at cinemas,

(c)

in newspapers and magazines,

(d) on roadside billboards?

What other Member States have announced that they will introduce such prohibitions and by what dates?

Which Member States have prohibited the sponsorship of sporting and cultural activities by tobacco
manufacturers, or have specified that such bans will be introduced?

Which Member States have introduced prohibitions, or have announced that they will introduce prohibi-
tions, on the giving of donations to political parties by:

(a)

tobacco manufacturers,

(b) any commercial organisation in secret?

C 151 E/126

Official Journal of the European Communities

EN

22.5.2001

Answer given by Mr Byrne on behalf of the Commission

(13 December 2000)

Article 6(2) of former Directive 98/43/EC of the 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) required Member States to communicate to the
Commission the main provisions of domestic law they adopt in the field covered by the Directive.

However, no Member State has made such communication. This did not entail an infringement of
Community legislation, as the deadline for compliance with the Directive was 30 July 2001. In these
in a position to provide the information requested by the
circumstances,
Honourable Member.

the Commission is not

Following the annulment of Directive 98/43/EC by the Court of justice on 5 October 2000, Member States
are no longer obliged to communicate to the Commission their legislation in the field of advertising and
sponsorship of tobacco products.

Council Directive 89/552/EEC of 3 October 1989 (2) as amended by Directive 97/36/EC of the Parliament
and of the Council of 30 June 1997 on the coordination of certain provisions laid down by law, regulation
or administrative action in Member States concerning the pursuit of television broadcasting activities (3)
lays down the legal framework for television broadcasting within the Community. It prohibits all forms of
television advertising for cigarettes and other tobacco products. In addition, television programmes may
not be sponsored by undertakings whose principal activity is the manufacture or sale of cigarettes and
other tobacco products. All Member States have implemented these provisions.

(1) OJ L 213, 30.7.1998.
(2) OJ L 298, 17.10.1989.
(3) OJ L 202, 30.7.1997.

(2001/C 151 E/141)

WRITTEN QUESTION E-3299/00

by Eryl McNally (PSE) to the Commission

(25 October 2000)

Subject: Generic Medicines

Generic medicines are playing an important role within EU public healthcare but in contrast to most of the
generic industries outside the EU, EU-legislation does not allow for experimental use and testing for
registration purposes. The European Parliament has asked for similar legislation which would mean saving
13 000 jobs in the EU and permitting it to be competitive.

The Commission in its Communication on the Single Market in Pharmaceuticals (COM(98) 588) com-
mitted itself to ensuring that consumers have access to lower-prices generic medicines as soon as possible
after the patent protection of the originator product expires.

What action is the Commission taking to introduce legislation to ensure that European generic manufac-
turers remain internationally competitive and that patients have access to affordable medicines?