Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 91998E0862

**WRITTEN QUESTION No. 862/98 by Ursula SCHLEICHER to the Council. Implications of the ban on tobacco advertising** 
  
*Official Journal C 323 , 21/10/1998 P. 0087*

  

WRITTEN QUESTION E-0862/98 by Ursula Schleicher (PPE) to the Council (31 March 1998)

Subject: Implications of the ban on tobacco advertising

Does the directive mean that using the names or trademarks of tobacco products in any way for other products is in principle to be regarded as 'circumventing' the advertising ban?

If so, does this also apply in cases where names are coincidentally the same (e.g. 'St Moritz' is the name of a health resort and of a brand of cigarettes) and where the brand name of the non-tobacco product is older than that of the tobacco product?

If not, who decides or is required to prove that contravention is intentional?

Joint answer to Written Questions E-0856/98, E-0857/98, E-0858/98, E-0859/98, E-0860/98, E-0861/98 and E-0862/98 (13/14 July 1998)

As the Honourable Member is aware, following a detailed debate in second reading on 13 May 1998, the European Parliament approved the Council's common position on the Directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products without making any amendments to it. The Council consequently adopted the Directive at its meeting on 22 June 1998.

With particular reference to the questions raised by the Honourable Member, it should be emphasized that, when discussing the Commission proposal, the Council took great pains to produce a text which took into account both the efficient operation of the internal market and the requirements of ensuring a high level of health protection.

The reasoning which guided the Council's work on the proposal for a Directive was explained in detail in the recitals and in the statement of reasons which were sent to the European Parliament before its second reading. It will be for the Member States to adopt appropriate provisions to ensure that the Directive is so implemented as to enable the desired objectives to be attained.

The Council would remind the Honourable Member that it is for the Commission to ensure application of the measures adopted by the Institutions pursuant to the Treaty and that the Court of Justice is competent to interpret them and to ensure that they comply with the Treaty.

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