Source: EURLEX
Language: en
Format: md

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

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# 91997E3357

**WRITTEN QUESTION No. 3357/97 by Ursula SCHLEICHER to the Commission. Indirect advertizing for tobacco** 
  
*Official Journal C 134 , 30/04/1998 P. 0146*

  

WRITTEN QUESTION E-3357/97 by Ursula Schleicher (PPE) to the Commission (22 October 1997)

Subject: Indirect advertizing for tobacco

It appears that the Council's 'Health' working party is currently working on a compromise proposal to ban tobacco advertizing. This proposal also provides for a ban on 'indirect' tobacco advertisements. This would affect advertisements for cosmetics, for example, which are marketed under the same brand trademark as cigars.

1. Is the Commission aware that a blanket ban on 'indirect advertizing' will have a detrimental effect on other products manufactured by the same firms, even though the advertising for such products - cosmetics, for example - does not in any way recall advertising for tobacco products?

2. Does the Commission realise that the version of the draft directive currently under discussion takes little account of the interests of manufacturers of diversification products?

3. Is the Commission aware that a ban on advertising for diversification products which do not in any way encourage the consumption of tobacco cannot be justified on health grounds and is therefore an infringement of Articles 30 and 59 of the EC Treaty?

4. What action does the Commission intend to take to ensure that only a proposal which is in conformity with the Treaty is adopted by the Council?

Answer given by Mr Flynn on behalf of the Commission (24 November 1997)

The position of the Commission is set out in its amended proposal ((OJ C 129, 21.5.1992. )), the intention of which, in particular, is to ensure that a ban is imposed on indirect forms of advertising, which while not actually mentioning the tobacco product, use trade marks, emblems, symbols or other distinctive elements associated with tobacco products.

The Commission will make known to the Parliament its point of view on the common position when it is adopted by the Council.

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