Source: EURLEX
Language: en
Format: md

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

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# 91998E0858

**WRITTEN QUESTION No. 858/98 by Ursula SCHLEICHER to the Council. Implications of the ban on tobacco advertising** 
  
*Official Journal C 323 , 21/10/1998 P. 0086*

  

WRITTEN QUESTION E-0858/98 by Ursula Schleicher (PPE) to the Council (31 March 1998)

Subject: Implications of the ban on tobacco advertising

The directive explicitly does not apply to advertising at sales outlets, presentation or the indication of prices. The Member States may therefore lay down their own rules on these aspects. Does this apply only to tobacco products themselves or - especially - to non-tobacco products with the same brand name?

Similarly, the directive does not apply to tobacco advertising in third-country publications.

1. Does this mean that the Member States are free to permit such advertising or to prohibit it and so to erect new trade barriers?

2. Does this arrangement also apply to the advertising of non-tobacco products?

How consistent with the provisions of Article 100a(4) of the EC Treaty is the right granted in the directive to the Member States to lay down stricter requirements?

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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