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Europe Daily Bulletin No. 8315
Contents Publication in full By article 20 / 32
GENERAL NEWS / (eu) ep/tobacco

Legal committee proposes Parliament should restrict tobacco advertising ban to cases where it has significant crossborder effect

Brussels, 09/10/2002 (Agence Europe) - With the adoption of the report by Spanish Socialist Manuel Medina Ortega by a very large majority (28 for, 3 against and one abstention), the legal committee of the European Parliament proposes several substantial changes to the proposal of directive providing for a total ban on tobacco-related advertising and on the sponsoring activities linked to these products. The proposal, which follows cancellation of a 1998 directive, is based on Article 95 of the Treaty (harmonisation measures allowing the correct functioning of the internal market). The Court of Justice had justified its decision saying the legal base was inappropriate, and the European Commission decided to introduce a new proposal to amend this but keeping the provision for a total ban on direct and indirect advertising. In order to avoid further cancellation, the legal committee supported those who felt that harmonisation cannot be total and that the ban should be restricted to advertising media and situations that have significant crossborder impact. The amendments adopted on Tuesday therefore introduce the following limits: - Member States may approve advertising in publications specialised in the tobacco trade; - Member States that apply a total ban may not hamper the sale of written publications from other Member States that authorise tobacco advertising in written media, on condition that these are not publications openly intended for the market of the State that applies the ban; - the advertising of tobacco products as well as commercial information would remain authorised on the Internet; - on the radio, advertising and sponsoring would only be banned if these have a definite crossborder impact and are likely to entail competition distortion; - the same conditions would apply to the sponsoring of events and activities; - as far as indirect advertising is concerning, the use of a brand name to promote products other than tobacco (of the same brand) may continue; - and the sponsoring of automobile competitions may continue until 2006, in compliance with commitments taken by the international automobile sports federation with regard to the voluntary measures for restricting and gradually reducing amounts over this period.

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