| Author (Person) | Davies, Eric |
|---|---|
| Publisher | ProQuest Information and Learning |
| Series Title | In Focus |
| Series Details | 22.11.02 |
| Publication Date | 22/11/2002 |
| Content Type | News, Overview, Topic Guide | In Focus |
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On 20 November 2002 Members of the European Parliament voted by 309 to 203 in favour of the European Commission's latest proposal to ban the advertising and sponsorship of tobacco products. The vote followed Parliament's First Reading of the 'tobacco advertising directive'; the text is expected to be discussed by Ministers at the Employment, Social Policy, Health and Consumers Council on 2 December. It is possible that a Common Position could be agreed, with the Directive being adopted during the first half of 2003. Member States would have to implement the new law by the end of July 2005. The current proposal was presented by the Commission in May 2001 following a ruling by the European Court of Justice (ECJ) in October 2000 that an earlier Directive (98/43/EC) was illegal. That Directive, which sought to impose a comprehensive EU-wide ban on tobacco advertising, was based on Article 95 of the EC Treaty which deals with harmonisation in the Single Market. Germany - the Member State which has the highest percentage of smokers in the EU (37%) and whose media industry derives considerable revenue from tobacco advertising - challenged the legal basis, arguing that it was a public health, not a Single Market issue. Article 152(4) on public health does not allow harmonisation of national laws. The ECJ upheld Germany's view and the Directive was repealed. Like its predecessor, the current proposal is also based on Article 95, but has a more limited objective - even though it will, if adopted, ban many forms of tobacco advertising and sponsorship. The proposed Directive seeks to harmonise Member States' national laws on tobacco advertising which, as they currently stand, are effectively a barrier to free trade. It would ban tobacco advertising in the press, on the internet and on the radio and would prohibit tobacco companies from sponsoring radio programmes and Formula One racing. Tobacco companies would, however, be allowed to advertise in cinemas, on posters, in publications intended exclusively for professionals in the tobacco trade and in those published and printed in third countries and not aimed principally at the EU market. Although BBC News Online reported European Commissioner for Health and Consumer Protection, David Byrne, as saying 'I hope we can have new legislation banning tobacco advertising in the press, on radio and on the internet up and running by this time next year', it seems certain that the new proposal will face opposition from tobacco companies, media companies and perhaps again from the German Government. Links: Eric Davies On 20 November 2002 Members of the European Parliament voted by 309 to 203 in favour of the European Commission's latest proposal to ban the advertising and sponsorship of tobacco products. |
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| Subject Categories | Business and Industry, Health |
