WRITTEN QUESTION E-0984/00 by Bill Miller (PSE) to the Commission. Loi Evin Case.
28. 12. 2000 EN Official Journal of the European Communities C 374 E/197 (2000/C 374 E/231) WRITTEN QUESTION E-0984/00 by Bill Miller (PSE) to the Commission (31 March 2000) Subject: Loi Evin Case Commissioner Bolkestein has previously stated that the Loi Evin Case is being actively considered. Can he state who will be conducting these negotiations and does he undertake to report back to the Parliament on the outcome? (2000/C 374 E/232) WRITTEN QUESTION E-0985/00 by Bill Miller (PSE) to the Commission (31 March 2000) Subject: Loi Evin Case Commissioner Bolkestein has previously stated that the previous Commission decided that a non-statutory Code of Conduct is an appropriate means of dealing with National Legislation which infringes the single market. Will the Commissioner make the procŁs verbal of the meeting at which this decision was taken available to the Parliament? (2000/C 374 E/233) WRITTEN QUESTION E-0986/00 by Bill Miller (PSE) to the Commission (31 March 2000) Subject: Loi Evin Case Will Commissioner Bolkestein give an assurance that if these negotiations do not result in a solution which is compatible with the Treaty and which provides legal certainty to private interests, he will refer the matter to the European Court? Joint answer to Written Questions E-0984/00, E-0985/00 and E-0986/00 given by Mr Bolkestein on behalf of the Commission (3 May 2000) The Commission would reiterate that it is examining this case very carefully, not only because of the great concern in the Parliament but also because it is keen to ensure that the rules of the internal market are respected. The Commissionís main objective in this case is to ensure that the extra-territorial effects of the Loi Evin are compatible with Article 49 of the EC Treaty (ex Article 59), namely that they are proportionate to the objective of protecting public health, an objective which the Commission fully supports. In this respect, the Commission is of the view that the 1995 Code of Conduct could in principle be an adequate means to ensure that the requirement of proportionality is satisfied. However, the Commission takes the view that the French authorities need to further improve the Code with a view to limiting its application to a limited number of well defined cases and to ensuring that it provides greater legal security and predictability for all parties, including organisers of sports events in other Member States. The Commission intends to discuss these points in the near future with the French authorities. When the Commission reaches a final decision on this case this decision will be made public according to the normal procedures and the Commission would, of course, be pleased to answer any further questions Honourable Members may have