WRITTEN QUESTION No. 1090/98 by Graham MATHER to the Council. Draft Directive on the approximation of laws, regulations and administrative provisions of the Member States relating to the advertising of tobacco products
C 323/112 EN Official Journal of the European Communities 21. 10. 98 (98/C 323/170) WRITTEN QUESTION E-1090/98 by Graham Mather (PPE) to the Council (6 April 1998) Subject: Draft Directive on the approximation of laws, regulations and administrative provisions of the Member States relating to the advertising of tobacco products Can the Council give details of the envisaged constitutional implications of the proposed Directive for the Member States, in particular in relation to civil liberties? As it stands, the draft Directive makes no reference to subsidiarity or conditionality. Can the Council confirm whether it considered these principles in elaborating its Common Position and explain the conclusions it reached? (98/C 323/171) WRITTEN QUESTION P-1256/98 by Paul Lannoye (V) to the Council (15 April 1998) Subject: Tobacco products In Article 6(3) of the common position of the Council on the proposal for a Directive on advertising and sponsorship of tobacco products, it is proposed that Member States should be permitted to continue to authorise sponsorship of áevents or activities organised at world levelí until 1 October 2006 at the latest. Can the Council confirm the interpretation that this formulation applies only to the activities of the International Automobile Federation? If not, to what other activities or events does it apply? Is not this formulation liable to lead to cases being brought before the Court of Justice on the grounds of possible discriminatory application? Joint answer to Written Questions E-1090/98 and P-1256/98 (6 July 1998) As the Honourable Members will be aware, on 13 May 1998, after detailed discussion, the European 1. Parliament approved on second reading the Councilís common position on the European Parliament and Council Directive on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products. The Council consequently adopted the Directive at its meeting on 22 June 1998. 2. The reasoning that guided the Council in the proceedings that led to the adoption of its common position were stated in detail in the recitals and in the statement of the Councilís reasons sent to the European Parliament before the second reading. The Council believes that this common position poses no problems regarding civil liberties and that it complies fully with the principles of subsidiarity and conditionality. 3. Finally, the Council would remind the Honourable Members that it is for the Commission to ensure that the measures taken by the institutions under the Treaty are applied and that the Court of Justice is competent to interpret them. (98/C 323/172) WRITTEN QUESTION E-1091/98 by Graham Mather (PPE) to the Commission (7 April 1998) Subject: Draft Directive on the approximation of laws, regulations and administrative provisions of the Member States relating to the advertising of tobacco products Has the Commission conducted an economic impact study in relation to this proposed directive, in particular in relation to the advertising industry and the world of sport and its related industries?