Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-11-18-Speech-1-095"
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"en.20021118.5.1-095"2
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"Mr President, while I listened to the Commissioner as carefully as I always do, in my mind was the thought that this is another case of a never-ending conflict between our desires and our capabilities. Indeed, it is easy to let emotions take over when we discuss matters such as this, but I would remind you that this is a legislative House and that we have to respect the rules we make. I therefore agree with the position expressed by Mr Medina Ortega in the conclusion to his speech to the effect that, when we draw up the new version of the Treaties, we must reflect once and for all on the European Union’s competences in this field. The lengthy analysis in the Committee on Legal Affairs and the Internal Market was a very serious process. With the first advertising directive having been annulled, the second proposal, although less comprehensive, is still wide-ranging and, in our opinion, it still leaves ample room for further recourse to the Court of Justice. In terms of primary law, the draft presented does not fully respond to the issues arising from the Court decision.
I feel that, if we are to do the job properly, two minutes are not enough to go into the complexities of legal issues. I will therefore limit myself to two very brief points. The first concerns the prohibition on advertising in the press, with regard to which the general statement deriving from the decisions of the Court of Justice on the advertising of tobacco products to the effect that a ban on advertising can be contemplated, in principle, on the basis of Article 95, should probably be understood according to the very narrow Court interpretation of the Community’s competences in the area of the internal market and not as a kind of
for the issue of a general ban on the advertising of tobacco products in the press. This is as the current legislation stands.
The second point is the ban on Internet advertising. As regards the ban on tobacco advertising through information society services, it is difficult to perceive
any potential future barriers to the freedom to provide services or distortions of competition. At best, such a ban can be based on the need to avoid the possibility of a further ban, and at this point, this means that the principles of Community competence and responsibility are being overturned and reduced to competences in principle, and that is extremely dangerous from a legal point of view."@en1
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