Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-06-14-Speech-3-126"

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"Mr President, with regard to the revision of the directive on the manufacture, packaging and sale of tobacco products, we have supported the rapporteur’s harshest amendments, because we are convinced that tobacco costs society a great deal and represents an even more serious danger to those who buy it than they realise themselves. At the same time, however, we feel sure that Article 95 of the Treaty, covering the harmonisation of rules for the internal market, on which this draft is based, is an improper legal basis. The purpose of the provisions that have been proposed is actually to protect public health, not to remove obstacles to the movement of products. Article 152 of the Treaty, which refers to public health, authorises the Community to encourage cooperation between Member States, but under no circumstances to adopt binding harmonisation measures, as such, as these are expressly rules out by paragraph 3(c). In such circumstances, we are well aware that the Commission, as is often the case, is currently using a praiseworthy cause – in this case, the anti-smoking campaign – in order to award itself new competencies, in spite of the wording of the Treaties and with no thought for subsidiarity. We have therefore voted in favour of the amendments to show that ultimately, we wanted to take a hard line, but at the same time, we urge the Council to turn the draft directive, pursuant to Article 152, into a recommendation that will encourage Member States to face up to their responsibilities. They are perfectly capable of doing so, and even if this national competence resulted in different consumer information rules in different countries, in line with their own culture, tobacco manufacturers would simply have to adapt to them. Unless we take this kind of action, it could be said that subsidiarity no longer has any meaning within the Community."@en1

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