Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-12-11-Speech-1-048"
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"en.20001211.3.1-048"2
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". – Mr President, ladies and gentlemen, I would like briefly to deal with the consequences of the ruling of the Court of Justice of the European Communities in Case C376/98 on the directive concerning the manufacture, presentation and sale of tobacco products, currently in second reading before this Parliament.
Firstly, given the clear internal market objective to regulate the free movement of tobacco products in the Community, Article 95 of the Treaty constitutes the appropriate legal basis for this proposal. Secondly, there is no doubt that a better motivation of the effects of this provision on the internal market will strengthen it. In particular, there is a need to reinforce the motivation of the provisions of Article 3 on carbon monoxide maximum authorised yields in the recitals of the directive. They should better reflect how they aim to eliminate obstacles to the free movement of goods or distortions of competition.
Finally, in relation to Article 3, allowing manufacture in the European Union only of products respecting this directive amounts to an export ban for products with higher tar, nicotine or carbon monoxide levels. The European Parliament has therefore proposed to add Article 133 dealing with the common commercial policy to Article 95 as the legal basis. The Commission could agree to this solution subject to the insertion of a specific article in the text of the directive which would explicitly regulate exports as such. This would be the case, for example, of an amendment on the transitional period to be applied to exports of cigarettes not complying with Article 3 of the directive."@en1
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