Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-11-18-Speech-1-084"

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"en.20021118.5.1-084"2
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"Mr President, measures taken by the European Union to combat the spread of smoking go back a long way, as do the legal wrangling and the case law of the Court of Justice and I think we should make sure we learn from these experiences. The proposed directive seeks to protect public health but takes the ban on the distortion of competition as its legal basis. This ambivalent situation needs to be borne in mind by everyone championing more effective ways of protecting health from the spread in the use of tobacco which, unfortunately, does not have its own article in the Treaty. It is therefore only logical that the new proposal should be more modest when it comes to protecting public health than the annulled directive, which also included indirect advertising. The Committee on Legal Affairs felt the ban needed a cross-border dimension, not just for sponsorship, but also for the press, in order to strengthen its validity. By definition, national advertising and sponsorships do not affect the internal market. The legal basis selected only allows advertising to be regulated where it impacts on the internal market. Consequently, printed matter circulating solely within the territory of one Member State has no cross-border effects and cannot create any obstacle to the internal market or serious distortion of competition. This is clear both from the proposed arrangements for event sponsorships and from the fact that the proposal for a directive makes no reference whatsoever to outside advertising of tobacco products or advertising in cinemas. We know that the Committee on Legal Affairs has expressed reservations about certain amendments from the purely legal standpoint. Mrs Hautala, on the other hand, is operating on a different wavelength altogether and has called for health protection arrangements to be strengthened. Given that no one here is against health protection measures, the bottom line is that the two sides have to calmly decide which amendments are needed in order to rescue this as a valid directive."@en1

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