Economic and Social Committee: Publication of Opinion on the Green Paper on Commercial Communications in the Internal Market

IRIS 1997-3:1/7

Ad van Loon

European Audiovisual Observatory

In IRIS 1996-5: 6 we reported on the publication of the European Commission's Green Paper on commercial communications in the Internal Market. On 27 November 1996, this Green Paper was discussed in the Economic and Social Committee, which adopted an Opinion on it, which was published on 3 March 1997. The Economic and Social Committee finds that the Green Paper makes constructive proposals to improve the functioning of the Internal Market. Furthermore, it welcomes the suggestion that the Member States should notify the Commission and other Member States of their legislative initiatives affecting commercial communications. In its Green Paper, the Commission outlines a framework for a methodology to be used in the assessment of whether national legislative or regulatory measures affecting commercial communications are appropriate and in proportion to the aim pursued. The Economic and Social Committee agrees that a comprehensible and agreed assessment procedure would reduce the ambiguity an/or uncertainty which prevails in its absence. The Green Paper proposes to establish a committee with representatives drawn from the Member States, to advise the European Commission. The Economic and Social Committee regards this idea as useful, in principle, since it would facilitate and promote the exchange of information on current and new developments affecting commercial communications. According to the Committee, if the proposed Community-wide consultative committee prove effective, it will reinforce the pragmatic efforts to give an acceptable basis for the Internal Market in Commercial Communications. However, if it proves inadequate, the the Commission, according to the Economic and Social Committee, may have to consider complementary legislative action.

At the end of this month, the European Commission will complete the process of consultation with interested parties. More than 300 replies to the Green Paper were received by the Commission, which will be reported upon before summer. The European Parliament is expected to give its opinion in May. It is also expected that the Green Paper will be discussed in the Internal Market Council meeting of May. The Commission plans to establish the proposed consultative committee on commercial communications, befor the end of the uear. EUROPE daily bulleting of 27 February 1997 has published a overview of reactions to the Green Paper by some of the major players in the field of commercial communications in Europe.


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This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.