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23 March 2009

Please find below this week's main EU regulatory developments related to advertising.

Please don't hesitate to contact us should you require any further information.

Kind regards,
Malte

Energy labelling

EP Committee calls for energy labelling in advertising

On 9 March 2009, the European Parliament Committee on Environment and Public Health (ENVI) adopted a draft report which suggests extending legal requirements for energy labelling to all advertising of household appliances and other “energy-related” products.
The report responds to the Commission’s proposal to amend the EU’s Energy Labelling Directive. This sets out a series of requirements for the labelling of household appliances (refrigerators, freezers, washing machines, driers, dishwashers, ovens, lighting sources), including an “A-G” energy efficiency rating label.

The aim of the Commission’s proposal is to extend the scope of the Directive to cover all “energy-related products”, (i.e. those products that have an impact on energy consumption during use). The types of products included in this definition would be decided subsequently by the Commission and Member States through product-specific legislation. Although the most immediate plans are for products such as windows, insulation materials and showerheads, the intention is for future EU legislation to cover all energy-related products in the household, commercial and industrial sectors.

The draft EP report would extend the environmental labelling requirements (currently for product packaging and on point of sale literature) to all advertising which discloses technical specifications for products.

Next steps: The draft report will be submitted to a vote by the EP Plenary during the session of 21-24 April.

WFA Priorities:

WFA is working with industry partners to seek a review by the EP Plenary of this disproportionate requirement for advertising to carry energy-related information.

Television Without Frontiers

EU Commission warns Estonia to apply TV advertising rules

On Thursday 19 March 2009, the European Commission warned Estonia against possible breaches of EU rules on television advertising. The Commission claims Estonian broadcasters are frequently exceeding the maximum 12 minutes of advertising per hour authorised by the EU’s Television Without Frontiers (TWF) Directive.

A report carried out by independent experts at the request of the Commission revealed that Estonia interprets "spot advertising" too narrowly and does not use a correct definition of "sponsorship messages". The Commission has sent a letter of formal notice, which is the first of three steps in an infringement procedure under the EC Treaty.

"The commonly agreed rules of the game for advertising on European TV have to be respected by everyone in Europe, in the interest of fair competition and to ensure that TV programmes are not excessively interrupted," saidViviane Reding, the EU's Media Commissioner. "Sponsorship messages are designed to inform the viewer, but not to place more advertising than is allowed under European law".

Next steps:

The Estonian authorities have two months to comply with EU legislation or provide evidence that their application of EU law is adequate. Past that deadline, and should the Commission not be satisfied with Estonia’s response, it may launch infringing procedures before the European Court of Justice.

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