As we know, the previous directive was brought down by the European Court of Justice on the grounds that it covered forms of advertising which had no trans-national implications and therefore exceeded its legal basis under Article 95 of the European Union Treaty. The present directive is being brought forward to take account of the Court's decision, and it is narrower in scope, but it is hoped that it strikes a balance between complying with internal market rules and the need for a high level of public health protection. On a national basis we can be even more determined than the directive is.