Sales policy should be designed to prevent black-market sales and ticket fraud.

– non-EU countries regularly criticise European labelling policy as far as the sales designation (for example, QWpsr, table wine with a GI and table wine), the use of optional indications, the reservation of bottle shapes and the policy on traditional terms are concerned.

Prohibiting the location clause may lead to situations in which powerful financial groups with a selective distribution agreement are free in all circumstances to open up sales or delivery outlets anywhere and to pursue a sales policy aimed at squeezing SMEs out of the market, which is ultimately not in the interests of freedom of choice for consumers.

(5) In the absence of uniform rules at Community level, obstacles to cross-border services and goods or the freedom of establishment might be justified in the light of the case-law of the Court of Justice as long as they seek to protect recognised public interest objectives and are proportionate to those objectives; in the light of Community objectives, of the provisions of the Treaty relating to free movement, of secondary Community law, and in accordance with the Commission’s policy on commercial communications , such obstacles can only be eliminated by establishing uniform rules at Community level and by clarifying certain legal conc ...[+++]epts at Community level to the extent necessary for the proper functioning of the Internal Market; other restrictions have been identified as requiring replacement by less restrictive measures; remaining restrictions relating to the use and communication of sales promotions should be submitted to the principle of mutual recognition of national legislation.

With regard to the Council’s second annual report, on implementing this Code of Conduct, the rapporteur himself welcomes the greater transparency and the convergence between Member States arms exports policies and the adoption of common principles by third countries. He also, however, highlights the need to go further, putting an end to illegal sales and exercising greater control over arms dealers’ fees and on the destination of arms.

However, an exception should certainly be made in the case of Shell and BP, for they have changed policy and do not just base their sales on fossil fuels which are damaging to the climate, rather they also invest in forms of energy that have future viability.