According to Koen Doens, Head of the Spokespersons’ Service of the European Commission (via Twitter):
@BrunoBrussels Since common sense hasn’t prevailed before, it’s best to enshrine it in law.
— Koen Doens (@ECspokesKoen) December 11, 2011
He was referring to a presentation in the European Commission’s website and (first 5 pages of 9) below: