Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-02-23-Speech-3-316"
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"Mr President, ladies and gentlemen, the proposal for a directive on unfair commercial practices was approved by Parliament at first reading on 20 April 2004. The directive provides for a general ban on unfair commercial practices and an indicative, non-exhaustive list of general and specific examples of unfair commercial practices. The key aim of this directive is to achieve a high degree of consumer protection, as the Commissioner pointed out, coupled with the smooth functioning of the internal market, in such a way as to favour commercial transactions and, therefore, economic growth.
I should like to give a final warning on a technical point, for which I apologise: since a number of issues have arisen during revision of the translation, the text to be considered authentic is the one approved by the Committee on the Internal Market and Consumer Protection (IMCO). I should also like to thank the first rapporteur, Mrs Ghilardotti, the Commission, the Council and my colleagues on the IMCO Committee for their fruitful collaboration, which, as has been mentioned already, led to the text being adopted unanimously.
The original text of the directive was based on harmonisation of consumer protection at a sufficiently high level on the one hand and application of the country-of-origin principle and mutual recognition on the other.
At first reading, Parliament introduced amendments aimed at improving the balance of the proposal, by adding further consumer protection elements. In this connection, Parliament proposed extending the legal basis, partly by inserting Article 153 of the Treaty, whereby Member States had the option to retain more stringent national provisions for five years after the directive’s entry into force. Parliament also added an obligation for the Commission to report to Parliament on the application of the directive every five years and to propose any necessary updating of the annex.
The most important amendments adopted by Parliament at first reading covered a wide range of issues, particularly the insertion of a definition of vulnerable consumers and codes of conduct, consumer participation in the drawing-up of the codes of conduct, as well as other amendments.
The common position which the Council sent to us was, of course, examined by the committee, and we decided in the first place to base ourselves solely on Parliament's amendments at first reading, above all so as to avoid reopening the debate on points already settled in the earlier discussions, which would have prolonged the time required.
On the country-of-origin principle in particular, which was omitted from the proposal, we believe it is no longer necessary to call for it to be included, in view of the level of harmonisation of consumer protection now achieved. It is important to note that the common position has incorporated many of Parliament's amendments, notably the definition of vulnerable consumers, the participation of consumers' associations in drawing up codes of conduct, and the inclusion of a definition of undue influence among aggressive practices.
The Council has also accepted Parliament's proposal for a derogation, extended from five to six years, for the application of legislation. We believe that the common position represents a satisfactory compromise, while also being aware that certain of the amendments from first reading aimed at significantly boosting consumer protection need to be reintroduced. Our intention was particularly to re-propose consumer protection provisions in the following areas: restricted after-sales guarantees; the right to exchange; products similar to those of another manufacturer designed to mislead the consumer; plus advertising directed at children. As regards the last point, the aim is not to outlaw advertising but to tighten the ban on commercial practices which could put children under undue pressure.
After a considerable number of amendments to the draft report had been tabled, we arrived at a compromise document which incorporated the most significant of them, upholding Parliament’s rights but also taking the Council’s common position into account. In particular, the Committee on Internal Market and Consumer Protection unanimously accepted amendments on the following points: taking social, cultural and linguistic factors into account in defining the average consumer for legal purposes; a ban on a trader claiming that a product has been approved by a public or private body when it has not; a ban on promoting sales by pretending to be just a consumer or a private vendor; and, lastly, it is considered unfair practice to create the false impression that the consumer has won something when the prize does not exist or is subject to the consumer paying money.
In conclusion, I consider that, subject to the slight changes proposed, this directive is worth adopting, since it will mark a step forward for both consumers and traders in the EU, in terms of a secure legal framework and the protection of the rights enshrined in the Charter of Fundamental Rights of the Union."@en1
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