Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-11-29-Speech-4-046"
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"en.20071129.5.4-046"2
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"Mr President, I am delighted that the negotiations have produced such an excellent outcome. We support the compromise that is currently on the table. If you give your approval, ladies and gentlemen, we will be bringing the curtain down on two years of discussions that have clearly shown just how important this subject is for the European judicial area and the internal market. I would particularly like to congratulate the rapporteur, Mr Dumitrescu, whose efficient approach has been so helpful in achieving a successful outcome here, and also the shadow rapporteurs from all the political groups.
2007 has, I believe, been an important year for the Community harmonisation of private international law in the field of civil and commercial obligations. The Brussels I Regulation on jurisdiction, which covers both contracts and torts/delicts, will now be supplemented by the Rome II Regulation on the law applicable to torts/delicts, which resulted in the first conciliation procedure in the ‘justice and security’ sector in May this year, and by the Rome I Regulation.
The compromise found for Article 5 represents a step forward for consumers. The article is also compatible with the Brussels I Regulation, under which a consumer may not be prosecuted before courts other than those of his country of residence. I would also confirm that the Commission has undertaken to submit to the co-legislator, as part of the report on the application of the Rome I Regulation, studies on two important issues on which the compromise was unable to harmonise rules at Community level: the assignment of claims and insurance contracts. Here, appropriate measures are to be taken later, if they prove necessary. The general report will also cover Article 5 on consumer contracts, and particularly whether it is consistent with the rules of private international law applicable to consumer contracts. I would point out, however, that the report will not deal with substantive consumer law.
As regards insurance contracts, both the Commission and the Council have felt it necessary to issue a statement spelling out that the inclusion of special rules in the Rome I Regulation must not delay work on the Solvency II proposal. Parliament may also support this statement if it wishes.
To highlight its right of initiative in the area of external competences, the Commission has, as you know, issued a second statement, on recital 16b. I would point out that we intend to propose a horizontal mechanism allowing the Member States to conclude bilateral agreements with third countries in areas where there are Community responsibilities. The Commission has nevertheless accepted recital 16b to avoid preventing agreement at first reading.
Lastly, I would like to point out that we share Parliament’s views on the importance of alternative methods for resolving disputes concerning contracts concluded over the internet. This is why we have actively promoted the development of such methods, through the mediation directive and by setting up a European network to help consumers wishing to bring extra-judicial proceedings in another Member State.
I therefore hope that Parliament will today confirm the agreement negotiated with the Council so as to enable the Council to adopt Parliament’s amendments at its meeting next week on 6 and 7 December 2007."@en1
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