Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-06-11-Speech-2-199"
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". – Mr President, the Green Paper on consumer protection which was adopted by the Commission in October 2001 put forward a number of options and questions on the future of EU consumer protection policy. It suggested in particular the idea of adopting a framework directive on fair commercial practices. It also suggested developing a legal instrument for cooperation between enforcement authorities.
The follow-up communication also provides for the setting up of an expert group. The main task of this group would be to identify the common ground between national systems and the barriers to the internal market for business and consumers. It should also seek to identify the level of harmonisation needed to ensure a high level of consumer protection and completion of the internal market with the inclusion of a mutual recognition clause.
I also hope that the group will be able to find simplified solutions to consumer protection problems, although not at the cost of effective protection. Codes of conduct and the use of guidance both have a role to play here. I hope we can develop legislation that focuses on the fundamental issues. It should set benchmarks for the desired outcomes for consumers. Procedural and prescriptive rules should be avoided where possible to ensure legislation does not become obsolete.
In parallel to the work of the expert group, my services will make arrangements for consultation with stakeholders on the same issues. We will organise meetings in Brussels for EU organisations.
I hope, therefore, that the follow-up communication will provide a sound basis for moving towards a proposal for a framework directive that can command widespread support and confidence. Such a directive will be both a genuine boost for competition in the internal market and also demonstrate to EU citizens the practical and useful role the EU can play in their daily lives.
I hope that the proposed method of consultation will enable the Commission to fully understand the different nuances of the national rules on fair trading and build a consensus on a workable framework directive.
The task ahead should not be underestimated. The encouraging response to the Green Paper, however, gives confidence that we can achieve it. The consultation showed clear support for the ideas in the Green Paper on enforcement cooperation. I believe that we now have a clear political mandate to proceed on the basis of a legislative proposal in this area. In this context, I would like to stress my commitment to producing a proposal on enforcement cooperation in the near future, hopefully before the end of this year.
I regret that Parliament has not yet expressed an opinion on the Green Paper. However, I should add that I do not see this as a particular problem. The follow-up communication is itself on a further stage in the consultation process. It provides a more detailed set of ideas. I therefore look forward to the European Parliament's opinion on both the Green Paper and the follow-up communication. I can assure you that the views of Parliament will play a very important part in the Commission's deliberations at the legislative stage. I look forward to discussing this issue with you in greater detail in the months to come.
The public consultation launched by the Green Paper received a very wide response from business, consumers and national governments. The response gives the Commission clear support for developing a proposal for a framework directive. In particular, a very large majority of the Member States supported this option. The Council has called on the Commission to follow up the Green Paper as a matter of priority.
However, there was a general feeling amongst those who supported the idea and those who, on balance, did not, that more information, clarification and consultation was needed on the content of a framework directive. The basic structure of a framework directive outlined in the Green Paper was broadly accepted. We have therefore decided that the best approach would be to embark on a further round of consultation on the substance of a framework directive before moving on to the stage of making proposals.
The follow-up communication adopted today by the Commission responds to this need for further consultation. It summarises the results of the consultation, draws policy conclusions and sets out an action plan for further consultation. For the sake of transparency and in order to structure the debate with the Member States, an outline of a possible framework directive on fair commercial practices is attached to the communication.
This is not intended to be a draft proposal; rather it is the first in a series of working documents designed to clear the ground and provide some much needed structure and form to what has been up to now a somewhat confused debate.
Let me try and set out what a framework directive would do. It would set the standards that business will have to meet when dealing with consumers. Consumers should have the information they need to take informed decisions. They should be protected from rogue traders who seek to mislead and harass them through dishonest advertising and marketing. The framework directive will contain a general clause prohibiting unfair commercial practices detrimental to consumers.
The general clause will be supplemented by specific rules covering the various categories of unfair commercial practices both before and after sale. These categories range from misleading advertising and aggressive marketing methods to failure to provide after-sales customer assistance and effective complaint handling. A non-exhaustive list of examples could be attached to the directive in order to illustrate the scope of the general clause and how the specific rules work in practice.
My intention is that we develop legislation that focuses on the fundamental issues. Business should then be left free to apply to the principles of the framework directive in their area of competence through effective codes of conduct.
The Commission could also develop non-binding guidance to reduce the risk of divergent interpretations of the framework directive at national level. It goes without saying that such guidance cannot change the democratically approved legislation. The strong role of Parliament in the legislative process will in no way be undermined."@en1
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