51998AP0334

A4-0334/98

Proposal for a European Parliament and Council Decision establishing a general framework for Community activities in favour of consumers (COM(97)0684 - C4-0077/98 - 98/0028(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Citation 3a (new)

>Original text>

>Text following EP vote>

Having regard to the Declaration by the European Parliament, the Council and the Commission of 6 March 1995 on the incorporation of financial provisions into legislative acts(

1),

(1) OJ C 102, 4.4.1996, p. 4.

(Amendment 2)

Recital 2a (new)

>Original text>

>Text following EP vote>

Whereas consumer confidence in products and services is essential to the smooth functioning of the internal market;

(Amendment 3)

Recital 4

>Original text>

Whereas the Community intends to give new impetus to its action in favour of consumers and their health in order to enable them to become a driving and innovatory force;

>Text following EP vote>

Whereas the Community

is committed to giving new impetus to its action in favour of consumers and their health in order to enable them to become a driving and innovatory force;

(Amendment 4)

Recital 4a (new)

>Original text>

>Text following EP vote>

Whereas the Luxembourg European Council¨s declaration on food safety recognises that everything must be done to restore public confidence severely shaken by the BSE crisis; whereas the general framework for activities in favour of consumers is essential to achieving this aim;

(Amendment 5)

Recital 11

>Original text>

Whereas the implementation of this general framework should make it possible to take better account of consumers¨ interests in the other policies of the Community, notably in the fields of public health, research and transport;

>Text following EP vote>

Whereas the implementation of this general framework should make it possible to take better account of consumers¨ interests in

all other relevant policies of the Community and must ensure the development of consumer participation in the standardisation process;

(Amendment 6)

Recital 13

>Original text>

Whereas a harmonised and neutral approach to matters related to the protection of consumers and their health is indispensable and as the Community has at its disposal the skills of the Joint Research Centre;

>Text following EP vote>

Whereas a harmonised and neutral approach to matters related to the protection of consumers and their health is indispensable;

whereas this general framework will provide the necessary financial support to ensure the provision of high quality, independent scientific advice, globally recognised risk assessment methods and effective control and inspection methods; whereas the Community also has at its disposal the skills of the Joint Research Centre;

(Amendment 7)

Recital 14a (new)

>Original text>

>Text following EP vote>

Whereas action under this framework will contribute to promoting the interests of consumers at international level;

(Amendment 8)

Recital 15

>Original text>

Whereas it is necessary to draw up a list of priority areas for Community action in order to help achieve maximum effectiveness throughout the planned period;

>Text following EP vote>

Whereas it is necessary to

evaluate past achievements and draw up a policy priority programme to implement this general framework in order to help achieve maximum effectiveness throughout the planned period; whereas this programme should include an action plan;

(Amendment 9)

Recital 15a (new)

>Original text>

>Text following EP vote>

Whereas maximum effectiveness of Community action is dependent on regular consolidation, review and updating of this general framework;

(Amendment 10)

Recital 15b (new)

>Original text>

>Text following EP vote>

Whereas the implementation of this general framework should contribute to the transposition into national law of, and monitoring of compliance with, existing Community legislation in the field of consumer protection;

(Amendment 11)

Recital 16

>Original text>

Whereas it is also necessary to strengthen the bodies and organisations that are active in the area of consumer protection so that they can be a more effective driving force for making consumers aware of the priorities set by the Community;

>Text following EP vote>

Whereas organisations that are active in the area of consumer protection

should also be given more opportunity to contribute actively to the definition of consumer policy;

(Amendment 12)

Recital 21

>Original text>

Whereas it is necessary to establish effective methods for evaluation and monitoring and to make provision for informing the target groups concerned in an appropriate way;

>Text following EP vote>

Whereas it is necessary to establish effective methods for evaluation and monitoring and to make provision for informing the target groups concerned in an appropriate

and systematic way;

(Amendment 13)

Recital 21a (new)

>Original text>

>Text following EP vote>

Whereas, immediately after ratification of the Amsterdam Treaty, the Commission will present a proposal to adapt this general framework to take into account the extended scope for action in the consumer protection field in the Treaty;

(Amendment 14)

Article 1(3), 1st subparagraph

>Original text>

3. This general framework of activities shall be established from 1 January 1999 to 31 December 2003. The financial allocation for carrying out the activities planned in this general framework shall be ECU 114 million for the whole period.

>Text following EP vote>

3. This general framework of activities shall be established from 1 January 1999 to 31 December 2003. The financial allocation for carrying out the activities planned in this general framework shall be ECU

130 million for the whole period.

(Amendment 15)

Article 2(a)

>Original text>

(a) actions taken by the Commission to support and supplement the policy conducted by the Member States, and to develop, update and monitor it;

>Text following EP vote>

(a)

actions taken by the Commission to support and supplement the policy conducted by the Member States, and to develop, update, monitor and enforce it;

(Amendment 16)

Article 4, 1st subparagraph (da) (new)

>Original text>

>Text following EP vote>

(da)

protecting the legal interests of consumers, their right to redress and access to justice.

(Amendment 17)

Article 5(3), 2nd subparagraph

>Original text>

In addition, the financial support may not, in principle, exceed 50% of the expenditure involved in carrying out the eligible activities.

>Text following EP vote>

In addition, the financial support may not, in principle, exceed 50% of the expenditure involved in carrying out the eligible activities.

Administrative costs related to the eligible activities shall be taken into account.

(Amendment 18)

Article 6(2a) new

>Original text>

>Text following EP vote>

2a. Unpaid work or donations in kind, if properly documented, may be taken into account, up to a level of 20% of total eligible costs, when assessing the association's revenue and costs.

(Amendment 19)

Article 8(1)

>Original text>

1. Each year, the Commission shall publish a note in the Official Journal of the European Communities describing the areas for funding and setting out the selection and award criteria and the procedures for application and approval.

>Text following EP vote>

1.

Each year, if possible before the end of July, the Commission shall publish a note in the Official Journal of the European Communities describing the areas for funding and setting out the selection and award criteria and the procedures for application and approval.

(Amendment 20)

Article 8(3), new subparagraph before the 1st subparagraph

>Original text>

>Text following EP vote>

3. Community assistance, or the first part thereof, shall be granted before the beginning of the implementation of the project selected by the Commission.

(Amendment 21)

Article 11a (new)

,

>Original text>

>Text following EP vote>

Article 11a

1. As soon as the Treaty of Amsterdam comes into force and the new priorities for consumer policy are adopted, the Commission shall submit to the Council and the European Parliament a complementary proposal for the adaptation of the objectives, activities and projects laid down in this Decision and their financing.

2. On the basis of this proposal, the budgetary authority shall adjust the financial allocation for this general framework of activities.

(Amendment 22)

Annex (1), 5th indent

>Original text>

- Measures relating to consumer products causing danger to consumers.

>Text following EP vote>

-

Measures relating to products and services causing potential danger and risks to consumers.

(Amendment 23)

Annex (1), 6th indent

>Original text>

- Dissemination of information about dangerous products and potential risks.

>Text following EP vote>

-

Dissemination of information about products and services and the potential dangers and risks associated with them.

(Amendment 24)

Annex (2), 3rd indent

>Original text>

- Measures to ensure a level playing field in consumers transactions, taking into account the impact of new technologies, and the development of financial services.

>Text following EP vote>

-

Measures to ensure a level playing field in consumer transactions, taking into account the impact of new technologies, the development of financial services and the impact of the euro.

(Amendment 25)

Annex (2), indent 3a (new)

>Original text>

>Text following EP vote>

- Measures to promote the transposition into national law of existing Community legislation in the field of consumer protection. and monitoring of compliance with that legislation.

(Amendment 26)

Annex (2), indent 3b (new)

>Original text>

>Text following EP vote>

- Measures to make consumers more aware of the possible benefits of the internal market and to encourage them to take more advantage of these benefits, particularly by means of comparative tests of the prices, product range and quality of goods and services in the various Member States.

(Amendment 27)

Annex (3), 1st indent

>Original text>

- Improving information to consumers about their rights and how to enforce them and raising awareness of manufacturers and consumers about safety aspects of products.

>Text following EP vote>

-

Improving information to consumers about their rights and responsibilities and how to enforce them and raising awareness about safety aspects of products and services.

(Amendment 28)

Annex (3), indent 1a (new)

>Original text>

>Text following EP vote>

-

Measures to encourage consumer access to and participation in the information society.

(Amendment 29)

Annex (3), indent 1b (new)

>Original text>

>Text following EP vote>

- Information to consumers concerning protection of privacy and personal data.

(Amendment 30)

Annex (3), indent 1c (new)

>Original text>

>Text following EP vote>

- Dissemination among producers and consumers of knowledge about product safety.

(Amendment 31)

Annex (3), indent 4a (new)

>Original text>

>Text following EP vote>

- Improvement of information and promoting consumer awareness of sustainable and environmentally sound patterns of consumption.

(Amendment 32)

Annex (4), 4th indent

>Original text>

- Pilot projects promoting sustainable consumption models, notably those that are environmentally friendly.

>Text following EP vote>

-

Pilot projects promoting sustainable consumption models, notably those that contribute to choice and encourage behavioural patterns that respect the environmental and social impact of consumption and disposal.

(Amendment 33)

Annex (4a) (new)

>Original text>

>Text following EP vote>

4a. Protecting the legal interests of consumers

>Original text>

>Text following EP vote>

- Improving common extra-judicial procedures.

- Development of, and support for, measures aimed at facilitating access to justice inside the courts.

>Original text>

>Text following EP vote>

- Measures to assess the specific risks and potential benefits for consumers in the information society including pilot projects to establish cross-border redress systems applicable to the information society.

>Original text>

>Text following EP vote>

- Measures to promote the protection of privacy and data protection.

>Original text>

>Text following EP vote>

- Development of an overall framework to regulate unfair marketing practices.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Decision establishing a general framework for Community activities in favour of consumers (COM(97)0684 - C4-0077/98 - 98/0028(COD))(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(97)0684 - 98/0028(COD) ((OJ C 108, 7.4.1998, p. 43.)),

- having regard to Articles 189b(2) and 129a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0077/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinion of the Committee on Budgets (A4-0334/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.