OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL ON GENERAL PRODUCT SAFETY AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

1. Procedure

- Adoption of the proposal by the Commission : 29 March 2000 [1]

[1] COM (2000) 139 final/2 - 2000/0073 (COD) of 15 June 2000.

- Opinion of the Economic and Social Committee: 20 September 2000 [2]

[2] CES 2000/1008 of 20 September 2000.

- Opinion of the European Parliament at first reading: 15 November 2000 [3]

[3] A5/2000/0309.

- Date of political agreement in Council: 30 November 2000 (unanimity)

- Date of forwarding of the Commission's amended proposal: 2 February 2001 [4]

[4] COM (2001) 63 final of 2 February 2001.

- Formal adoption of the common position by the Council: 12 February 2001 [5]

[5] Official Journal C 93, 23/03/2001, p. 0024.

- Communication from the Commission concerning the common position: 14 February 2001 [6]

[6] SEC (2001) 244 of 14 February 2001.

- Adoption by Parliament of the Recommendation for a second reading: 16 May 2001 [7]

[7] A5-0133/2001.

2. Objective of the directive

On 29 March 2000, the Commission adopted a proposal for a directive aimed at revising and recasting Council Directive 92/59/EEC of 29 June 1992 on general product safety [8]. The proposal introduces clearer and more effective rules to ensure that only safe products are placed on the market.

[8] Official Journal L 228, 11/08/1992, p. 0024 - 0032.

3. Commission opinion on the amendments proposed by Parliament

The Parliament adopted on 16 May 2001 (second reading) seven amendments to the Council common position.

The Commission accepted, in full or in part, five of those amendments under condition of appropriate redrafting, but rejected the others.

In this opinion, the Commission adopts a position on Parliament's amendments in accordance with Article 251(2)(c) of the EC Treaty.

3.1. Amendments accepted by the Commission

Amendment 1 relates to Recital 1 of the Common position and concerns the presentation by the Commission of proposals on the safety of services.

When the common position was adopted in the Council (12.02.2001) the Commission stated its intention to identify the needs, possibilities and priorities for Community action in respect of the safety of services and the responsibility of service providers, and to make appropriate proposals in this field. The Commission work programme 2001 also makes reference to this. Therefore this amendment can be accepted, but in a reworded version (Recital 1, last sentence: "This recasting leaves the safety of services outside the scope of this Directive, since the Commission intends to identify the needs, possibilities and priorities for Community action on the safety of services and liability of service providers, with a view to presenting appropriate proposals.".

Amendments 4, 5 and 10 call for the setting up of an Advisory Committee (instead of a Regulatory Committee, as foreseen in the common position) for both the establishment of standardisation mandates and the setting of the safety objectives for such mandates. The Commission can accept these amendments.

Amendment 7 introduces in Article 8 a reference to the precautionary principle as a guiding principle that the competent authorities of the Member States should comply with, when they take the measures provided for in Article 8(1).

The amendment of the Parliament could be accepted, but in a reworded version (Article 8(2): "When the competent authorities of the Member States take measures such as those provided for in paragraph 1, in particular those referred to in (d) to (f), taking account of the precautionary principle where appropriate, they shall act in accordance with the Treaty, and in particular Articles 28 and 30 thereof, in such a way as to implement the measures in a manner proportional to the seriousness of the risk.".

Indeed, the precautionary principle may be relevant when there is scientific uncertainty. Nevertheless, a reference to the precautionary principle should be put into the context of the purpose of the relevant provision, namely the respect of the Treaty.

3.2. Amendments rejected by the Commission

Amendment 3 adds a new paragraph to Article 3 that aims at introducing a reference to independent certification as means of proving compliance with the safety requirements of the Directive.

In accordance with the provisions laid down by the Directive, external certification should only facilitate the assessment of compliance, and not function as proof of compliance.

Amendment 11 is formulated as an obligation to the Commission, to be included in Art. 19 (a), to present proposals concerning the safety of services by a certain date.

Such an amendment cannot be accepted as it would affect the Commission's right of initiative.

4. Conclusion

In accordance with Article 250 (2) of the Treaty, the Commission is altering its proposal as indicated above.