A4-0326/98

Proposal for a European Parliament and Council Directive amending Council Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (COM(97)0478 - C4-0503/97 - 97/0244(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 5

>Original text>

Whereas including primary agricultural products within the scope of Directive 85/374/EEC would help restore consumer confidence in the safety of agricultural products; whereas such a measure would meet the requirements of a high level of consumer protection;

>Text following EP vote>

Whereas including primary agricultural products within the scope of Directive 85/374/EEC would help restore consumer confidence in the safety of agricultural products; whereas such a measure would meet the requirements of a high level of consumer protection;

whereas it must be guaranteed in every instance that producers of agricultural inputs (seeds, plant-protection and fertilising agents, animal feed, etc) can be held liable for their products pursuant to Directive 85/374/EEC;

(Amendment 2)

ARTICLE 1(1a) (new)

Article 3(1) (Directive 85/374/EEC)

>Original text>

>Text following EP vote>

1a. Article 3(1) is replaced by the following text:

"1. 'Producer' means the manufacturer of a finished product, the producer of any raw material or the manufacturer of a component part and any person who, by putting his name, trade mark or other distinguishing feature on the product, presents himself as its producer. The raw materials of agricultural and forestry products also include seeds or other genetic material used in their production and fertilising and plant-protection agents and animal feed used in the production of agricultural and forestry products.¨

(Amendment 5)

ARTICLE 1(1b) (new)

Article 9(a) (Directive 85/374/EEC)

>Original text>

>Text following EP vote>

1b. Article 9(a) is replaced by the following text:

"(a) damage caused by death or by physical and/or mental injuries;¨

(Amendment 6)

ARTICLE 1(1c) (new)

Article 9(b) (Directive 85/374/EEC)

>Original text>

>Text following EP vote>

1c. Article 9(b) is replaced by the following text:

"(b) damage to, or destruction of, an item of property other than the defective product, provided that the item of property:

(i) is of a type ordinarily intended for private use or consumption, and

(ii) was used by the injured person mainly for his own private use or consumption.¨

(Amendment 13)

ARTICLE 1(1d) (new)

Article 11, 2nd paragraph (new) (Directive 85/374/EEC)

>Original text>

>Text following EP vote>

1d. The following paragraph is added to Article 11:

'If because of a hidden defect the damage does not occur until after the expiry of a period of 10 years, the rights conferred upon the injured person pursuant to this Directive shall not be extinguished until after the expiry of a period of 20 years from the date on which the producer put the product into circulation.¨

(Amendment 15)

ARTICLE 1(2a) (new)

Article 16(1) (Directive 85/374/EEC)

>Original text>

>Text following EP vote>

2a. Article 16(1) is replaced by the following:

"1. Any Member State may provide that a producer's total liability for damage resulting from a death or personal injury and caused by identical items with the same defect shall be limited to an amount which may not be less than ECU 140 million.¨

(Amendment 9)

ARTICLE 1(2b) (new)

Article 21 (Directive 85/374/EEC)

>Original text>

>Text following EP vote>

2b. Article 21 is replaced by the following:

'Every five years the Commission shall present a report to the European Parliament and the Council on the application of this Directive and, if necessary, shall submit appropriate proposals to them. With its next report the Commission shall submit, no later than the end of the year 2000, a proposal for a Directive amending this Directive with a view to a general revision of Directive 85/374/EEC being undertaken.¨

(Amendment 10)

ARTICLE 2(2a) (new)

>Original text>

>Text following EP vote>

2a. The Commission shall submit a report to the Council and to Parliament no later than 1 January 2002 on the application of this Directive to primary agricultural products and game and its impact on the agricultural sector and on the development of rural areas.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive amending Council Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (COM(97)0478 - C4-0503/97 - 97/0244(COD))(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(97)0478 - 97/0244(COD) ((OJ C 337, 7.11.1997, p. 54.)),

- having regard to Articles 189b(2) and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0503/97),

- 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 opinions of the Committee on Agriculture and Rural Development, the Committee on Economic and Monetary Affairs and Industrial Policy, the Committee on Legal Affairs and Citizens' Rights and the Committee on Fisheries (A4-0326/98),

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.