WRITTEN QUESTION E-2676/02 by Paul Rübig (PPE-DE) to the Commission. Follow-up to the Green Paper on consumer protection.
Date: 2002-09-24
Institutions: European Parliament, Provisional data
Subjects: approximation of laws, competition, consumer protection, directive (EU), mutual recognition principle, restriction on competition

6.3.2003

EN

Official Journal of the European Union

C 52 E/197

work in the client firm. All workers in the same workplace, doing identical or similar work and with
equivalent qualifications, must be treated equally, irrespective of which company employs them.

This text is currently being discussed in the Council and Parliament and is to be adopted under the
codecision procedure.

(1) OJ L 206, 29.7.1991.
(2) OJ C 203 E, 27.8.2002.

(2003/C 52 E/218)

WRITTEN QUESTION E-2672/02

by Mary Banotti (PPE-DE) to the Commission

(24 September 2002)

Subject: Care hire in EU for over-70s

It has been brought to my attention that citizens of the European Union over the age of 70 are having
difficulty in hiring cars in the European Union. What measures will the Commission take to ensure that
such discrimination is brought to an end immediately and what penalties, if any, can be imposed on car
hire companies who continue with this discriminatory practice should such a practice be contrary to EU
law?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(28 October 2002)

that on 27 November 2000 the Council adopted Directive 2000/78/EC
The Commission recalls
establishing a general framework for equal treatment in employment and occupation (1). The Directive
prohibits discrimination on grounds of, inter alia, age,
including the use of age limits which are not
objectively and reasonably justified by a legitimate aim, and if the means of achieving that aim are not
appropriate and necessary. The Member States have until 2 December 2003 to transpose the requirements
of the Directive into national law.

However, the material scope of this Directive is restricted to the field of employment and does not cover
equal treatment in access to goods and services as in the case raised by the Honorable Member. Neither
this Directive nor any other instrument of Community law prevents car hire companies from providing
differential treatment according to age. Persons who feel they have been discriminated against in such
circumstances must therefore seek redress under any national law which may exist.

(1) OJ L 303, 2.12.2000.

(2003/C 52 E/219)

WRITTEN QUESTION E-2676/02

by Paul Rübig (PPE-DE) to the Commission

(24 September 2002)

Subject: Follow-up to the Green Paper on consumer protection

In June 2002, the Commission published its ‘Follow-up communication to the Green Paper on EU
Consumer Protection’ (1) which envisages the development of a framework directive on unfair commercial
practices.

The Commission, however, would confine the prospective framework directive to ‘business to consumer’
(B2C). It proposes a general clause consisting of the establishment of the unfairness of a commercial
practice and a ‘consumer detriment test’. By confining the directive to B2C, different unfairness criteria will

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ensue for B2C on the one hand and ‘business to business’ (B2B) on the other, which will, moreover,
continue to be regulated at national level. For each segment of the B2C sector which would not be covered
by the framework directive, the principle of mutual recognition would also apply.

The Commission also makes it clear that the prospective framework directive would be a directive laying
down minimum requirements which the Member States could make more stringent.

How does the Commission intend to counteract this development which, from a business viewpoint and in
terms of the single market, is potentially detrimental? How will the framework directive contribute to
greater legal certainty and creating uniform terms of competition? From a commercial viewpoint, will the
proposed approach remove barriers in the internal market and make the legal situation clearer?

(1) COM(2002) 289 final.

Answer given by Mr Byrne on behalf of the Commission

(24 October 2002)

The Commission set out in the Green Paper on Union Consumer Protection (1) ideas on the harmonisation
of national laws on fairness of commercial practices in the internal market. The follow-up Communication
‘A framework directive should bring about … maximum harmonisation [and] application of the
says,
principle of mutual recognition and control by the country of origin (internal market principles).’ It is
therefore not appropriate to say that a possible framework directive would only lay down minimum
requirements that the Member States could make more stringent.

Furthermore, the Commission’s position is underlined in part III of the annex to the Communication on
page 19 ‘The combination of an adequate level of harmonisation and the principles of mutual recognition
and country of origin (which should be enshrined in the framework directive) will have as a consequence
that divergent interpretations in jurisprudence at national level will not result in the fragmentation of the
internal market.’

The ideas for a possible framework directive would address the Honourable Member’s concerns that
legislation in this area increases legal certainty, creates uniform terms of competition and removes barriers
to trade in the internal market.

As regards the scope of a possible framework directive the Commission does not propose to cover all
business-to-business (B2B) issues as the need for such coverage has not been widely expressed in the
consultation following the Green Paper.

Finally, the Commission can confirm its intention to propose that the principle of mutual recognition be
applied in the area of fair commercial practices to B2C aspects not harmonised by a possible directive. The
purpose of the consultation is to seek views on the issues that require harmonisation and those that can be
dealt with in accordance with the principle of mutual recognition.

(1) COM(2001) 531 Final.

(2003/C 52 E/220)

WRITTEN QUESTION E-2682/02

by Paulo Casaca (PSE) to the Commission

(24 September 2002)

Subject: Nitrates directive

The Commission has produced an excellent, but very worrying, report on the implementation of Council
Directive 91/676/EEC (1) concerning the protection of waters against the pollution caused by nitrates from
agricultural sources (2).