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 of the Council concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) no. 2006/2004 of the European Parliament and the Council (“Unfair commercial practices Directive”) amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2005-03-15
Institutions: European Commission
Subjects: approximation of laws, competition law, consumer protection, restriction on competition, single market

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.03.2005 
COM(2005) 96 final 

2003/0134 COD 

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 OF THE COUNCIL CONCERNING UNFAIR BUSINESS-TO-CONSUMER 
COMMERCIAL PRACTICES IN THE INTERNAL MARKET AND AMENDING 
COUNCIL DIRECTIVE 84/450/EEC, DIRECTIVES 97/7/EC, 98/27/EC AND 
2002/65/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL AND 
REGULATION (EC) NO. 2006/2004 OF THE EUROPEAN PARLIAMENT AND THE 
COUNCIL (“UNFAIR COMMERCIAL PRACTICES DIRECTIVE”) 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

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2003/0134 COD 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendment[s] 
to the Council's common position regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

concerning unfair business-to-consumer commercial practices in the internal market 
and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 
2002/65/EC of the European Parliament and of the Council and Regulation (EC) No. 
2006/2004 of the European Parliament and of the Council (“Unfair Commercial 
Practices Directive”) 

1. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is 
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second 
reading.  The  Commission  sets  out  its  opinion  below  on  the  amendments  proposed  by 
Parliament.  

2. 

BACKGROUND 

Date of transmission of the proposal to the EP and the Council 
(document COM(2003) 356 final – 2003/0134 COD): 

20 June 2003. 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

29 January 2004. 

Date of the opinion of the European Parliament, first reading: 

20 April 2004. 

Date of adoption of the common position 

15 November 2004 
qualified majority). 

Date of European Parliament opinion, second reading 

24 February 2005 

3. 

PURPOSE OF THE PROPOSAL 

This Proposal addresses barriers to the functioning of the internal market for retail goods and 
services  arising  from  fragmented  national  regulation  and  the  consequent  costs  and 

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uncertainties  for  businesses,  and  from  variable  consumer  protection  standards  which 
undermine consumer confidence. 

It  does  so  by  establishing  a  common,  EU-wide  framework  for  the  regulation  of  unfair 
business-to-consumer commercial practices (notably advertising and marketing) which harm 
consumers’ economic interests. The centrepiece of this framework is a general prohibition of 
unfair  commercial  practices,  based  on  common  criteria  for  determining  when  a  commercial 
practice is unfair. For extra legal certainty, this is supplemented by further elaboration of two 
key  types  of  unfairness,  misleading  and  aggressive  practices,  and  a  blacklist  of  practices 
which will always be unfair and are therefore prohibited up-front. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

4.1. 

Amendments accepted by the Commission 

The Commission can accept all 19 amendments adopted by the European Parliament in full. 
They  are  the  result  of  a  compromise  agreement  reached  between  the  European  Parliament, 
Council  and  Commission  during  the  second  reading.  The  amendments  are  in  line  with  the 
Commission’s  objectives  for  the  proposal  and  maintain  the  balance  of  interests  achieved  in 
the common position. 

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

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