REPORT on the joint text approved by the Conciliation Committee for a European Parliament and Council directive on general product safety
(C5‑0298/2001 – 2000/0073(COD))
25 September 2001 - ***III
European Parliament delegation to the Conciliation Committee
Rapporteur: Laura González Álvarez
PROCEDURAL PAGE
At the sitting of 15 November 2000 Parliament adopted its position at first reading on the proposal for a European Parliament and Council directive on general product safety (COM(2000) 139 - 2000/0073 (COD)).
At the sitting of 14 February 2001 the President of Parliament announced that the common position had been received and referred to the Committee on the Environment, Public Health and Consumer Policy (14614/1/2000 - C5-0045/2001).
At the sitting of 16 May 2001 Parliament adopted amendments to the common position.
By letter of 30 May 2001 the Council stated that it was unable to approve all Parliament's amendments.
Compromise proposals were considered at delegation and trialogue meetings on 14 and 19 June 2001.
An agreement was reached at the trialogue meeting, accepted by the delegation and confirmed by the Conciliation Committee as an "A point" at its meeting on 25 June 2001.
By letter of 5 July 2001 the Parliament informed the Council that it was necessary to extend the deadline for adopting the act, as laid down in Article 251(7) of the EC Treaty.
On 14 August 2001 the co-chairmen of the Conciliation Committee established that the joint text had been approved, pursuant to paragraph III.8 of the Joint declaration on practical arrangements for the new co-decision procedure,[1] and forwarded it to Parliament and the Council in all the official languages.
The report was tabled on 25 September 2001.
- [1] OJ C 148, 28.5.1999, p. 1.
DRAFT LEGISLATIVE RESOLUTION
European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a European Parliament and Council directive on general product safety (C5‑0298/2001 – 2000/0073(COD))
(Codecision procedure: third reading)
The European Parliament,
– having regard to the joint text approved by the Conciliation Committee (C5‑0298/2001),
– having regard to its position at first reading[1] on the Commission proposal to Parliament and the Council (COM(2000) 139[2]),
– having regard to the amended proposal (COM(2001) 63[3]),)
– having regard to its position at second reading[4] on the Council common position[5],
– having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2001) 376 ‑ C5-0297/2001[6]),
– having regard to Article 251(5) of the EC Treaty,
– having regard to Rule 83 of its Rules of Procedure,
– having regard to the report of its delegation to the Conciliation Committee (A5‑0313/2001),
1. Approves the joint text and confirms its statement thereon;
2. Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;
3. Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Communities;
4. Instructs its President to forward this legislative resolution to the Council and Commission.
EXPLANATORY STATEMENT
Background
1) On 29 March 2000 the Commission presented a proposal for a directive on general product safety. The purpose of the Directive is to revise and recast the Directive on general product safety 92/59/EEC of 29 June 1992 and to complete, reinforce and clarify some of its provisions in the light of experience, new and relevant developments and the changes made to the Treaty. The Directive aims at establishing at Community level a general safety requirement for any product placed on the market, or otherwise supplied or made available to consumers.
2) On 15 November 2000 the Parliament adopted 30 amendments at first reading. After that the Commission amended its proposal and the Council subsequently adopted its common position on 12 February 2001. On 16 May 2001, at its second reading, Parliament adopted 7 amendments dealing mainly with the safety of services, the precautionary principle and the exercise of the Commission's implementing powers.
Conciliation
3) The constituent meeting of the Parliament delegation was held in Strasbourg on 14 June and mandated the chairman of the Delegation, Mr IMBENI, the Committee chair Mrs JACKSON and the rapporteur Mrs GONZÁLEZ ÁLVAREZ to meet the Council in trialogue on 19 June.
4) At that meeting a compromise agreement was reached between the Council and the Parliament and the conciliation on this directive was opened and concluded as an “A point” at the Conciliation Committee of 25 June 2001.
5) The main points of the agreement reached can be summarised as follow:
- -Safety of services: the Commission will identify and report to the Council and the Parliament on the needs, possibilities and priorities for Community action on the safety of services before 1 January 2003, accompanied by proposals as appropriate;
- -Certification: appropriate independent certification is recognised as a facilitating instrument in proving compliance with applicable product safety criteria;
- -Comitology: for questions of security in the field of standardisation the regulatory procedure was maintained but the Commission will report every three years to the Parliament and the Council on its programmes for setting the requirements and the mandates for standardisation;
- -Precautionary principle: when taking measures on any product, any product that could pose risks in certain conditions, any product that could pose risks for certain persons, and in particular on any product that could be or is dangerous not yet introduced to the market or already in the market, the competent authorities of the Member States shall act in accordance with the Treaty and take due account of the precautionary principle.
Conclusion
The Delegation regards the end result of conciliation as satisfactory for Parliament. It therefore recommends that the House adopt the attached joint text at third reading.