John Attard-Montalto (PSE). – In view of the progressive cross-border movement of people, products and information it has become essential to achieve a common identification of the law applicable in non-contractual obligations. However, there appears to be a distinction with what is being proposed by the Commission and the opinion of the Committee on Legal Affairs.

The essence of this legislation is whether it can co-exist in harmony with existing national laws or it can supplant same. The Committee believes that national laws and what is being proposed will not hinder but enhance national laws.

A clear distinction has to be made and once there is general agreement of more uniformity then this legislation should be all-encompassing and it is important that the possibility of ambiguity of the applicable law is resolved.

It is apparent that there is a lacuna in the Rome Convention of 1980 and that subsequently entered into in Brussels, and whereas the applicable law arising from non-contractual obligations has been adequately tackled, the relevant disputes still need to be addressed in full.

The second important distinction relates to the content. There seems to be a different approach as to what non-contractual obligations should be included in the current legislation. Such issues as environmental ones are to be left to national legislation, whereas the original proposal had a wider scope.