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Speeches, Interviews

25.01.2006

Presentation of the Presidency Programme by Federal Minister Ursula Haubner, European Parliament, Committee on Internal Market and Consumer Protection (IMCO)


(check against delivery)

 

Madam Chairman, ladies and gentlemen,

 

I am pleased that today we have the opportunity at an early stage in the Austrian Presidency of the Council to exchange views on current and proposed activities in the area of consumer protection.

Constructive cooperation between our institutions is a basic prerequisite for making swift progress on outstanding issues and bringing them to a successful conclusion.

As the Minister responsible for consumer protection, I would summarise the main projects falling within my Ministry's remit during the Austrian Presidency of the Council as follows:

During its Presidency, Austria will continue work on two important consumer protection dossiers – the proposal for a Programme of Community Action in the field of Health and Consumer Protection (2007-2013) and the proposal for a Directive on credit for consumers.

Progress in discussions on the Programme of Action are closely connected with the financial perspective.

The Conference of Presidents of the European Parliament has expressed a wish to divide the Programme of Action into a Programme of Action for Health and a Programme of Action for Consumer Protection, and has referred it to two committees, the Committee on the Environment, Health and Food Safety and the Committee on the Internal Market and Consumer Protection. The respective drafts of the two rapporteurs clearly reflect this position.

A number of Member States have to date expressed considerable reservations in the Council concerning the amalgamation of the two programmes, constantly emphasising that the transparency of budgetary resources and separate treatment of the substantive areas must be adequately guaranteed.

Please allow me at this point to raise certain matters that are of significant concern to the Parliament. I would emphasise that it is my impression that the positions of the Council and the Parliament are basically converging. Obviously, this is not intended to prejudge the discussion in the Council.

Giving the area of consumer protection its own budget heading will provide greater security and more transparency.

I would like to emphasise in particular the aim of mainstreaming consumer interests in other Community policy areas.

Consumer policy is a horizontal issue and cannot be confined to individual aspects: it must feed into all areas of consumers' lives.

The Parliament's proposal to extend the Programme of Action to encompass knowledge based aspects also seems to me to be well worth discussing, as this can improve understanding of demand, consumer behaviour and market conditions.

Furthermore, in her draft report Ms Thyssen stresses that greater account must be taken in the Programme of Action of the new Member States, the elderly and disadvantaged consumer groups.

I also consider this approach especially important, above all with regard to future discussions at Council level.

I should like to conclude by underlining the fact that the Austrian Presidency will seek to reach political agreement in the Council as swiftly as possible so that the Community can continue to pursue an effective consumer policy.

The second priority will be to continue negotiations on the proposal for a Directive on consumer credit.

The Commission recently submitted the amended proposal and a general debate was conducted under the UK Presidency.

The Austrian Presidency will examine the amended proposal in detail in order to explore the various possibilities for working out a compromise proposal. Austria will be at pains to ensure that the discussion is conducted thoroughly and rapidly.

The Presidency is keen to achieve a compromise that can lead to an increase in the cross-border provision of consumer credit with guaranteed higher consumer protection standards. This will also promote the functioning of the internal market.

As far as can be anticipated at present, the central points for discussion, some of which are very controversial, are the following:

First of all, scope:
The removal of hedging operations has certainly helped to defuse the debate to some extent. On the other hand, additional maximum amounts will increase the need for discussion. It should be assumed that the scope will attract somewhat more attention in the discussion.

As second main discussion item, I would mention Article 21, which provides for maximum harmonisation and for the principle of mutual recognition for some areas. Maximum harmonisation will complicate the discussion of those provisions where wide regulatory differences exist between Member States, for example in the area of early repayment.

There are some Member States where indemnity in the case of early repayment is the current practice or is permitted. Others, however, prohibit any indemnity for the consumer.

As regards maximum harmonisation, the European Parliament, in its opinion at first reading, also favoured Member States being able to promote or adopt regulations that were more consumer friendly.

The principle of mutual recognition as the second important element of Article 21 will be another highly controversial point. The Council is currently examining this aspect in detail, especially from the legal perspective.

The last point which I should like to mention briefly is the right of withdrawal laid down in Article 13. Here too, Member States hold widely differing views.

However, as regards the proposal for a Directive on consumer credit, let me finish by emphasising yet again that the Presidency will strive in close cooperation with the European Parliament to take the negotiations forward and work towards a constructive and appropriate outcome for consumers and thus for the internal market.

I should now like to give you a brief outline of three events connected with consumer protection that will take place during the Austrian Presidency:

1. "Effective legal protection - injunctions and class actions as instruments for consumer protection"
A conference of experts on the theme "Effective legal protection" will take place in Vienna on 24 February.
The conference will focus on the implementation of the Directive on injunctions in all 25 EU Member States. Austria has commissioned a study that not only analyses implementation but also examines to what extent entities qualified to bring an action actually use this instrument.

I am very gratified that this conference is attracting particular support not only from the Commission but also from the European Parliament, and we are pleased to welcome a member of its Committee, Ms Diana Wallis, as chair of the afternoon session.

2. Workshop on out-of-court dispute settlement
On 23 February 2006, the day before the conference, a workshop focusing on out of court dispute settlement will be held jointly with the Commission. The workshop will be attended by European consumer centres, representatives from the Member States, out of court dispute settlement agencies and European consumers' and business associations.

3. European Consumer Day "Consumer education"
On 15 March 2006 – European Consumer Day – Austria and the European Economic and Social Committee will jointly organise an event focusing on consumer education.
The event will deal with the question of how to equip consumers with the knowledge and skills to go further in preserving their rights.

I should like to conclude by stressing once again that I am hoping for good, close cooperation with the Parliament in order to advance consumer interests as effectively as possible.

I thank you for your attention and remain at your disposal should you have any questions.

 

Date: 06.02.2006