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Europe Daily Bulletin No. 10144
GENERAL NEWS / (eu) eu/competitiveness council

Discussion about consumer rights and agreement in principle on construction products

Brussels, 21/05/2010 (Agence Europe) - Chaired by Spanish industry minister Miguel Sebastián, Spanish European affairs minister Diego López Garrído and Spanish science and innovation minister Cristina Garmendia, the European Union's competitiveness ministers will be meeting on Tuesday 25 and Wednesday 26 May 2010, when they are expected to reach agreement in principle on the marketing of construction products. They will hold a public debate on the draft directive on consumer rights. Over lunch, the ministers will examine boosting the Internal Market and will try to agree on guidelines on how to deal with the overrun of the ITER project's budget (nuclear fusion).

Industry. The Council is expected to reach agreement in principle on a draft regulation updating marketing conditions for construction products in the European Union. The draft legislation aims to simplify and clarify the existing rules and will replace the Directive 89/106/EEC to ensure the free circulation of construction products within the Single Market. The idea is to clarify the basic concepts and the use of the EC label, introduce simplified procedures to cut costs for business (especially small business) and boost the system's credibility by introducing tighter labelling criteria for bodies responsible for assessing construction products' performance. The draft legislation should provide reliable, detailed information about the performance of construction products. Since unveiled by the European Commission in May 2008, the Council has examined the draft legislation under four consecutive presidencies. It took note of an intermediate report late last year. After a positive opinion issued by the European Parliament in April 2009, the Commission published am amended draft of the legislation in October 2009.

Based on a Commission report published in April 2010 (see EUROPE 10128), the Council will discuss and adopt a conclusions document on clean, energy-efficient vehicles for a competitive EU car industry. The document paves the way for a strategy to encourage the development and use of clean, energy-efficient vehicles, including hybrid and electric cars. The strategy will include an action plan containing a range of initiatives depending on the type of vehicle and covering domains like energy efficiency, environmental performance, R&D, innovation, market uptake, consumer information, jobs and international trade cooperation. It will also include special measures for electric cars.

Consumers. Following a public debate in December 2009 on the same issue, the Council will hold a public debate on the draft directive on contractual consumer rights for remote sales and in sales outlets. Progress on this directive (unveiled by the European Commission in October 2008, see EUROPE 9357) has long been hamstrung by failure to decide on the degree of harmonisation required. The full harmonisation that was initially suggested has been a subject of controversy among Member States' delegations and also among MEPs (no fewer than three hearings have been organised at the European Parliament on this subject, see EUROPE 10084 and 9988). Member States on the Council's working group have confirmed that they support the directive's objectives, however. Some kind of hybrid middle road seems to be gaining ground. The heart of the problem is deciding exactly what should be fully harmonised.

Guided by a Spanish Presidency questionnaire aiming to move the debate forward, the minsters will be invited to decide on the general idea of introducing as much harmonisation as possible but having targetted harmonisation where appropriate to guarantee a high level of consumer protection. For example, when it comes to consumer information, the right to change one's mind, guarantees for remote contracts and contracts entered into in sales outlets. The European Parliament is expected to gives its onion in first reading before the end of the year.

Internal Market. Over lunch, the ministers will discuss the future of the single market, where they will be joined by Prof. Monti, the author of a report and recommendations on a new EU strategy in this domain, nearly twenty years after the creation of the EU by the Maastricht Treaty in 1992 (see EUROPE 10137). EU Internal Market Commissioner Michel Barnier may sketch out initial guidelines in this connection. The Commission plans to publish a communication for the June European Council. Ministers will adopt a conclusions document inviting the Commission to prepare changes to the EU trademark legislation (see related article). Based on a new Commission progress report, the ministers will examine transposition of the Services Directive (Directive 2006/123/EC on services in the internal market, see related article).

Research. In conclusions which they will adopt ahead of the forthcoming ITER Council in Suzhou, China, on 16-17 June, ministers will confirm the EU's commitment to the international nuclear fusion project. Faced with a rise in costs, they will provide the Commission with political orientation on how to find an additional €1.4 billion (in commitment appropriations) for 2012-2013. Member states' preferred option is to re-deploy funding allocated to the 7th research programme, increased individual contributions and re-opening of financial perspective having been rejected. The Commission will be asked to look into EIB involvement in funding. The EU contribution to the ITER project, initially set at €2.7 billion, has been recalculated and now stands at €7.2 billion.

Within the framework of a debate on the European Research Area, research ministers will give the EU Scientific and Technical Research Committee with a new mandate and a new structure of governance which will see a vice-presidency elected by member states alongside the presidency provided by the Commission. Ministers will have an exchange of views on the EU 2020 strategy. (A.N./E.H./M.B./transl.fl/rt)

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