Brussels, 26/09/2001 (Agence Europe) - On Tuesday, the European Commission is expected to adopt a draft Regulation on promotional sales based on the mutual recognition of national rules, presented by the Internal Market Commissioner, Frits Bolkestein, at the same time as a consultation document, a Green Paper on consumer protection from sales conditions in general (promotions, advertising, after-sales services and means of payment), presented by Commissioner David Byrne.
In his Green Paper, Commissioner Byrne hopes to consult with interested parties on the need to review consumer protection rules vis-à-vis various commercial practices and suggests focussing either on a Framework Directive or on a more specific approach to advertising, after-sales service, etc.
Presented in the framework of legislation on the free supply of services in the internal market, the Regulation put forward by Commissioner Bolkestein is based on a specific approach and suggests 1) banning the general bans in several Member States on certain sales practices. This clause would outlaw German legislation that has banned practices such as deductions and loyalty bonuses since the 1930s. The Commission has already taken Germany to the Court of Justice over the application of this regulation to the direct sale of compact discs; 2) laying down rules on information to be provided to customers taking advantage of promotional offers, either systematically or when requested by the customer; 3) establishing rules to protect young pole, by banning the provision of samples of alcoholic drinks to under-age people or questionnaires about the private life of minors; 4) laying down the principle of mutual recognition of the restrictions Member States set on their companies. In theory, a state that bans tobacco advertising from television sports coverage should accept the broadcasting of sport from countries where tobacco advertising is authorised.
The most recent doubts of the different departments at the Commission seem to have been ironed out at a technical meeting on Wednesday. Commissioner Byrne's departments apparently wanted to ensure that the mutual recognition of rules for promotional offers would not contradict the practices that might be banned following the consultations around the Green Paper. Commissioner Viviane Reding's services wanted to ensure that there would not be any contradiction with the Television Without Frontiers Directive.