Brussels, 23/11/2001 (Agence Europe) - The creation of the Community patent and the directive on cosmetic products are to be the leading dossiers at the Internal Market/Consumers/Tourism Council of 26 November, under the presidency of Belgian Minister for the Economy Charles Picqué, for the internal market and consumers part, and the Flemish Employment and Tourism Minister Renaat Landuyt, for the tourism part. The ministers could also reach a political agreement on crossborder payments and possibly on insurance intermediaries. Determined to try everything to reach a compromise on patents despite the many disagreements remaining, the Belgian Presidency does not rule out that the "Council will continue as long as necessary" to achieve this. The representatives of Member States were still at work on Friday on most of the internal market issues. The main points were:
Future of European tourism: The Commission will present, on 13 November, its communication on "a cooperative approach for the future of European tourism" (see EUROPE of 15 November, p.8).
Impact of 11 September on tourism: The Council will note the report on the impact of the events of 11 September on the EU tourism sector, adopted on 13 November.
Protection of road users: The Council is expected to adopt conclusions accepting the voluntary commitment presented by the motor industry in July this year in order to build vehicles with a less dangerous front for cyclists and pedestrians in the event of frontal collision. It will nonetheless specify that the Council remains keen on adoption of a binding directive and on inviting the Commission to continue the elaboration of such a directive that would be a voluntary commitment. In an ambiguous decision reflecting dissension within its ranks, the Commission had postponed its formal decision until December in order to continue consultations with the Council (see EUROPE of 12 July, p.13).
Community patent: The Presidency will seek to reach at least "guiding principles" that will extend the common approach defined with difficulty on 31 May. The Lisbon Summit had called for a decision to be taken before end 2001, but there is still deep division (see yesterday's EUROPE, p.8).
Insurance intermediaries: The Council could reach a political agreement on the "insurance intermediation" directive that is to create a single registration system for insurance brokers, will make it mandatory for them to be registered on the basis of minimum professional requirements and will define such requirements. (See EUROPE of 19/20 November, p.16, on the subject of the EP's vote).
Crossborder payments: The Presidency hopes to reach a political agreement on the regulation that will make it mandatory for the financial institutions to apply the same tariffs for both national and transnational payments. Failing an agreement this week at technical level, a compromise text could be presented directly to ministers. The Parliament took a stance on 15 November excluding cheques from the regulation and deferring the enforcement date from 1 January to 1 March 2002, an amendment that the Commission was willing to accept (see EUROPE of 16 November, p.13).
Public procurement: According to the Presidency's indications, "progress has been made but not yet sufficiently to reach an agreement" on the two public procurement directives (framework and sector-specific directives for water, energy and transport). The Council is therefore expected to simply "note" the work. The positions of Member States have come closer together, particularly on issues relating to "competitive dialogue" and "negotiated procedures" during calls for tenders, as well as on central purchasing offices.
General interest services: The Council is expected to adopt conclusions on services of general interest which will be presented to the Laeken Summit in December. The proposed text is a compromise between the Member States that hope to call explicitly on the Commission to present a block exemption regulation for State aid to services of general interest and those who hope for a more flexible text. (See EUROPE of 22 November, p.17, on the vote by the EP).
Presidencies' work programme: The Belgian Presidency and the two following Presidencies (Spain and Denmark) will present their joint work programme in the field of the internal market.
Regulatory simplification: The Council will take stock of the regulatory environment, on the basis of information on the state of progress of work presented by Commissioner Frits Bolkestein, and information from the French delegation on the report by the High Level Consultative Group called the "Mandelkern Group" (see yesterday's EUROPE, p.9).
Completion of the internal market - Commissioner Bolkestein will present the last internal market "scoreboard", (see EUROPE of 19/20 November, p.13), and the Council will discuss the works concerning services and the revision of the internal market strategy.
Cosmetic products - the Council will try to reach a political agreement in view of a common position over the proposal aiming to modify Directive 76/768/EEC to introduce a final ban on animal testing. The Presidency hopes to reach an agreement, through a qualified majority, on the basis of a compromise that includes the main amendments from the Parliament and aims for a balance between protecting human health and animal welfare by making progress in the search for alternative methodologies to animal testing compulsory. This compromise has the support of a large number of Member States, but reservations remain over the marketing ban on products tested on animal and the absence of a deadline for a ban on all testing. If Germany does not transform its right to examine into a fundamental reservation, the five countries that call for a deadline to ban the testing of ingredients on animals (Denmark, Austria, Finland, the Netherlands and Sweden) will be unable to form a blocking minority.
Dangerous substances - the Council will examine three dossiers aiming to modify Directive 76/769/EEC on the marketing of dangerous substances and preparations: 1) Azoic colourants: the Council should give its political assent to the modification aiming to ban the use of these colourants and the marketing of certain cloth and leather articles. The compromise was the object of a wide-ranging consensus in Coreper. Only Germany and Denmark have reservations as they want to extend the ban to any article containing azoic colourants and risks entering into contact with the skin or mouth; 2) cancerous, mutagenic or toxic substances for reproduction: while awaiting the opinion in first reading from the European Parliament on the proposal aiming to ban the marketing of certain CMT substances, the Council will have to reach a general guideline; 3) Phthalates: the Presidency will report on the works on the draft Directive aiming to protect the long-term the health of youths against the risks of being exposed to childcare articles and toys made from supple PVC containing phthalates, cancerous substances aimed at softening plastics. The aim of the proposal, presented in November 1999, is to find a permanent solution to this problem, which the Commission tried to resolve temporarily by provisionally banning the use of six phthalates (DINP, DEHP, DNOP, DIDP, BBP, DBP) in toys and articles made from soft PVC aimed at being placed in the mouth by children under the age of 3 (Decision 1999/518/EC). Despite the efforts by the Presidency, divergences continue to remain over the scope of the ban and its possible extension to all phthalates.
European food authority - the Council will be informed by the Presidency of its informal contacts with the Parliament's rapporteur in view of avoiding a conciliation procedure over the draft regulation, which would compromise the establishment of the Authority before the end of the year. Other than the seat which remains to be agreed upon, the points to be resolved concern: - the formation of the administrative council, (the Council foresees 16 members, the Parliament 12); the Parliament's participation in the nomination of the administrative council's member and the Authorities executive director (the Parliament would like to organise hearings, the Council has reservations linked to the length of the procedure and the precedent that it could create); the issue of the denunciation to public authorities of cases of infringement against food legislation identified by players in the food sector (the Parliament would like for the employ who makes such a denunciation in his company to be protected; the Council is concerned that food legislation does not trample social legislation). The Presidency feels optimistic. The Parliament will rule in second reading on 12 December.
Consumer credit and debt - The Council will adopt a resolution inviting the Member States and the Commission to examine ways in which to ensure the follow-up of the development of consumer debt and excessive debt within the internal market.
Consumer protection - David Byrne will present the Green Paper on fair trade practices in view of eliminating the obstacles preventing consumers benefiting from the advantages of the internal market.
Involvement of consumers in the single market - the Council will take note of the Presidency report on the meeting of consumer protection organisations mainly dedicated to product safety.