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Ec Budget 2007 House of Lords London European Union Committee SW1A 0PW www.parliament.uk/hleug The primary purpose of the House of Lords European Union Select Committee is to scrutinise EU law in draft before the Government take a position on it in the EU Council of Ministers. This scrutiny is frequently carried out through correspondence with Ministers. Such correspondence, including Ministerial replies and other materials, is published where appropriate. This edition includes correspondence from December 2009 to May 2010. SOCIAL POLICY AND CONSUMER AFFAIRS (SUB-COMMITTEE G) CONTENTS CONSUMER RIGHTS (14183/08) .......................................................................................................................... 2 CROSS-BORDER BUSINESS TO CONSUMER E-COMMERCE IN THE EU (15058/09) .......................... 2 CROSS-BORDER HEALTHCARE: APPLICATION OF PATIENTS’ RIGHTS (11307/08) ......................... 4 DISEASES: EARLY WARNING AND RESPONSE SYSTEM (EWRS) FOR EPIDEMIOLOGICAL SURVEILLANCE (10148/09) .................................................................................................................................... 5 DWP PRIORITIES DURING THE SPANISH PRESIDENCY ............................................................................. 5 EMPLOYMENT: JOINT EMPLOYMENT REPORT 2009/10 (5037/10) .......................................................... 7 EQUAL OPPORTUNITIES: RIGHTS OF PERSONS WITH DISABILITIES (12892/08) .............................. 7 EQUAL TREATMENT BETWEEN MEN AND WOMEN ENGAGED IN AN ACTIVITY IN A SELF- EMPLOYED CAPACITY (13981/08) ...................................................................................................................... 7 EQUAL TREATMENT BETWEEN PERSONS IRRESPECTIVE OF RELIGION OR BELIEF, DISABILITY, AGE OR SEXUAL ORIENTATION (11531/08) .................................................................................................. 8 EUROPEAN SOCIAL FUND: VOCATIONAL TRAINING ACTIONS FOR WOMEN (6066/10) ...... 12 FOOD INFORMATION TO CONSUMERS (6172/08) .................................................................................. 12 HEALTH: MEDICINAL PRODUCTS FOR HUMAN USE .............................................................................. 14 HEALTH AND SAFETY: PREVENTION OF SHARPS INJURIES IN THE HOSPITAL AND HEALTHCARE SECTOR (15305/09) .................................................................................................................. 14 HIV AND AIDS IN THE EU AND NEIGHBOURING COUNTRIES (15204/09) ..................................... 18 INFORMAL HEALTH COUNCIL 2010 ............................................................................................................. 19 ORGAN DONATION AND TRANSPLANTATION (16521/08, 16545/08) ............................................ 20 PARENTAL LEAVE (12761/09) ............................................................................................................................ 23 PHARMACOVIGILANCE: PHARMACOVIGILANCE OF MEDICINAL PRODUCTS (17501/08, 17502/08) .................................................................................................................................................................. 24 PHARMACOVIGILANCE: FALSIFIED MEDICINAL PRODUCTS (17504/08) .......................................... 25 SEASONAL INFLUENZA VACCINATION (11970/09) ................................................................................. 27 SOLIDARITY IN HEALTH: REDUCING HEALTH INEQUALITIES IN THE EU (14848/09) ................ 28 SPORTS POLICY ..................................................................................................................................................... 29 WORKING TIME: ROAD TRANSPORT WORKING TIME ........................................................................ 31 YOUNG PEOPLE: PROMOTING LEARNING AND MOBILITY (11968/09) ........................................... 32 [Type text] CONSUMER RIGHTS (14183/08) Letter from Kevin Brennan MP, Minister of State, Department for Business, Innovation and Skills, to the Chairman I am writing to inform you of progress in the negotiation of the proposed Consumer Rights Directive which you have retained under scrutiny following your Report and debate on the Directive. The negotiations both in Council and the European Parliament are ongoing but progress remains slow. I participated in a policy debate on the Directive at Competitiveness Council in December of last year. During the debate I expressed my support for the Directive and for full harmonisation, where evidence shows that the current divergence of laws is creating barriers to trade. I stressed, however, that this must not be at the expense of key consumer protections, such as the right to reject faulty goods in the UK, and made clear that amendments are necessary before the UK will be able to agree the text. Whilst it was clear that the majority of Member States are supportive of the proposal for a new Directive and are keen to make progress, many of them share our strong concerns that the proposal as drafted would result in a reduction in consumer protection. Progress was made during Council Working Group meetings under the Swedish Presidency during the latter half of 2009. I am pleased to say that certain key UK concerns have been addressed in recent Presidency redrafts, including the insertion of provisions on the right to reject, exclusion of financial services from Chapter 3 of the proposal (on information and withdrawal rights for distance and off premises contracts) and amendments to the provisions on off-premises selling. However, these areas still need improvement and there are other areas where I feel that amendments are necessary before the text is acceptable to the UK. Negotiations are continuing under the Spanish Presidency and a policy debate on the Directive is scheduled for Competitiveness Council in May. In the European Parliament the Internal Market and Consumer Protection Committee (IMCO) have been considering the proposal. The Rapporteur is due to produce his report on the Directive in early May, with the Committee vote scheduled for the end of September. The Legal Affairs and Economic and Monetary Affairs Committees are expected to provide opinions on the proposal. It is intended that the First Reading Plenary vote in Parliament will take place in November of this year. Initial indications suggest that the IMCO Committee share the concerns of some Member States that full harmonisation would lead to a reduction in levels of consumer protection. They are therefore unlikely to support full harmonisation of the whole Directive and are likely to propose a mix of full and minimum harmonisation provisions. When the new Commission was appointed earlier this year responsibility for consumer contract and marketing law, including the Consumer Rights Directive, was split from the rest of the consumer portfolio in DG Health and Consumers and now comes under the remit of Commissioner Reding at DG Justice, Freedom and Security. It is too early to say whether this will have any significant impact on the Directive but Commissioner Reding has made clear that she sees legislative agreement on this Directive as a priority. 17 March 2010 CROSS-BORDER BUSINESS TO CONSUMER E-COMMERCE IN THE EU (15058/09) Letter from the Chairman to Kevin Brennan MP, Minister of State, Department for Business, Innovation and Skills Your Explanatory Memorandum (EM) on the above Communication was considered by Sub- Committee G at its meeting of 10 December 2009. We consider that the objective of improving the regulatory environment for both consumers and traders in order to assist cross-border business to consumer e-commerce is very important. Nevertheless, we consider that other factors may also present a barrier to cross-border e- commerce, for example language differences and distance of delivery. [Type text] The Commission’s document amounts largely to a compilation of actions that are already underway, including draft legislation currently awaiting decisions by the Council and/or European Parliament. This extends to the Consumer Rights Directive, on which we undertook an inquiry. We would remind you of the importance that we place on successful negotiation of a Directive which delivers a real business-to-consumer internal market with the consumer at its heart. Of those initiatives which will require further details from the Commission in due course, we would be interested in your view on how the Commission might be able to encourage industry involvement through greater uptake of the .eu domain name, pan-EU websites and improved search engines. Finally, you report that there is no need for an analysis of subsidiarity because the Communication is not a legislative measure. This is not necessarily the case as policy initiatives contained within a non- legislative document may infringe the principle of subsidiarity. In this instance, the proposed actions tackle a demonstrably cross-border activity, which could not be tackled as successfully by Member States acting alone. We would nevertheless remind you that Parliament requires from Government a more comprehensive analysis of such a document’s compliance with the principle of subsidiarity. We are content to release the Communication from scrutiny and look forward to your comments on the issues highlighted above. 10 December 2009 Letter from Kevin Brennan MP to the Chairman Thank you for your letter of 10 December 2009 on the Explanatory Memorandum on the above communication from the Commission. We agree
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