DIRECTORATE GENERAL INTERNAL POLICIES OF THE UNION
Committee on the Internal Market and Consumer Protection
- Secretariat -
IMCO-06-0314
Brussels, 5 October 2006
FEEDBACK NOTE
IMCO Committee Meeting of 4-5 October 2006
The Committee on Internal Market and Consumer Protection (IMCO)
inter alia
had an exchange of views on the
Second Reading Recommendation on
Services in
the Internal Market
had a exchange of views with
Commissioner Reding
held a mini-hearing on
the Control of the acquisition and possession of weapons
(Kallenbach report)
voted two opinions (
Mortgage Credit and
Television without Frontiers)
Second Readings:
Services in the Internal Market - Rapporteur: E. Gebhardt
A total number of 43 amendments have been tabled to the Council's common position (including
11 amendments from the Draft recommendation for second reading), which will be formally
discussed in committee on 9 October.
During the second discussion on the Draft recommendation for second reading which took place
on 4 October, a number of political groups confirmed their initial positions on whether to table
amendments to the common position.
On one hand, the Rapporteur, Evelyne GEBHARDT, insisted that it is still important to have a
'proper' second reading, vindicating Parliament's right and prerogatives and she welcomed the
fact that the number of amendments tabled for being such a controversial piece of legislation
was very modest. In the Rapporteur's view, despite Parliament's success in finding a satisfactory
solution at first reading, which was accepted by Council to a very large extent, there is still room
for improvement in order to enhance the legal clarity of the Council's text. She therefore
underlined that her amendments (regarding the issues of labour law, social services of general
interest, administrative cooperation and the orientations and guidelines provided by the
Commission on the implementation of Article 16 (provision on the freedom to provide services),
are only points for clarification and constitute a basis for the discussion. The Rapporteur also
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anticipated that some of the amendments tabled by Members might be inadmissible at second
reading (in particular, amendments tabled to Article 17).
The Green group (Heide RÜHLE, Alain HUTCHINSON) and other PSE Members (Bernadette
VERGNAUD, Ieke VAN DEN BURG) shared the Rapporteur's view recalling that Parliament,
as co-legislator, is entitled to have a critical eye and to table amendments to the common
position, particularly on the issue of labour law and social services.
On the other hand, the EPP-ED shadow rapporteur (Malcom HARBOUR) considered that the
common position was an effective and workable text. He stressed that his intention was not to
walk away from having the best legislation but he considered a test of maturity and
responsibility to move forward on this very unusual Directive. He believed that the crucial
issues raised by the Rapporteur could be solved by means of a Commission declaration when
the Directive is adopted. Other speakers from EPP-ED group (Zita PLEŠTINSKÁ, Jacques
TOUBON, Zuzana ROITHOVÁ, Charlotte CEDERSCHIÖLD), which has not tabled any
amendments at second reading, were also of the opinion that although the text could still be
improved, further amendments would only unravel Council's delicate compromise.
The ALDE shadow rapporteur (Anneli JÄÄTTEENMÄKI), whose group has withdrawn its sole
amendment, agreed that the amendments tabled might put at risk Council's compromise.
Therefore, ALDE group, while being willing to discuss with the Rapporteur, could not support
any of the amendments tabled.
Both the Presidency and the Commission reiterated their strong opposition to the amendments
tabled, which they maintain affects the core of Council's compromise. The Presidency reiterated
that it would be extremely difficult, if not impossible, to accept amendments of that nature in
Council.
Exchange of views with Commissioner Reding
The Commissioner presented the Commission's proposal on reducing roaming charges,
outlining its history and addressing the main elements of the proposal as well as some criticisms.
She underlined that the aim of the proposal is to benefit consumers, while not unduly restricting
the possibilities of operators to offer innovative pricing packages. She emphasised the need to
progress the matter at speed, and that the Commission would provide all necessary information
and other assistance to Parliament. The IMCO draftsperson (IMCO is in enhanced cooperation
with ITRE) Mr. MUSCAT spoke, as did Mr. COVENEY, Mr. LEHTINEN, Mr. HARBOUR,
Ms. GEBHARDT, Mr. KAMALL and Ms. ROITHOVA.
Mini-hearing on the Control of the acquisition and possession of weapons - Rapporteur: G.
Kallenbach
The hearing on the Commission proposal for amendments to the 1991 directive on control of
weapons, was held under some time-constraint, saw a moderate turnout of MEPs (10) and
audience attending. Commission and Council representatives were present. A briefing note was
presented.
Key issues in a lively discussion included marking of weapons and the problem with conversion
of alarm weapons into weapons capable of firing live ammunition. The speakers included
representatives of the industry, law enforcement, the permanent international commission for
the proofing of small arms and NGO's. One speaker included detailed comments on the text of
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the Commission proposal. Findings of this hearing will flow into Ms. KALLENBACH's report
(enhanced cooperation with LIBE Committee).
Working Group on European Contract Law - D. Wallis
On the basis of a Working Document the notion/definition of a consumer was discussed as part
of a periodic oral report on discussions of the Parliamentary Working Group on European
Contract Law.
First Readings:
Review procedures concerning the award of public contracts - Rapporteur: J-C Fruteau
The Rapporteur pointed out the key elements of the proposal, i.e. the "standstill-period" and
"direct awards". The debate put into question fundamental assumptions behind the Commission
proposal and evidenced concerns about how to ensure a better participation of SMEs in public
procurement procedures and enhancing the role of poorly-functioning or non-existent arbitration
mechanisms.
Own-initiative reports:
Public-Private Partnerships - Rapporteur: B. Weiler
The Rapporteur and the shadows expressed views on the amendments tabled. Mr. Langen, the
draftsman in the ECON Committee, took part in the debate.
Opinions:
Mortgage Credit - draftsman: M. Medina Ortega
The opinion (in enhanced cooperation with ECON) was adopted unanimously with 33 votes
Coordination of certain of the Member States' provisions on television broadcasting -
draftswoman: H. Rühle
The Committee adopted almost unanimously (27 votes in favour, 4 abstentions) a
comprehensive compromise package covering the thorniest issues of the proposal. As regards
the scope, IMCO endorsed the Commission's approach to extent the scope to non linear services.
Concerning the issue of jurisdiction, the committee reinforced the country of origin principle by
introducing some amendments which would speed up the procedure to avoid any abuses or
fraudulent conduct by media service providers. The Committee supported that both co/and self
regulation should be enhanced. While the committee could not agree on an overall compromise
regarding the controversial issue of product placement, the committee unanimously accepted a
compromise text to deal with sponsorship and product placement in different provisions.
Furthermore, the committee adopted a "neutral" position on product placement, by accepting,
almost without amendments, the text of the Commission's proposal.
The Rapporteur in the lead committee, Ms Ruth Hieronymi, who was present at the vote,
supported IMCO compromise package, and said it constitute the basis for compromise
amendments in the lead Committee.
The "intelligent cooperation procedure" applied to this dossier, was welcomed by all Members
being involved, underlining the excellent cooperation with the Draftswoman and the CULT
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Rapporteur. The Chair concluded that intelligent cooperation works if "intelligent people" are
involved.
Towards a European policy on radio spectrum: H. Rühle
Ms. Rühle said that IMCO should adopt a short opinion on this issue, but that the time schedule
was very tight. She proposed to announce deadline for amendments which will be 3 November
on the 23 October. The Committee will then be able to have a discussion 21 November and a
vote 23 November.
IMCO Secretariat
cc:
Mr Julian Priestley Secretary General
Mrs Christine Verger, Cabinet of the President
Mr Marco Aguiriano, Cabinet of the President
Mr Stephen Clark, Secretary General's Cabinet
Ms Daniela Senk, Cabinet of the President
Mr Klaus Welle, Director-General, DG Internal Policies
Mrs Thérèse Lepoutre-Dumoulin, Director, DG Internal Policies
Mr Freddy Drexler, DG Internal Policies
Mr Riccardo Ribera d'Alcalà, Director, Legislative Coordination
Ms Els VandenBosch, Head of Unit, Legislative Coordination
Mr Dietmar Nickel, Director General
Heads of Unit of Directorate A (ITRE, EMPL, ENVI and ECON)
A + B IMCO
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