4 Amendments of Igor ŠOLTES related to 2018/0090(COD)
Amendment 173 #
Proposal for a directive
Recital 41
Recital 41
(41) Article 16 of the Charter of Fundamental Rights of the EU guarantees the freedom to conduct a business in accordance with Union law and national laws and practices. However, marketing across Member States of products as being identical when, in reality, they have a significantly different composition or characteristics may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise. of products as being seemingly identical or similar when, in reality, they have different composition or characteristics, without the consumer being clearly and comprehensively informed thereof, may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise. Assessments of whether different composition or characteristics exist may vary depending on the facts and circumstances of each case, but generally speaking, in cases where: one or more ingredients or their ratio in the product differs from another marketed product under the same or similar trademark or designation; this difference may change the economic behaviour of the average consumer, who would have taken a different purchasing decision where he was aware of such a difference. In order to assess whether the appearance is seemingly identical, any words, data, trademarks, brand names, illustrations or symbols relating to a particular product and placed on the package, the document, the inscription or the label in the field of vision most likely to be spotted by the consumer at first glance and which will enable him to recognise the product immediately in terms of its characteristics, taste or nature and, where appropriate, its trademark, shall be taken into account.
Amendment 185 #
Proposal for a directive
Recital 43
Recital 43
(43) However, the enforcement experience has shown that it may be unclear to consumers, traders and national competent authorities which commercial practices could be contrary to the Directive 2005/29/EC in the absence of an explicit provision. Therefore, Directive 2005/29/EC should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical to the same product marketed in several other Member Statesseemingly identical or similar to the another product marketed, where those products have significantly different composition or characteristics. Competent authorities should assess and address on a case by case basis such practices according to the provisions of the Directive. In undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers,. When assessing a trader's right to adapt products of the same brand forto different geographical markets due to, taking into account legitimate factors, such as availability or seasonality of raw materials, defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as , the competent authority should examine whether traders' right to offer products of the same brand in packages of different weight or volume in different geographical marketshe consumer has been sufficiently, clearly and comprehensibly informed by the trader about such changes so that the difference is apparent at one glance.
Amendment 208 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) Aany marketing of a product as beof seemingly identical to the same product marketed in several other Member Statesappearance to another product, which is marketed with the same or similar trademark or designation, while those products have significantly different composition or characteristics;
Amendment 281 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex I – point 23 a (new)
Annex I – point 23 a (new)
(6a) In Annex I, the following point is inserted: “23a. Use of the same or seemingly identical designation for a product which is marketed in one Member State or in various Member States with a different composition, without that distinction being clearly and comprehensibly marked so as to be immediately visible to the consumer; with designation meaning any words, particulars, trademarks, brands, illustrations or symbols relating to a particular product, and which are placed on the package, document, inscription or label in the field of view, which the consumer shall most likely notice immediately when purchasing, and which will enable him to recognise the product immediately in terms of its characteristics, taste or nature and, where appropriate, its brand.”