Activites

• 2006/03/17 Additional information
• #Prés
• 2004/09/24 Council Meeting
• #X019
• 2003/11/10 Council Meeting
• #2510
• 2003/05/19 Council Meeting
• #X017
• 2002/11/14 Council Meeting
• 2002/10/25 Modified legislative proposal
  • COM(2002)0585 summary

    Of the 57 amendments adopted by the European Parliament at First reading, the Commission can accept 40 in full and 7 in part, making a total of 47. In general, the Commission has accepted those amendments which: - strengthen, or at least are in line with, the Internal Market objective of the proposal; - contribute to a constructive compromise on the treatment of sales below costs; - contribute to a constructive compromise on promotional games; and - are of a technical nature that improve the text. As regards the amendments rejected by the Commission have been grouped into broad categories: - amendments that undermine the Internal Market objective of the proposal : amendments that would allow Member States to impose general bans on sales promotions on the basis of very general and therefore easy to meet criteria. These undermine the legal security offered by the current proposal. Another would allow Member States to restrict incoming sales promotions for the liberal professions for unjustified reasons. Others would exclude all sales promotions for pharmaceuticals from the scope of the regulation should be accepted because the Commission's policy has always been not to treat pharmaceuticals as ordinary consumer products; - amendments that alter existing definitions in the acquis : these exclude illegal gaming activities from commercial communications although they are de facto already excluded from this term; - amendments that re-impose value limits or bans on sales promotions that have been shown to be disproportionate given the proposed information requirements that would replace them : amendments that would allow for existing general value limits on premiums to be maintained. Another re-imposes general bans on discounts prior to seasonal sales periods; - amendments that delete information or other redress provisions that are necessary to replace the outdated value restrictions that the proposal lifts and that would reduce the level of consumer protection proposed by the text. The rejected amendments concern the deletion of the the use of free help lines for complaints when these are offered by the promoter; exempting small companies from the redress requirements that are not burdensome; deleting the information requirements in the commercial communications of discounts; deleting the requirement to indicate the previous price that was in force prior to the offer of the discount; deleting the requirement to indicate in the commercial communication of a sales promotion the value of the free gift or premium.

  • DG Internal Market and Services,
• 2002/09/04 Text adopted by Parliament, 1st reading/single reading
  • T5-0400/2002 summary

    The European Parliament approved by 342 votes in favour 158 against with 55 abstentions a legislative resolution by Mr Eduard BEYSEN (ELDR, B) on new rules on sales promotions such as free gifts, discounts or the chance to take part in contests or games. Firstly, it should be stated that the Parliament amended the proposal so as to allow the Member States to decide whether to ban discounts on fixed price products. The text highlights that steps have to be taken to ensure a high level of consumer protection as well as SME protection. It also makes clear that this Regulation should cover sales promotions which are all 'temporary' in nature as against for example, long-term price cuts. Its scope should include loyalty programmes and air-miles schemes. It states clearly that it should not cover or affect national rules that set conditions for seasonal, clearance or closing-down sales except in so far as such rules restrict the offer of discounts. A new recital has been included which states that the requirement preventing Member States from imposing prohibitions on the use or commercial communication of a sales promotion may apply only to those prohibitions that relate to sales-promoting activities generally. It may not, in particular, apply to such prohibitions or limitations on advertising as are laid down in national law, such as the prohibition of aggressive advertising practices or the exertion of psychological buying pressure. In addition, it is made clear that this regulation should not apply to restrictions by member States in relation to the use and commercial communication of sales promotions by members of regulated professions, or of sales promotions for the marketing of pharmaceuticals, whether to not subject to a prescription. Loyalty programmes and air-miles schemes should be included in its scope. An amendments which could have outlawed the use of 'happy hour' was defeated in the Legal Affairs Committee. The defeated amendments would have banned the use of sales promotion in respect of tobacco, alcoholic beverages and pharmaceuticals products. Other amendments go further than the Commission in safeguarding children's health and protecting minors from the sale or promotion of alcohol. In particular in defining a 'child' as a person under the age of 14, unless other age-limits apply to the sale of specific products. Finally, other changes tighten up and clarify the text and put back the entry into force of the regulation by one year to 1 January 2005.

  • OJ C 272 13.11.2003, p. 0365-0397 E
• 2002/09/03 Debate in Parliament
• 2002/07/02 Committee report tabled for plenary, 1st reading/single reading
  • A5-0253/2002
• #2426
• 2002/05/21 Council Meeting
• 2002/03/11 Committee draft report
  • PE312.784
• #X016
• 2002/03/01 Council Meeting
• 2001/10/22 Committee referral announced in Parliament, 1st reading/single reading
• 2001/10/02 Legislative proposal
  • COM(2001)0546 summary

    PURPOSE : proposal for a Regulation to facilitate the free movement of goods that benefit from the use of sales promotion. CONTENT : Sales promotions, such as premium offers and free gifts, are key to the growth of businesses in the Community and are particularly important tools for small and medium-sized businesses. The use of sales promotions within the Community is hampered by several legal obstacles, which are due to divergences in national legislation and legal uncertainty. This Regulation introduces uniform rules for sales promotions, and provides for a high level of consumer protection in order to enhance trust in the Internal Market. Certain national bans or limitations are removed, in order to elimiminate barriers to establishment and the export of services. Other cross-border barriers to the use and commercial communication of sales promotions are submitted to the application of the principle of mutual recognition. In order to protect children, the proposal prohibits promoters of free gifts or premiums from sending promotional products to children. The proposal also bans the offer of free alcoholic beverages as promotional gifts to minors. In the event that promoters breach the rules on sales promotions, the proposal ensures that complainants will be able to identify the promoter and have easy acess to in-house redress systems.

  • OJ C 075 26.03.2002, p. 0011 E
  • DG Internal Market and Services,

Documents

• Legislative proposal published: COM(2001)0546
• Legislative proposal: OJ C 075 26.03.2002, p. 0011 E
• Committee draft report: PE312.784
• Committee report tabled for plenary, 1st reading/single reading: A5-0253/2002
• Decision by Parliament, 1st reading/single reading: T5-0400/2002
• Text adopted by Parliament, 1st reading/single reading: OJ C 272 13.11.2003, p. 0365-0397 E
• Modified legislative proposal published: COM(2002)0585

History

(these mark the time of scraping, not the official date of the change)