5 Amendments of Inese VAIDERE related to 2018/0090(COD)
Amendment 174 #
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, the marketing across Member States of products as beof a product with seemingly identical when, in reality, they have a significantlypresentation to another product, which is marketed under the same brand but presents differentces in composition or characteristicssensory profile may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise.
Amendment 178 #
Proposal for a directive
Recital 42
Recital 42
(42) Such a practice can therefore be qualified as contrary to Directive 2005/29/EC based on a case by case assessment of relevant elements. In order to facilitate the application of existing law by Member States' consumer and food authorities, guidance on the application of current EU rules to situations of dual quality of food products was provided in the Commission Notice of 26.9.2017 'on the application of EU food and consumer protection law to issues of Dual Quality of products – The specific case of food'.46 In this context, the Commission's Joint Research Centre is currently developing a common approach to the comparative tehas developed an EU harmonised testing methodology to comparatively assess quality related characteristingcs of food products. __________________ 46 C(2017)6532.
Amendment 181 #
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 bewith seemingly identical to the same product marketed in several other Member States, where those products have significantlypresentation to another product, which is marketed under the same brand but has differentces in composition or characteristicssensory profile. 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, a trader's right to adapt products of the same brand for different geographical markets due to 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 traders' right to offer products of the same brand in packages of different weight or volume in different geographical markets.
Amendment 183 #
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 bewith seemingly identical to the same product marketed in several other Member States, where those products have significantly different composition or characteristicspresentation to another product, which is marketed under the same brand but presents differences in composition or sensory profile, as defined by the EU harmonised testing methodology developed by the Commission's Joint Research Centre. 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, a trader's right to adapt products of the same brand for different geographical markets due to 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 traders' right to offer products of the same brand in packages of different weight or volume in different geographical markets, and the recommendations on common interpretation defined by the High Level Forum for Better Functioning of the Supply Chain of found differences based on the EU harmonised testing methodology developed by the Commission's Joint Research Centre.
Amendment 209 #
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 bewith seemingly identical to the same product marketed in several other Member States, while those products have significantlypresentation to another product, which is marketed under the same brand but presents differentces in composition or characteristicssensory profile;