A3-0234/94

Resolution on the interpretative Commission communication concerning the use of languages in the marketing of foodstuffs in the light of the judgment in the Peeters case

The European Parliament,

-having regard to the communication from the Commission to the Council and the European Parliament concerning language use in the information of consumers in the Community (COM(93)0456),

-having regard to the interpretative Commission communication to the Council and the European Parliament concerning the use of languages in the marketing of foodstuffs in the light of the judgment in the Peeters case (COM(93)0532 -C3-0516/93),

-having regard to Articles 30ff, 100a, 128 and 129a of the Treaty establishing the European Community,

-having regard to the many Council directives, regulations and recommendations relating to language use in the field of consumer information,

-having regard to its resolution of 27 October 1993 on the proposal for a Council directive amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, particularly Amendment 15 to Article 14 of Directive 79/112/EEC,

-having regard to the report of the Committee on the Environment, Public Health and Consumer Protection (A3-0234/94),

A.whereas the aims of the European Communities include not only the free movement of goods, but also achieving a high level of consumer protection and developing the cultures of the Member States,

B.whereas certain aims conflict with one another to a certain extent and whereas in such cases interests must be weighed up against one another, to ensure that no single aim has to be sacrificed completely in favour of another,

C.whereas proper information and transparency for the consumer are conducive to the harmonious functioning of the internal market,

D.whereas the European Community has taken steps to harmonize labelling of products and other forms of consumer information, with a view to promoting the free movement of goods and services,

E.whereas the harmonization directives recognize that the choice of language used in labelling can prevent information from reaching the consumer, and whereas some directives therefore include language provisions,

F.whereas the adoption of these language provisions means that it is justified to adjust the free movement of goods to a certain extent, in the interests of consumer protection,

G.whereas parallel imports are a logical consequence of the free movement of goods, and are viewed positively by the Community, as they lead to lower consumer prices; whereas, however, this must not lead to any dilution of the consumer's right to information; whereas language provisions do make parallel importing somewhat more difficult, but by no means impossible,

H.whereas the average consumer has an adequate command of the language of his own country only; whereas the requirement that the official language of the country constituting the market be used offers the best guarantee that the information in question will reach as many consumers as possible,

I.whereas the language provisions in the directives are not uniformly worded, showing that the policies on the free movement of goods and consumer protection do not include any language policy,

J.whereas the judgment in the Peeters case has not helped to clarify the matter,

K.whereas great confusion exists about the scope of the language provisions in question, and whereas this leads to uncertainty in legal matters among consumers, producers and distributors,

L.whereas the Commission communications which are the subject of this resolution acknowledge this state of affairs and seek to promote clarification; whereas, however, they are too general and provide no practical solutions,

M.whereas Article 128(4) of the EC Treaty states that the Community shall take cultural aspects into account in its action under other provisions of the Treaty,

N.whereas language must be regarded as an essential element of culture; whereas, in considering this issue, the cultural impact of the measures to be taken must therefore be taken into account,

O.whereas the Member States are responsible for language policy; whereas subsidiarity demands that the Member States' powers in the field of language policy be respected,

P.whereas it follows from Article 128(4) that the Community may not thwart language policy provisions laid down by the Member States which do not conflict with the aims of consumer protection and the theory of the free movement of goods,

Q.whereas the use of the official language or languages of the Member State constituting the market provides the best guarantee of this, and whereas the Community may therefore go so far as to demand in its own provisions that information be conveyed in this language or languages; whereas the implementation thereof (deciding which is the official language to be used in this context) is the prerogative of the Member States, in accordance with the principle of subsidiarity,

R.whereas the Community's only motivation for laying down language provisions is to ensure that information is effectively conveyed to the consumer,

1.Notes the communication from the Commission to the Council and the European Parliament concerning language use in the information of consumers in the Community and the interpretative Commission communication concerning the use of languages in the marketing of foodstuffs in the light of the judgment in the Peeters case;

2.Welcomes the fact that the Commission has followed the Council in concerning itself with problems relating to language use in consumer information and encouraging discussion of this issue;

3.Regrets that the Commission does not propose any practical solutions in its communication;

4.Regrets the fact that the Commission ignores in its communications Article 128 of the Treaty on European Union, which states that the Community shall take cultural aspects into account in its action under other (i.e. other than cultural) provisions of the Treaty;

5.Endorses the principle that the best way to guarantee effective consumer information is to provide it in the language of the consumer;

6.Is aware of the need to weigh up:

-the demands of wholly free movement on the one hand against those of adequate consumer protection and cultural imperatives on the other;

-and the powers of the European Union in the field of consumer protection against the powers of the Member States with regard to their language provisions;

7.Calls on the Commission during its current deliberations to incorporate Parliament's abovementioned amendment to Article 14 in its proposal for a directive amending Directive 79/112/EEC;

8.Calls on the Commission to make its policy clear and coherent, by introducing a framework directive on the use of languages in consumer information and other contexts, taking account of the changes to the legal situation arising from the new Articles 3(s) and 129a (consumer protection) and 3(p) and 128(4) (cultural aspects) of the EC Treaty;

9.Urges it, in this context, to start from the principle that the best guarantee for effective information is that the consumer should receive it in his own language and therefore to base its action on the premise that it is the duty of the Community legislative authorities to oblige each Member State to guarantee the provision of the information in at least (but not exclusively) its own official language or languages;

10.Calls on the Commission stringently to restrict any exceptions to this rule and to define them in such a way as to ensure legal security;

11.Considers that it is the sole responsibility of the Member States to decide on the practical significance of the concept of the 'official language';

12.Urges the Commission to promote the use of symbols in consumer information;

13.Calls on the Commission to guarantee efficient monitoring of compliance with Community provisions on the use of language;

14.Requests the Commission to promote an exchange of information, for the benefit of the industry, on the language regulations applicable in the Member States;

15.Considers that language provisions are not an insurmountable obstacle to industry and notes that various sectors of industry endorse this;

16.Instructs its President to forward this resolution to the Council, the Commission, the Economic and Social Committee and the Committee of the Regions.