9 amendementen betreffende misleidende en oneerlijke reclame

Opinion of the Committee on Legal Affairs on misleading advertisement practices, 19 september 2013 (2013/2122(INI))
Verzoek van de Commissie Juridische zaken aan de Commissie Interne Markt en Consumentenbescherming om 9 amendementen betreffende misleidende en oneerlijke reclame in haar voorstel op te nemen.

"The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to incorporate the following suggestions into its motion for a resolution:

1. Is deeply concerned about the negative impact of deceptive, misleading and unfair marketing practices on economic growth, especially for SMEs, and on fair competition within the internal market, especially in Member States that are less developed and the worst affected by the financial crisis;

2. Emphasises the fact that different levels of protection and public enforcement mechanisms among Member States are an obstacle to running advertising campaigns across national borders, and that this leads to major legal and operative uncertainties for businesses;

3. Urges Member States to set up an ad hoc network of national authorities to improve enforcement practices and share relevant information; to this end, recommends that the Commission draw up guidelines for national authorities on prosecution and investigation;

4. Calls upon Member States to set up a national focal point to which businesses can report misleading practices and where they can receive expert advice on the issue;

5. Expresses strong support for a closer cooperation procedure for cross-border cases of misleading advertising; accordingly, emphasises the need for clearly-defined specific provisions to be introduced and applied regarding mutual assistance between the relevant national authorities;

6. Welcomes the Commission’s intention to bring forward a clearer definition of misleading marketing practices; in this respect, calls upon the Commission to introduce additional definitions for green claim practices;

7. Encourages the Commission to further reflect on a proposal for an amendment to Directive 2006/114 EC to include a blacklist of practices that are to be considered misleading under all circumstances; does not support extending the scope of the UnfairCommercial Practices Directive to B2B practices, as vulnerability and need for protectiondiffer in B2C and B2B relationships;

8. Considers that, when it reflects on the question of including a blacklist of practices that are considered misleading, the Commission should ensure that the list focuses on certain marketing practices and does not include a list of fraudulent companies;

9. Calls upon the Commission to analyse the relationship between comparative advertising and certain intellectual property rights, in particular concerning comparisons between products with designation of origin and those without such designation.