The European Commission proposals, which are together called the ‘pharmaceutical package’, intend to combat counterfeit medicines, strengthen pharmacovigilance and ensure the provision of better information to patients (see Europolitics3656). The first two proposals are embraced by the member states and currently under negotiation in working groups, but on the third governments recently clashed with the Commission proposals (3768). The re-elected EP’s rapporteur, Christofer Fjellner (EPP-ED, Sweden), is known to have a ‘positive’ attitude towards all the Commission’s proposals and wants to find a backing majority in the EP. “It will, however, be difficult to obtain an agreement, especially with the member states,” Fjellner’s assistant confirmed. Due to the European elections and the ensuing summer break, the EP will not be able to formulate its opinion before the autumn, she added. Debates in the Council will continue on the proposals to combat counterfeit medicines and to strengthen pharmacovigilance. However, the proposal, which aims, according to the Commission, to ensure the provision of better information to patients, will be left untouched for the time being by member states, which are refusing to see it as a “basis for further discussion”.

The consumer rights directive, proposed in October 2008, aims to give EU citizens more confidence to shop on the internet and in high streets across the EU by prescribing the need to provide clear information, protection against late delivery and non-delivery, and regulating cooling off periods, repairs, replacements and guarantees (3613). The draft directive is currently under negotiation in the Council and the Parliament. The EP rapporteur, Arlene Mccarthy (PES, UK), hopes that the Parliament will give its first-reading opinion by the end of November .

Furthermore, a legislative proposal on collective redress is expected from the European Commission. On 27 November 2008, the Commission adopted a green paper on consumer collective redress. This gives four options on which consultation is currently taking place. CHOICESThe choices for stakeholders are 1. no immediate action; 2. cooperation between member states extending national collective redress systems to consumers from other countries without a collective redress mechanism; 3. a mix of policy instruments to strengthen consumer redress (including collective consumer alternative dispute mechanisms, a power for national enforcement authorities to request traders to compensate consumers and extending small claims to deal with mass claims); and 4. binding or non-binding measures for a collective redress judicial procedure to exist in all member states. A combination of different elements from these options is also possible. At the end of July, the consultation period ends, after which the Commission might come forward with proposals that would be discussed in the EP.