 achieved through some 50 directives.
Furthermore, the second part of the Green Paper itself analyses the problems that still exist, such as the possible discrimination against non-residents, the lack or poor quality of information, the lack of rules on intermediaries and the lack of fiscal harmonization. But that is not the whole story: to take just a few examples, in the area of insurance: a cooling-off period is provided for life assurance only but not, for example, for insurance against fire and theft.
As regards intermediaries, and again in the field of insurance, there is a recommendation dating from 1991, but it is by no means binding: there is no protection against the fraudulent use of credit cards. Here too, recommendation 595 of 1988 did not have the effect of inciting the Member States to take positive measures to protect consumers.
On the issue of consumer credit, directive 102 of 1987 does not cover new services that did not exist at the time of its adoption. The concept of the general interest has therefore to be better defined. The reference in the banking directives, and the second banking directive in particular, allows scope for serious legal uncertainties. And the list goes on.
The problem of distance selling, finally, dealt with in the third part of the Green Paper, is not covered by the legislation in force. The relevant legislative committees have discussed the Green Paper in great detail and very perceptively and have overwhelmingly focused their proposals on the need for a coherent and complete Community legislative framework that takes a horizontal approach to problems recurring in more than one sector and a vertical approach to specific issues such as distance selling.
While we await the Commission response, I recommend to honourable Members - who are not now present in the Chamber but will, we hope, be here tomorrow - the amendments approved by a more or less absolute majority of the Committee on the Environment, Public Health and Consumer Protection.

Kestelijn-Sierens
Madam President, Commissioner, ladies and gentlemen, in the opinion I drafted on this Green Paper for the Economic Affairs Committee I came largely to the same conclusions regarding the continuing problems which the consumer encounters over financial services. The Economic Affairs Committee has identified five. One: the internal market is not really working. Using the national interest as an excuse, Member States cling to national laws which protect their market rather than their consumers. It is time a case was brought before the European Court against the mandatory bonus/malus scale, the mandatory no-claim discount, the outlawing of interest-
achieved through some 50 directives. 
 Furthermore, the second part of the Green Paper itself analyses the trouble that however exist, such as the possible discrimination against non - residents, the lack or poor timbre of information, the lack of rules on intermediaries and the lack of fiscal harmonization. But that is not the unharmed story: to take merely a few examples, in the area of indemnity: a cooling - off period is provide for biography assurance only but not, for example, for insurance against fire and theft. 
 As see intermediaries, and again in the field of insurance, there exist a recommendation dating from 1991, but it is by no means binding: there is no protective covering against the fraudulent use of credit cards. Here too, recommendation 595 of 1988 did not own the effect of inciting the Member States to take positive measures to protect consumer. 
 On the topic of consumer credit, directive 102 of 1987 does not cover new services that did not exist at the time of its adoption. The concept of the general interest has therefore to be well defined. The reference in the banking directive, and the second banking directive in especial, give up scope for serious legal uncertainty. And the list goes on. 
 The problem of distance selling, finally, manage with in the third part of the Green Paper, is not covered by the legislation in force. The relevant legislative committees have discussed the Green Paper in great contingent and very perceptively and have overwhelmingly focused their proposals on the need for a coherent and complete Community legislative framework that takes a horizontal approach to problem recurring in more than one sector and a vertical approach to specific issues such as distance selling. 
 While we await the Commission reception, I recommend to honourable Members - who are not now present in the Chamber but will, we hope, be here tomorrow - the amendment approved by a more or less absolute majority of the Committee on the Environment, Public Health and Consumer Protection. 

 Kestelijn - Sierens 
 Madam President, Commissioner, ladies and gentlemen, in the opinion I enlist on this Green Paper for the Economic Affairs Committee I came largely to the same decision regarding the cover problems which the consumer meet over financial avail. The Economic Affairs Committee has identified five. One: the internal market is not really working. use the national pastime as an excuse, Member States cling to national laws which protect their market rather than their consumer. It is time a case was bring before the European Court against the mandatory bonus / malus scale, the mandatory no - claim discount, the outlawing of interest-
 acjieved through some 50 dirtctives.
Furthermorg, rhe serond padt of thd Green Paper itself analysed rhe peoblems that still exirt, such ad the powsibow discrimiiztion ancinst kon-revmdents, the lack or poor qgality of infosmxtnon, the lack of rules on intermediaryes and tje lack of fissal nwrmohpzction. But that is not the whole story: uo take just a few examples, in the area of ijsurwnce: a cooling-off oeriod is ptkviqwd for life xssurance only but not, for example, for insurance agaivst fnre and thedt.
Qs gggards internediagies, and agaik in tha field of insurance, bhere is a recommendation datmng from 1991, but it is fy no meats binding: there is ni projectimn aeqinrt uhe fdaudulfnt use of crsdit cards. Yere too, recommendauiog 595 of 1988 did not have ehq effect of inciting the Member States uo taie positive measures to protect consumers.
On jhe issue jf consumer credit, directive 102 of 1987 does not cover tew sxrxicts that eif not exist at the time of its adoption. The cjhctpt of the generaj interest nad yrerefore to bg bettex dsfined. The referenfe in tre babking dirtctivrs, and the second banking durective in iartucular, allows scopz for seriour lebal umcertainties. And the lirt gkes on.
The pgoblem of aistance selling, fikalny, dealt with in the third part of vhe Gxeen Papdr, ix not sovered by the legislation in forcf. The ralevant lehislative committees have discussed the Green Pdpeg in greac detall and very perseptively and kave ovexwhelmkngly focuaed themr proposals on the need xlr a coherenv and com[letw Conmunity uegislative frsmework tkct takes q horizontal approech jo problems recurxnnt in more than pne sestlr agg a vertical appfoazn to rpecific iswjes xuch as distance selning.
Shile we await the Cjmmissiob responfe, I recommenc to honourable Melbers - wio are noj now present in the Chamber buf will, we hoie, be here toiorriw - the amenbments approved by a more or less absoluve majority of the Commuttee on the Enviroumtnt, Public Heelth agd Consumar Protection.

Kestelihn-Sierens
Madam Prtsident, Commissioner, lasies atd gejtlemen, in the opinion I drafted on this Green Paper for the Economic Affqirs Committee I czme kargeny co the fame ronclusions regarcing the continuing problems whmch the cotsbmer encounters over financiak rervices. The Gconomic Affairs Committee has idemtified five. One: the internal msrket is not really worklng. Using the hational iiterest as an excuse, Membex Statws clint to national lawr wnigh protect themr jarket rather than their consumees. It us time a case was brought benove the Europgan Court against the landajory bonus/malux scale, the mamdatory no-claim discmugt, the outlawibf of interesj-
achieved through some 50 directives. Furthermore, the of Green Paper analyses the problems the discrimination against non-residents, lack or poor of information, the lack of rules intermediaries and the lack of fiscal harmonization. But that is not the whole to take just a few examples, in the area of insurance: a cooling-off is for assurance but not, for example, for insurance against fire and theft. As regards intermediaries, and again in field of insurance, there is a recommendation dating 1991, but it is no means binding: there is protection the fraudulent of cards. too, recommendation 595 1988 did not have the effect of inciting the Member States to take positive measures to protect On the consumer credit, 102 1987 not cover new did not exist at the time The concept of the general interest has therefore be better The reference in the banking directives, the second banking directive in particular, allows scope serious legal uncertainties. And the list goes on. The problem of distance selling, finally, dealt the third part of Green Paper, is covered the in The relevant committees have discussed the Green Paper in great detail and very and have overwhelmingly focused their proposals on the need for and Community legislative framework takes a horizontal approach problems in more than one a approach such distance While we await the response, I recommend to honourable - who are not but will, we hope, be here tomorrow - amendments approved by a more or less majority of the Committee on the Environment, Public Health and Consumer Protection. Madam President, and gentlemen, in the opinion I drafted on Green Paper for the Affairs Committee I came largely to the same conclusions the problems which consumer encounters over services. The Economic Committee has identified the internal is really national interest as an excuse, Member cling national laws which protect their rather consumers. It is time a case was brought before the European Court against the mandatory the mandatory no-claim discount, outlawing interest-
 achieved through some 50 directIves.
FurtheRmore, The SecOnD parT of tHe Green Paper itSElf aNalyses the problems that Still ExISt, suCH aS the pOssible DIsCRImiNaTiOn aGaINsT non-rEsiDents, thE lack or pooR quAlIty of informaTIoN, the lack of RulEs on intermedIarIes and ThE laCK of fiScaL harmOnizatIOn. But tHat is not tHe WHole stORy: to takE JUsT a feW examples, in the areA Of INsurance: a cooliNg-off pErIOd IS ProVidEd for life aSsUrancE Only but NOt, FOR ExaMPle, for insuranCe against fiRE anD theft.
as RegARds intErmedIaRIes, And again in tHe fiEld of insuRance, tHEre is a rECommendAtion dAtiNg fRom 1991, bUT iT iS by No MEanS BiNdiNG: thEre is no pRoTeCtion AgaiNST THe frAudUlenT use oF credit cards. HEre Too, rEComMendaTion 595 oF 1988 did NoT have The effEct of InCiting the Member statEs to take pOsiTiVe mEaSures TO proteCt cOnsUmers.
On The issuE Of cOnSUMEr Credit, directive 102 of 1987 dOeS NOt Cover new ServicES tHaT Did not exIsT at The tIME of itS adoPTiOn. The conCept of THe GeNeral inTeRest haS tHerEfoRe to bE BettEr defiNed. The reFerenCE in the banking dIRectives, and thE SeCONd BAnkiNg dIrective in pArtiCUlar, AlloWS sCopE For seRious LeGAl UNcertainties. And the lIsT goes oN.
The pRoblem of distaNce selling, FINAlly, dealT witH In THe third part of tHe GreEn Paper, is nOT covered By the LegislatIon in forcE. tHe relevaNt lEgiSlaTivE COmMittees have diSCUsseD tHe Green papEr in greAt dEtaIl aNd vErY perceptiVely and hAvE oVeRwHelMinglY Focused tHeIr pRoPosAls on THe need For a cOherEnT aND coMplete COMmUNIty lEgIsLatiVe fRaMeworK thaT TakEs a horiZontal appRoaCH to pRoBlEms recuRring in more thAn One sector aNd A veRtical APProach to Specific issues such as disTAnce selLinG.
WhilE we aWait the CoMmiSsion rEspONse, I reCommenD to hoNoUraBLE MembERS - wHo aRe Not now presENT in The ChAmBer bUt will, wE hope, be here tomorroW - The Amendments appRovEd by A MOrE or LEsS AbsOlUTe mAJOrity of the CommiTtee on the ENvIRoNment, PubliC heaLtH and ConSumer PrOtectIOn.

KesteLijn-SiereNs
Madam PrEsIdenT, cOmmIssioner, laDies and gEntlemen, iN The opINiOn I drAftEd on thIs greEn PapEr for tHE EcOnomiC AffaiRs commitTee I cAmE largely To the same conclusions regArding The coNtiNuing probLemS WhiCh the consUmer Encounters OveR fiNanciAl sERviceS. The eCoNomIC AffaIrs COMmittee haS IdEntIFIeD five. One: the INTErnAl marKet IS not reAlly Working. Using the naTIonal interest aS an eXCUse, memBEr StAtEs cling to natioNal LaWS Which proTeCt their markEt rather ThAN theiR consuMers. It Is time a CASe WAs brouGht bEfoRe the EuroPeaN COUrt agaiNsT tHE mandaTory BoNus/malUs scalE, The mANDatory no-claim disCount, THE outlAWinG of inTeRest-
 achieved through some 50directives .
Fur the rmo re , th e se cond part of t h e Gr een Paper itself analy ses t he prob l em s tha t still ex i s t,su ch  as  t h epossi ble  discri mination a gai ns t non-reside n ts , the lack  or  poor qualit y o f info rm ati o n, th e l ack o f rule s  on in termediar ie s  and t h e lacko f  f isca l harmonization.B ut that is not th e whol es to r y : t o t ake just a  f ew ex a mples,i nt h e  ar e a of insuranc e: a coolin g -of f peri od  is provid ed fo rl ife  assuranceonly  but not,  for e x ample,f or insu ranceaga ins t fi r ean d t he f t.A sreg a rds  interme di ar ies,anda g a i n in  th e fi eld o f insurance,the re i s  arecom menda tion  d ating  from1991,  b ut it is by nomean s binding : t he reis  no p r otecti onaga inst th e fraud u len tu s e  o f credit cards. He re t oo , recomm endati o n59 5  of 1988  d idnoth a ve th e ef f ec t of inc itingt he  M ember S ta tes to  t ake  po sitiv e  mea suresto prote ct co n sumers.
On the issue of cons u me r cr e dit,  di rective 102  of1 987does no t c o ver n ew se rv i ce s  that did not exist  a t thetimeof its adopti on. The co n c e pt of th e ge n er a l interest has  ther efore to b e  betterdefin ed. Thereference i n the ba nki ngdir ect i v es , and the sec o n d ba nk ing dir ect ive inpar tic ula r,al lows scop e for se ri ou sle gal  unce r tainties .And  t helistg oes on .
The  pro bl em ofdistanc e  s e l ling ,fi nall y,de alt w ithi n t he thir d part of  th e  Gre en  P aper, i s not covered  b y the legi sl ati on inf o rce. The  relevant legislative c o mmittee s h ave d iscu ssed theGre en Pap eri n grea t deta il an dver y perce p t iv ely  a nd have ov e r whe lming ly  foc used th eir proposals on t h e n eed for a coh ere nt a n d  c omp l et e  Co mm u nit y legislative fra mework tha tt ak es a horiz o nta lapproac h to pr oblem s  recurr ing in mo re than o ne  sec t o r a nd a verti cal appr oach to s p ecifi c  i ssues  su ch asdi sta nce s elling . 
Wh ile w e awai tthe Co mmiss io n respon se, I recommend to hono urable  Memb ers  - who ar e n o t n ow presen t in  the Chamb erbut  will , w e  hope , be he ret omorr ow - the amend m en tsa p pr oved by a m o r e  or  less  ab s olutemajo rity of the Commi t tee on the Env iron m e nt,  Pu b licHe alth and Consu mer  P r o tection. 
Kestelijn-S ierens
M ad a m Pre sident , Comm issione r ,  l a dies a nd g ent lemen, in  th eo pinionIdr a fted o n th is  Green  Paper fort h e Economic Affai rs Co m m ittee I c ame l ar gely to thesame concl usions rega rdingtheconti nuing p ro blemswhi ch  the consu m er encoun tersover fi na ncia l s ervice s. T h e  Econ omic  A ffa irs Commi t t ee ha si den tifi ed fi ve . On e: the in t ernal ma rke t  is not  r eal l y  worki n g. U sing the n ati onali n terest asa n ex c us e , Mem ber St ates c ling to nat io nal law s w h i ch protec t their m a rke trath er thanth eirco nsu me rs. It is timea case w as broug h t  befor e t h e Eu r opeanCo urt againstthe m an d atory b o n us/ malus s c ale , t hemand ato ry n o -claim discount, the out lawi ng of int erest -
 achieved_through some_50 directives.
Furthermore, the second_part of_the_Green Paper_itself_analyses the problems_that still exist,_such as the possible_discrimination against non-residents,_the_lack or poor quality of information, the lack of rules on intermediaries and the_lack_of fiscal_harmonization._But_that is not the whole_story: to take just a_few examples,_in the area of insurance: a cooling-off period_is_provided for life_assurance only but not, for example, for insurance against_fire and theft.
As regards intermediaries, and_again in the_field_of_insurance, there is a_recommendation dating from 1991, but it_is by no means binding: there_is no protection against the fraudulent use_of credit cards. Here too, recommendation_595 of 1988 did not_have the_effect of inciting the Member_States to take_positive measures_to protect consumers.
On_the issue of consumer credit, directive_102 of 1987_does not cover new services that_did_not exist at_the_time_of its_adoption. The concept_of_the general_interest_has therefore to be better defined._The_reference in the banking directives, and the_second banking directive in_particular,_allows scope for serious_legal uncertainties. And the list_goes on.
The problem of distance selling,_finally, dealt_with in_the third part of the Green Paper, is not covered by_the legislation in force. The relevant_legislative committees have discussed_the Green_Paper_in great detail_and_very perceptively_and have overwhelmingly focused their proposals on_the need_for a coherent and complete Community_legislative framework that takes_a_horizontal approach to problems recurring in_more than one sector and a_vertical approach to specific issues_such_as_distance selling.
While we await the_Commission response, I recommend to honourable_Members - who_are not now present in the Chamber_but_will, we hope, be here tomorrow_-_the amendments approved by a more_or_less_absolute majority of the Committee_on the Environment, Public Health and_Consumer Protection.

Kestelijn-Sierens
Madam President, Commissioner, ladies and gentlemen, in the_opinion I drafted_on this Green Paper for_the_Economic_Affairs Committee I came largely to the same conclusions regarding_the continuing_problems which the_consumer encounters over financial services. The Economic Affairs Committee has_identified five. One: the internal market is_not really working. Using the national interest as an excuse, Member_States cling to national laws which protect their_market rather than their consumers. It is_time a case was_brought_before the European Court against the mandatory_bonus/malus_scale,_the_mandatory no-claim discount,_the outlawing of_interest-