European Union - Twelfth Report

---

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords to be printed 22 March 2005.

CONTENTS

Terms of Reference

Abstract

Chapter 1: Summary

The 2004 Communication

The acquis

Problems with the acquis

The Communication—the main elements

Political mandate—The Hague Programme

Purpose of report

Conclusions

UK Presidency

Conduct of inquiry

Chapter 2: Background

(i) The 2001 Communication

(ii) The 2003 Action Plan

(iii) The acquis

(iv) International research work

Chapter 3: The Common Frame of Reference

Introduction

The political context

Problems to be addressed by the CFR

The CFR—content

Sale and insurance

The CFR—its sources

Commission's claims for the CFR

(i) Better regulation

(ii) Review of consumer acquis

(iii) Relationship with harmonisation

(iv) Arbitration

Toolboxes, textbooks and thesauruses

Not just a technical exercise

(i) A European civil code—the CFR a Trojan Horse?

(ii) Decisions on the detail

(iii) Use of CFR

The Commission's proposals—a fourth element

Chapter 4: The Common Frame of Reference—the Production Process

Production of the CFR

The research groups

Network of Member States Experts on the CFR

The stakeholder experts

The "lottery"

The work programme

The time factor

CFR resources/costs

Chapter 5: Standard Terms and Conditions

The proposal

A damp squib?

Role of the Commission

Chapter 6: The Optional Instrument  

The Action Plan

Reactions to the optional instrument

Relationship with the CFR

Opt in or opt out

Vires

Effect on English law

A legislative instrument?

Chapter 7: Detailed Conclusions and Recommendations

The CFR and reform of the acquis

STCs

The optional instrument

Appendix 1: Sub-Committee E (Law and Institutions)

Appendix 2: List of Witnesses

Appendix 3: Reports

ORAL EVIDENCE

MINUTES OF EVIDENCE

Wednesday 12 January 2005

Wednesday 19 January 2005

Wednesday 2 February 2005

Wednesday 9 February 2005

Written evidence

Professor Hugh Beale, University of Warwick, Law Commissioner

Oral evidence, 12 January 2005

Professor Geraint Howells, Lancaster University and Mr Ajay Patel, Which?

Written evidence

Oral evidence, 19 January 2005

Mr Charles Clark, Linklaters, and Ms Susannah Haan, CBI

Oral evidence, 2 February 2005

Supplementary written evidence

Baroness Ashton of Upholland, Parliamentary Under Secretary of State, Department for Constitutional Affairs

Written evidence

Oral evidence, 9 February 2005

WRITTEN EVIDENCE

Clifford Chance

Robert Madelin, Director-General of the Health and Consumer Protection Directorate-General, European Commission

The Law Society

Dr Christian Twigg-Flesner, University of Hull

NOTE: Pages of the Report and Appendices are numbered in bold type; pages of evidence are numbered in ordinary type. References in the text of the Report are as follows:

(Q) refers to a question in oral evidence

(p) refers to a page of the Report or Appendices or to a page of evidence

---