# CE2006301EN.01010301.xml

| 12.12.2006 | EN | Official Journal of the European Union | CE 301/103 |
| --- | --- | --- | --- |

12.12.2006

EN

Official Journal of the European Union

CE 301/103

---

COMMON POSITION (EC) No 31/2006

COMMON POSITION

adopted by the Council on 14 November 2006

with a view to the adoption of Decision No .../2006/EC of the European Parliament and of the Council of ... establishing a programme of Community action in the field of consumer policy (2007-2013)

(Text with EEA relevance)

(2006/C 301 E/05)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 153 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

1

Having regard to the opinion of the Committee of the Regions (2),

2

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

3

Whereas:

| (1) | The Community can contribute to protecting the health, safety and economic and legal interests of citizens through actions in the field of consumer protection. |
| --- | --- |

(1)

The Community can contribute to protecting the health, safety and economic and legal interests of citizens through actions in the field of consumer protection.

| (2) | It is therefore appropriate to establish a programme of Community action in the field of consumer policy, replacing Decision No 20/2004/EC of the European Parliament and of the Council of 8 December 2003 establishing a general framework for financing Community actions in support of consumer policy for the years 2004 to 2007 (4). That Decision should therefore be repealed. |
| --- | --- |

(2)

It is therefore appropriate to establish a programme of Community action in the field of consumer policy, replacing Decision No 20/2004/EC of the European Parliament and of the Council of 8 December 2003 establishing a general framework for financing Community actions in support of consumer policy for the years 2004 to 2007 (4). That Decision should therefore be repealed.

4

| (3) | Integrating consumer interests in all Community policies, in accordance with Article 153 of the Treaty, should be given high priority, together with the consumer policy objectives set out in this programme. Coordination with other Community policies and programmes is a key part of ensuring that consumer interests are taken fully into account in other policies. In order to promote synergies and avoid duplication, other Community funds and programmes should provide for financial support for the integration of consumer interests in their respective fields. |
| --- | --- |

(3)

Integrating consumer interests in all Community policies, in accordance with Article 153 of the Treaty, should be given high priority, together with the consumer policy objectives set out in this programme. Coordination with other Community policies and programmes is a key part of ensuring that consumer interests are taken fully into account in other policies. In order to promote synergies and avoid duplication, other Community funds and programmes should provide for financial support for the integration of consumer interests in their respective fields.

| (4) | This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (5), for the budgetary authority during the annual budgetary procedure. |
| --- | --- |

(4)

This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (5), for the budgetary authority during the annual budgetary procedure.

5

| (5) | It is of general European interest that the health and safety aspects of services and non-food products and the economic and legal interests of citizens, as well as consumers' interests in the development of standards for products and services, be represented at Community level. Given the particular nature of the organisations concerned, the renewal of Community support for the functioning of such organisations should not be subject to the principle of gradual decrease of the extent of Community support. |
| --- | --- |

(5)

It is of general European interest that the health and safety aspects of services and non-food products and the economic and legal interests of citizens, as well as consumers' interests in the development of standards for products and services, be represented at Community level. Given the particular nature of the organisations concerned, the renewal of Community support for the functioning of such organisations should not be subject to the principle of gradual decrease of the extent of Community support.

| (6) | It is appropriate to ensure a transition between this programme and the programme it replaces, in particular regarding the continuation of multi-annual measures and the evaluation of the previous programme's successes and areas that need more attention. As of 1 January 2014, the technical and administrative assistance appropriations should cover, if necessary, the expenditure related to the management of actions not completed by the end of 2013. |
| --- | --- |

(6)

It is appropriate to ensure a transition between this programme and the programme it replaces, in particular regarding the continuation of multi-annual measures and the evaluation of the previous programme's successes and areas that need more attention. As of 1 January 2014, the technical and administrative assistance appropriations should cover, if necessary, the expenditure related to the management of actions not completed by the end of 2013.

| (7) | The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6). |
| --- | --- |

(7)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6).

6

| (8) | Implementation of the programme should take into account the fact that the internal market will not function properly if consumers are less well protected in some Member States than in others. The programme should therefore focus especially on consumer protection and consumer awareness in the Member States which have acceded on or after 1 May 2004, in order to ensure a level playing field for all Member States. |
| --- | --- |

(8)

Implementation of the programme should take into account the fact that the internal market will not function properly if consumers are less well protected in some Member States than in others. The programme should therefore focus especially on consumer protection and consumer awareness in the Member States which have acceded on or after 1 May 2004, in order to ensure a level playing field for all Member States.

| (9) | The Agreement on the European Economic Area (hereinafter referred to as ‘the EEA Agreement’) provides for cooperation in the field of consumer protection between the European Community and its Member States, on the one hand, and the countries of the European Free Trade Association participating in the European Economic Area (hereinafter referred to as ‘the EFTA/EEA countries’), on the other. Provision should also be made to open the programme to participation by other countries, in particular the neighbouring countries of the European Union and countries which are applying for, are candidates for, or are acceding to, membership of the European Union. |
| --- | --- |

(9)

The Agreement on the European Economic Area (hereinafter referred to as ‘the EEA Agreement’) provides for cooperation in the field of consumer protection between the European Community and its Member States, on the one hand, and the countries of the European Free Trade Association participating in the European Economic Area (hereinafter referred to as ‘the EFTA/EEA countries’), on the other. Provision should also be made to open the programme to participation by other countries, in particular the neighbouring countries of the European Union and countries which are applying for, are candidates for, or are acceding to, membership of the European Union.

| (10) | In the context of the implementation of the programme, cooperation with third countries not participating in the programme should be encouraged, taking into account any relevant agreements between those countries and the Community. |
| --- | --- |

(10)

In the context of the implementation of the programme, cooperation with third countries not participating in the programme should be encouraged, taking into account any relevant agreements between those countries and the Community.

| (11) | The value and impact of the measures taken under the programme should be regularly monitored and evaluated, including by independent external evaluators. For the purposes of evaluating consumer policy, measurable objectives should be formulated and indicators developed. |
| --- | --- |

(11)

The value and impact of the measures taken under the programme should be regularly monitored and evaluated, including by independent external evaluators. For the purposes of evaluating consumer policy, measurable objectives should be formulated and indicators developed.

| (12) | Since the objectives of this Decision cannot be sufficiently achieved by the Member States due to the cross-border nature of the issues involved, and can therefore by reason of the greater potential of Community action efficiently and effectively to protect the health, safety and economic and legal interests of citizens be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives, |
| --- | --- |

(12)

Since the objectives of this Decision cannot be sufficiently achieved by the Member States due to the cross-border nature of the issues involved, and can therefore by reason of the greater potential of Community action efficiently and effectively to protect the health, safety and economic and legal interests of citizens be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives,

HAVE DECIDED AS FOLLOWS:

Article 1

Establishment of the programme

A programme of Community action in the field of consumer policy covering the period from ... (7) to 31 December 2013, hereinafter referred to as ‘the Programme’, is hereby established.

7

Article 2

Aim and objectives

1.   The aim of the Programme shall be to complement, support and monitor the policies of the Member States and to contribute to protecting the health, safety and economic and legal interests of consumers, as well as to promoting their rights to information, to education and to organise themselves in order to safeguard their interests.

2.   The aim referred to in paragraph 1 shall be pursued through the following objectives:

| (a) | to ensure a high level of consumer protection, notably through improved evidence, better consultation and better representation of consumers' interests; |
| --- | --- |

(a)

to ensure a high level of consumer protection, notably through improved evidence, better consultation and better representation of consumers' interests;

| (b) | to ensure the effective application of consumer protection rules, in particular through enforcement cooperation, information, education and redress. |
| --- | --- |

(b)

to ensure the effective application of consumer protection rules, in particular through enforcement cooperation, information, education and redress.

These objectives shall be achieved through a combination of actions and instruments drawn from the list set out in Annex I according to the priorities set out in the annual work plan referred to in Article 7(2)(a).

Article 3

Funding

1.   The financial envelope for the implementation of the Programme for the period from ... (7) to 31 December 2013 is hereby set at EUR 156 800 000 (8).

7

8

2.   Annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.

Article 4

Financial contributions

1.   Financial contributions by the Community shall not exceed the following levels:

| (a) | 50 % of the costs of actions jointly financed by the Community and one or more Member States, or by the Community and the competent authorities of the third countries participating pursuant to Article 8; except in the case of actions of exceptional utility, the Community contribution to the costs of which shall not exceed 70 %; |
| --- | --- |

(a)

50 % of the costs of actions jointly financed by the Community and one or more Member States, or by the Community and the competent authorities of the third countries participating pursuant to Article 8; except in the case of actions of exceptional utility, the Community contribution to the costs of which shall not exceed 70 %;

| (b) | 85 % of the costs of actions intended to develop integrated European Master Degree courses in consumer issues; |
| --- | --- |

(b)

85 % of the costs of actions intended to develop integrated European Master Degree courses in consumer issues;

| (c) | 50 % of expenditure for the functioning of European consumer organisations; |
| --- | --- |

(c)

50 % of expenditure for the functioning of European consumer organisations;

| (d) | 95 % of expenditure for the functioning of European consumer organisations representing consumer interests in the development of standards for products and services at Community level. |
| --- | --- |

(d)

95 % of expenditure for the functioning of European consumer organisations representing consumer interests in the development of standards for products and services at Community level.

2.   Financial contributions by the Community may take the form of:

| (a) | scholarship grants for individual mobility of teachers and students in the framework of integrated European Master Degree courses in consumer issues. The management of these grants may be entrusted to the Erasmus National Agencies of the Life Long Learning programme; |
| --- | --- |

(a)

scholarship grants for individual mobility of teachers and students in the framework of integrated European Master Degree courses in consumer issues. The management of these grants may be entrusted to the Erasmus National Agencies of the Life Long Learning programme;

| (b) | travel and subsistence allowances for the exchange of enforcement officials. |
| --- | --- |

(b)

travel and subsistence allowances for the exchange of enforcement officials.

3.   The criteria for assessing whether actions exhibit exceptional utility within the meaning of paragraph 1(a) shall be established in advance in the annual work plan. Actions of exceptional utility shall benefit, in particular, consumers from Member States which acceded to the European Union on or after 1 May 2004.

4.   The renewal of financial contributions set out in paragraphs 1(c) and 1(d) shall be exempted from the principle of gradual decrease.

5.   For the purposes of paragraphs 1 and 2, financial contributions by the Community may also be given in the form of flat-rate or lump sum financing where this is suited to the nature of the actions concerned as defined in the annual work plan. In the case of flat-rate or lump sum financing, the percentage limits provided for in paragraph 1 shall not apply, although co-financing is still required.

Article 5

Beneficiaries

The classes of beneficiaries eligible for the financial contributions established in Article 4 are set out in Annex II.

Article 6

Administrative and technical assistance

1.   The financial allocation for the Programme may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities which are required directly for the management of the Programme and the achievement of its objectives; in particular, studies, meetings, information and publication actions, expenses linked to IT networks focusing on information exchange, together with all other technical and administrative assistance expenses incurred by the Commission for the management of the Programme.

2.   The financial allocation for the Programme may also cover technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted under Decision No 20/2004/EC. If necessary, appropriations may be entered in the budget beyond 2013 to cover these expenses, to enable the management of actions not completed by 31 December 2013.

Article 7

Implementation

1.   The Commission shall be responsible for the implementation of the Programme.

Actions in pursuit of the aim and objectives set out in Article 2 shall make full use of appropriate available methods of implementation including, in particular, direct or indirect implementation by the Commission on a centralised basis.

2.   The procedure referred to in Article 10(2) shall apply to the adoption of:

| (a) | the annual work plan for the implementation of the Programme, setting out;






  — | priorities and actions to be undertaken, including the allocation of financial resources, |
| --- | --- | --- |

(a)

the annual work plan for the implementation of the Programme, setting out;

—

priorities and actions to be undertaken, including the allocation of financial resources,

| — | selection and award criteria and criteria for the percentage of Community financial contributions, |
| --- | --- |

—

selection and award criteria and criteria for the percentage of Community financial contributions,

| — | use made of flat rate and lump sum financing, and |
| --- | --- |

—

use made of flat rate and lump sum financing, and

| — | the planned timing of calls for tenders, joint actions and calls for proposals; |
| --- | --- |

—

the planned timing of calls for tenders, joint actions and calls for proposals;

| (b) | the arrangements, including selection and award criteria, for the implementation of the actions referred to in Article 4(1)(a). |
| --- | --- |

(b)

the arrangements, including selection and award criteria, for the implementation of the actions referred to in Article 4(1)(a).

3.   The Commission shall inform the Committee referred to in Article 10 of the actions undertaken in the implementation of the Programme.

Article 8

Participation of third countries

The Programme shall be open to the participation of:

| (a) | the EFTA/EEA countries, in accordance with the conditions established in the EEA Agreement; |
| --- | --- |

(a)

the EFTA/EEA countries, in accordance with the conditions established in the EEA Agreement;

| (b) | third countries, in particular countries to which the European Neighbourhood Policy applies, countries that are applying for, are candidates for, or are acceding to, membership of the European Union, and the western Balkan countries included in the stabilisation and association process, in accordance with the conditions laid down in the respective bilateral or multilateral agreements with those countries establishing the general principles for their participation in Community programmes. |
| --- | --- |

(b)

third countries, in particular countries to which the European Neighbourhood Policy applies, countries that are applying for, are candidates for, or are acceding to, membership of the European Union, and the western Balkan countries included in the stabilisation and association process, in accordance with the conditions laid down in the respective bilateral or multilateral agreements with those countries establishing the general principles for their participation in Community programmes.

Article 9

Monitoring, evaluation and dissemination of results

1.   The Commission, in close cooperation with the Member States, shall monitor the implementation of the actions of the Programme in the light of its objectives. It shall report thereon to the Committee referred to in Article 10, and shall keep the European Parliament and the Council informed thereof.

2.   At the request of the Commission, Member States shall submit to it information on the implementation and impact of the Programme.

3.   The Commission shall ensure that the Programme is evaluated three years after its start, and following its end. The Commission shall communicate the results of those evaluations, accompanied by its comments, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

The Commission shall make the results of actions undertaken pursuant to this Decision publicly available.

Article 10

Committee procedure

1.   The Commission shall be assisted by a Committee.

2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.   The Committee shall adopt its rules of procedure.

Article 11

Repeal

Decision No 20/2004/EC is hereby repealed.

Article 12

Entry into force

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

Done at ...,

For the European Parliament

The President

...

For the Council

The President

...

---

(1)  OJ C 88, 11.4.2006, p. 1.

1

(2)  OJ C 192, 16.8.2006, p. 8.

2

(3)  Opinion of the European Parliament of 23 March 2006 (not yet published in the Official Journal), Common Position of the Council of 14 November 2006 and Position of the European Parliament of ... (not yet published in the Official Journal).

3

(4)  OJ L 5, 9.1.2004, p. 1. Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

4

(5)  OJ C 139, 14.6.2006, p. 1.

5

(6)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision No 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

6

(7)  The date of entry into force of this Decision.

7

(8)  This amount is based on 2004 figures and shall be subject to technical adjustment to take account of inflation.

8

---

ANNEX I

ACTIONS AND INSTRUMENTS REFERRED TO IN ARTICLE 2

Objective I

To ensure a high level of consumer protection, notably through improved evidence, better consultation and better representation of consumers' interests.

Action 1

The collection, exchange, and analysis of data and information that provide an evidence base for the development of consumer policy and for the integration of consumer interests in other Community policies, including:

| 1.1. | Monitoring and assessment of market developments with an impact on the economic and other interests of consumers, including studies, price surveys, surveys of changes in the structure of markets, surveys of consumers and business, collection and analysis of consumer complaints, collection and analysis of data on cross-border business-to-consumer trade and markets. |
| --- | --- |

1.1.

Monitoring and assessment of market developments with an impact on the economic and other interests of consumers, including studies, price surveys, surveys of changes in the structure of markets, surveys of consumers and business, collection and analysis of consumer complaints, collection and analysis of data on cross-border business-to-consumer trade and markets.

| 1.2. | Development and maintenance of databases. |
| --- | --- |

1.2.

Development and maintenance of databases.

| 1.3. | Collection and analysis of statistical and other relevant evidence, the statistical element of which will be developed using as appropriate the Community Statistical Programme. |
| --- | --- |

1.3.

Collection and analysis of statistical and other relevant evidence, the statistical element of which will be developed using as appropriate the Community Statistical Programme.

Action 2

The collection, exchange, analysis of data and information, and development of assessment tools that provide an evidence base on the safety of consumer goods and services, including consumer exposure to chemicals released from products, risks and injuries in relation to specific consumer products and services, and technical analysis of alert notifications.

Action 3

Support for scientific advice and risk evaluation, including the tasks of the independent scientific committees established by Commission Decision 2004/210/EC of 3 March 2004 setting up Scientific Committees in the field of consumer safety, public health and the environment (1).

Action 4

Preparation of legislative and other regulatory initiatives and promotion of co-regulatory and self-regulatory initiatives, including:

| 4.1. | Legal and technical expertise, including studies, in relation to regulation and its impact. |
| --- | --- |

4.1.

Legal and technical expertise, including studies, in relation to regulation and its impact.

| 4.2. | Legal and technical expertise, including studies, in relation to policy development on the safety of products and services and the economic and legal interests of consumers. |
| --- | --- |

4.2.

Legal and technical expertise, including studies, in relation to policy development on the safety of products and services and the economic and legal interests of consumers.

| 4.3. | Legal and technical expertise, including studies, in relation to assessment of the need for product safety standards and the drafting of standardisation mandates for products and services. |
| --- | --- |

4.3.

Legal and technical expertise, including studies, in relation to assessment of the need for product safety standards and the drafting of standardisation mandates for products and services.

| 4.4. | Seminars, conferences, workshops and meetings of stakeholders and experts. |
| --- | --- |

4.4.

Seminars, conferences, workshops and meetings of stakeholders and experts.

Action 5

Financial contributions to the functioning of European consumer organisations.

Action 6

Financial contributions to the functioning of European consumer organisations representing consumer interests in the development of standards for products and services at Community level.

Action 7

Capacity building for regional, national and European consumer organisations, notably through training and exchange of best practice and expertise for staff members, in particular for consumer organisations in Member States which acceded to the European Union on or after 1 May 2004.

Objective II

To ensure the effective application of consumer protection rules, in particular through enforcement cooperation, information, education and redress.

Action 8

Actions to improve the effective application of Community consumer protection legislation, in particular Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (2) and Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (3), including:

| 8.1. | Actions to improve the coordination of monitoring and enforcement and to improve cooperation between competent authorities, including the development and maintenance of IT tools (e.g. databases, information and communication systems) and the organisation of seminars, conferences, workshops and meetings of stakeholders and experts on enforcement, exchanges of enforcement officials and training, also for members of the judiciary. |
| --- | --- |

8.1.

Actions to improve the coordination of monitoring and enforcement and to improve cooperation between competent authorities, including the development and maintenance of IT tools (e.g. databases, information and communication systems) and the organisation of seminars, conferences, workshops and meetings of stakeholders and experts on enforcement, exchanges of enforcement officials and training, also for members of the judiciary.

| 8.2. | Monitoring and assessment of the safety of non-food products and services, including the reinforcement and extension of the scope and operation of the RAPEX alert system, taking developments in market surveillance information exchange into account, and the further development of the consumer product safety network as provided for in Directive 2001/95/EC. |
| --- | --- |

8.2.

Monitoring and assessment of the safety of non-food products and services, including the reinforcement and extension of the scope and operation of the RAPEX alert system, taking developments in market surveillance information exchange into account, and the further development of the consumer product safety network as provided for in Directive 2001/95/EC.

| 8.3. | Joint monitoring and enforcement actions and other actions in the context of administrative and enforcement cooperation. |
| --- | --- |

8.3.

Joint monitoring and enforcement actions and other actions in the context of administrative and enforcement cooperation.

| 8.4. | Actions for administrative and enforcement cooperation with third countries which are not participating in the programme. |
| --- | --- |

8.4.

Actions for administrative and enforcement cooperation with third countries which are not participating in the programme.

Action 9

Legal and technical expertise, including studies, for the monitoring and assessment of the transposition, implementation and enforcement of consumer protection legislation by Member States, notably Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (4) and Regulation (EC) No 2006/2004. This also includes the development and maintenance of easily and publicly accessible databases covering the implementation of Community consumer protection legislation.

Action 10

Actions on information, advice and redress, including:

| 10.1. | Monitoring the functioning of alternative dispute resolution schemes and assessing their impact. |
| --- | --- |

10.1.

Monitoring the functioning of alternative dispute resolution schemes and assessing their impact.

| 10.2. | Financial contributions for joint actions with public or non-profit bodies constituting Community networks which provide information and assistance to consumers to help them exercise their rights and obtain access to appropriate dispute resolution (the European Consumer Centres Network). |
| --- | --- |

10.2.

Financial contributions for joint actions with public or non-profit bodies constituting Community networks which provide information and assistance to consumers to help them exercise their rights and obtain access to appropriate dispute resolution (the European Consumer Centres Network).

| 10.3. | Actions improving communication with EU citizens on consumer issues, especially in Member States which acceded to the European Union on or after 1 May 2004, including publications on issues of interest for consumer policy, provision of information on-line, and actions providing information about consumer protection measures and consumer rights. |
| --- | --- |

10.3.

Actions improving communication with EU citizens on consumer issues, especially in Member States which acceded to the European Union on or after 1 May 2004, including publications on issues of interest for consumer policy, provision of information on-line, and actions providing information about consumer protection measures and consumer rights.

Action 11

Actions on consumer education, including:

| 11.1. | Specific actions targeted at young consumers, old consumers and vulnerable groups of consumers who are clearly less able to defend their interests, and the development of interactive tools for consumer education. |
| --- | --- |

11.1.

Specific actions targeted at young consumers, old consumers and vulnerable groups of consumers who are clearly less able to defend their interests, and the development of interactive tools for consumer education.

| 11.2. | Financial contributions to the development of integrated European Master Degree courses in consumer issues, including a scheme of scholarships enabling students to spend up to six months in a different country. |
| --- | --- |

11.2.

Financial contributions to the development of integrated European Master Degree courses in consumer issues, including a scheme of scholarships enabling students to spend up to six months in a different country.

---

(1)  OJ L 66, 4.3.2004, p. 45.

(2)  OJ L 11, 15.1.2002, p. 4.

(3)  OJ L 364, 9.12.2004, p. 1. Regulation as amended by Directive 2005/29/EC (OJ L 149, 11.6.2005, p. 22).

(4)  OJ L 149, 11.6.2005, p. 22.

---

ANNEX II

BENEFICIARIES ELIGIBLE FOR THE FINANCIAL CONTRIBUTIONS ESTABLISHED IN ARTICLE 4

| 1. | The financial contributions for actions referred to in Article 4(1)(a) may be awarded to a public body or a non-profit-making body designated through a transparent procedure by the Member State or the competent authority concerned and agreed by the Commission. |
| --- | --- |

1.

The financial contributions for actions referred to in Article 4(1)(a) may be awarded to a public body or a non-profit-making body designated through a transparent procedure by the Member State or the competent authority concerned and agreed by the Commission.

| 2. | The financial contributions for actions referred to in Article 4(1)(b) may be awarded to higher education institutions of the Member States or third countries participating pursuant to Article 8, as defined in Article 2 of Decision No 2317/2003/EC of the European Parliament and of the Council of 5 December 2003 establishing a programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008) (1). |
| --- | --- |

2.

The financial contributions for actions referred to in Article 4(1)(b) may be awarded to higher education institutions of the Member States or third countries participating pursuant to Article 8, as defined in Article 2 of Decision No 2317/2003/EC of the European Parliament and of the Council of 5 December 2003 establishing a programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008) (1).

| 3. | The financial contributions for actions referred to in Article 4(2)(a) may be awarded to students and teachers participating in the integrated European Master Degree courses in consumer issues benefiting from co-financing under Article 4(1)(b). |
| --- | --- |

3.

The financial contributions for actions referred to in Article 4(2)(a) may be awarded to students and teachers participating in the integrated European Master Degree courses in consumer issues benefiting from co-financing under Article 4(1)(b).

| 4. | The financial contributions for actions referred to in Article 4(2)(b) may be awarded to the consumer protection enforcement officials referred to in Regulation (EC) No 2006/2004 and Directive 2001/95/EC. |
| --- | --- |

4.

The financial contributions for actions referred to in Article 4(2)(b) may be awarded to the consumer protection enforcement officials referred to in Regulation (EC) No 2006/2004 and Directive 2001/95/EC.

| 5. | The financial contributions for actions referred to in Article 4(1)(c) may be awarded to European consumer organisations which:






  (a) | are non-governmental, non-profit making, independent of industry, commercial and business or other conflicting interests, and have as their primary objectives and activities the promotion and protection of the health, safety and economic and legal interests of consumers in the Community; |
| --- | --- | --- |

5.

The financial contributions for actions referred to in Article 4(1)(c) may be awarded to European consumer organisations which:

(a)

are non-governmental, non-profit making, independent of industry, commercial and business or other conflicting interests, and have as their primary objectives and activities the promotion and protection of the health, safety and economic and legal interests of consumers in the Community;

| (b) | have been mandated to represent the interests of consumers at Community level by national consumer organisations in at least half of the Member States that are representative, in accordance with national rules or practice, of consumers and are active at regional or national level; and |
| --- | --- |

(b)

have been mandated to represent the interests of consumers at Community level by national consumer organisations in at least half of the Member States that are representative, in accordance with national rules or practice, of consumers and are active at regional or national level; and

| (c) | have provided to the Commission satisfactory accounts of their membership, internal rules and sources of funding. |
| --- | --- |

(c)

have provided to the Commission satisfactory accounts of their membership, internal rules and sources of funding.

| 6. | The financial contributions for actions referred to in Article 4(1)(d) may be awarded to European consumer organisations which:






  (a) | are non-governmental, non-profit-making, independent of industry, commercial and business or other conflicting interests, and have as their primary objectives and activities to represent consumer interests in the standardisation process at Community level; |
| --- | --- | --- |

6.

The financial contributions for actions referred to in Article 4(1)(d) may be awarded to European consumer organisations which:

(a)

are non-governmental, non-profit-making, independent of industry, commercial and business or other conflicting interests, and have as their primary objectives and activities to represent consumer interests in the standardisation process at Community level;

| (b) | have been mandated in at least two thirds of the Member States to represent the interests of consumers at Community level:






  — | by bodies representative, in accordance with national rules or practice, of national consumer organisations in the Member States, or |
| --- | --- | --- |

(b)

have been mandated in at least two thirds of the Member States to represent the interests of consumers at Community level:

—

by bodies representative, in accordance with national rules or practice, of national consumer organisations in the Member States, or

| — | in the absence of the bodies, referred to in the first indent, by national consumer organisations in the Member States that are representative, in accordance with national rules or practice, of consumers and are active at national level; |
| --- | --- |

—

in the absence of the bodies, referred to in the first indent, by national consumer organisations in the Member States that are representative, in accordance with national rules or practice, of consumers and are active at national level;

| (c) | have provided to the Commission satisfactory accounts of their membership, internal rules and sources of funding. |
| --- | --- |

(c)

have provided to the Commission satisfactory accounts of their membership, internal rules and sources of funding.

---

(1)  OJ L 345, 31.12.2003, p. 1.

---

STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

| 1. | On 15 April 2005, the Commission forwarded to the Council and to the European Parliament a proposal (1) for a Decision of the European Parliament and of the Council, based on Article 153 of the Treaty, establishing a Programme of Community action in the field of Health and Consumer protection 2007-2013. |
| --- | --- |

1.

On 15 April 2005, the Commission forwarded to the Council and to the European Parliament a proposal (1) for a Decision of the European Parliament and of the Council, based on Article 153 of the Treaty, establishing a Programme of Community action in the field of Health and Consumer protection 2007-2013.

| 2. | The opinions of the European Economic and Social Committee and the Committee of the Regions were adopted respectively on 14-15 February 2006 (2) and 16 February 2006 (3). |
| --- | --- |

2.

The opinions of the European Economic and Social Committee and the Committee of the Regions were adopted respectively on 14-15 February 2006 (2) and 16 February 2006 (3).

| 3. | The European Parliament first reading Opinion was adopted on 23 March 2006 (4). |
| --- | --- |

3.

The European Parliament first reading Opinion was adopted on 23 March 2006 (4).

| 4. | Following the adoption on 17 May 2006 by the Council and the European Parliament of the Interinstitutional Agreement on the 2007-2013 Financial Perspective, the Commission submitted on 29 May 2006 an amended proposal (5). |
| --- | --- |

4.

Following the adoption on 17 May 2006 by the Council and the European Parliament of the Interinstitutional Agreement on the 2007-2013 Financial Perspective, the Commission submitted on 29 May 2006 an amended proposal (5).

| 5. | On 14 November 2006, the Council adopted its Common Position in accordance with Article 251(2) of the Treaty. |
| --- | --- |

5.

On 14 November 2006, the Council adopted its Common Position in accordance with Article 251(2) of the Treaty.

II.   OBJECTIVE

The new programme for Community action in the field of consumer policy for the period 2007-2013 is to replace the current programme established by the Decision No 20/2004/EC. The two key objectives of the programme are to ensure

| — | a high level of consumer protection, notably through improved evidence, better consultation and better representation of consumers' interests (Objective I ), and |
| --- | --- |

—

a high level of consumer protection, notably through improved evidence, better consultation and better representation of consumers' interests (Objective I ), and

| — | the effective application of consumer protection rules notably through enforcement cooperation, information, education and redress (Objective II). |
| --- | --- |

—

the effective application of consumer protection rules notably through enforcement cooperation, information, education and redress (Objective II).

These objectives will be implemented through a combination of 11 actions listed in Annex I that represent a high degree of continuation with respect to the present programme. Concrete priorities and actions, as well as other aspects of the programme's implementation (e.g. allocation of financial resources, selection and award criteria for the percentage of the Community contribution, the planned timing of calls for tenders, the joint actions and the calls for proposals), will be selected annually in the work programme in consultation with the programme Committee.

The total amount of the budget allocated to the programme stands at EUR 138.8 million in 2004 prices (i.e. EUR 156,8 million in current prices).

III.   ANALYSIS OF THE COMMON POSITION

1.   General remarks

In general, the Council has followed the European Parliament's first reading Opinion that was incorporated to a large extent in the Commission's amended proposal. In particular, the Council agreed to the split of the Commission's original proposal into two separate programmes (one in the field of health and one in the field of consumer protection).

The Council also accepted the budget for the Programme proposed by the Commission as mentioned in section II above.

The Commission has accepted the common position agreed by the Council.

2.   European Parliament Amendments

In its plenary vote on 23 March 2006, the European Parliament adopted 56 Amendments to the Commission's initial proposal. The large majority of these amendments were integrated in the Commission's amended proposal with respect of which the Council has not introduced any important changes.

The Council:

| (a) | Introduced in the common position 18 Amendments related to the split of the Commission's original proposal into two separate programmes, as follows:






  (i) | Amendments accepted in full:
  Amendment 2 (on Citation 1);
  Amendment 5 (on Recital 3);
  Amendment 6 (on Recital 4);
  Amendment 7 (on Recital 5): this Recital is now Recital 3;
  Amendment 11 (on Recital 9);
  Amendment 31 (on Annex 1);
  Amendment 32 (on Annex 2); |
| --- | --- | --- |

(a)

Introduced in the common position 18 Amendments related to the split of the Commission's original proposal into two separate programmes, as follows:

(i)

Amendments accepted in full:

Amendment 2 (on Citation 1);

Amendment 5 (on Recital 3);

Amendment 6 (on Recital 4);

Amendment 7 (on Recital 5): this Recital is now Recital 3;

Amendment 11 (on Recital 9);

Amendment 31 (on Annex 1);

Amendment 32 (on Annex 2);

| (ii) | Amendments reworded or accepted in part:
  Amendment 1 (on Title): the new Title;
  Amendment 3 (on Recital 1): the new wording of Recital 1;
  Amendment 4 (on Recital 2): the new wording of Recital 2;
  Amendment 9 (on Recital 7): the new wording of Recital 1;
  Amendment 15 (on Recital 13): the new wording of Recital 12;
  Amendment 18 (on Article 1): the new wording of Article 1;
  Amendment 19 (on Article 2(1)): partly taken into consideration, with drafting modifications, in the new wording of Article 2(1);
  Amendments 20 and 55 (on Article 2(2)): the thrust of these amendments has been taken into consideration in the new wording of Article 2(2);
  Amendment 29 (on Article 11): partly taken into consideration in the new wording of Article 11;
  Amendment 40 (on Annex III, Objective III, Action 7, new point 7.3a)): the new wording of Annex I, Objective I, Action 3;
  The 7 other Amendments related to the split (27, 30, 46, 45, 51, 52 and 53) were rejected by the Council as a result of the reduced number of objectives in the Commission's amended proposal and the Interinstitutional Agreement on the 2007-2013 Financial Perspective. |
| --- | --- |

(ii)

Amendments reworded or accepted in part:

Amendment 1 (on Title): the new Title;

Amendment 3 (on Recital 1): the new wording of Recital 1;

Amendment 4 (on Recital 2): the new wording of Recital 2;

Amendment 9 (on Recital 7): the new wording of Recital 1;

Amendment 15 (on Recital 13): the new wording of Recital 12;

Amendment 18 (on Article 1): the new wording of Article 1;

Amendment 19 (on Article 2(1)): partly taken into consideration, with drafting modifications, in the new wording of Article 2(1);

Amendments 20 and 55 (on Article 2(2)): the thrust of these amendments has been taken into consideration in the new wording of Article 2(2);

Amendment 29 (on Article 11): partly taken into consideration in the new wording of Article 11;

Amendment 40 (on Annex III, Objective III, Action 7, new point 7.3a)): the new wording of Annex I, Objective I, Action 3;

The 7 other Amendments related to the split (27, 30, 46, 45, 51, 52 and 53) were rejected by the Council as a result of the reduced number of objectives in the Commission's amended proposal and the Interinstitutional Agreement on the 2007-2013 Financial Perspective.

| (b) | Introduced in the common position 20 Amendments which were not related to the split of the proposal, as follows:






  (i) | Amendments accepted in full:
  Amendment 34 (on Annex 3, title) this Annex is now Annex I. |
| --- | --- | --- |

(b)

Introduced in the common position 20 Amendments which were not related to the split of the proposal, as follows:

(i)

Amendments accepted in full:

Amendment 34 (on Annex 3, title) this Annex is now Annex I.

| (ii) | Amendments reworded or accepted in part:
  Amendment 8 (on Recital 6): partly taken into consideration in the new wording of Recital 5;
  Amendment 10 (on a new Recital 8a)): the new wording of Recital 8;
  Amendment 13 (on Recital 12): the new wording of Recital 11;
  Amendment 16 (on Recital 14): the thrust of this amendment has been taken into consideration in the new wording of Recital 6;
  Articles:
  Amendment 21 (on Article 3(2a)): partly taken into consideration in the new wording of Article 4(1a);
  Amendment 22 (on Article 3(2b)): partly taken into consideration in the new wording of Article 4(1c);
  Amendment 23 (on Article 3(2, new point ba)): the new wording of Article 4(1d);
  Amendment 24 (on Article 3, new paragraph 2a): partly taken into consideration in the new wording of Article 4(4);
  Amendment 26 (on Article 3(new paragraph 4a): the new wording of Article 4(3);
  Amendment 28 (on Article 7(1a)): the new wording of Article 7(2a, second indent);
  Annexes:
  Amendment 35 (on Annex III, Objective I, Action 3): the new wording of Annex I, Objective I, Action 2;
  Amendment 41 (on Annex III, Objective III, Action 7, new point 7.4a)): the thrust of this amendment has been taken into consideration in the new wording of Annex I, Objective I, Action 2;
  Amendment 42 (on Annex III, Objective III, Action 7, new point 7.4b)): the thrust of this amendment has been taken into consideration in the new wording of Annex I, Objective I, Action 1.1;
  Amendment 43 (on Annex III, Objective III, Action 9): the new wording of Annex I, Objective II, Action 9;
  Amendment 44 (on Annex III, Objective III, Action 10): the thrust of this amendment has been taken into consideration in the new wording of Annex I, Objective I, Action 7;
  Amendment 47 (on Annex III, Objective IV, Action 12): the thrust of this amendment has been taken into consideration in the new wording of Annex I, Objective II, Action 11.1;
  Amendment 48 (on Annex III, Objective IV, Action 13): the thrust of this amendment has been taken into consideration in the new wording of Annex I, Objective II, Action 11.1;
  Amendment 50 (on Annex III, Objective IV, new Action 18a)): the thrust of this amendment has been taken into consideration in the new wording of Annex I, Objective I, Action 7;
  Amendment 33 (on new Annex IIIa): the thrust of this amendment has been taken into consideration in the wording of new Annex II. |
| --- | --- |

(ii)

Amendments reworded or accepted in part:

Amendment 8 (on Recital 6): partly taken into consideration in the new wording of Recital 5;

Amendment 10 (on a new Recital 8a)): the new wording of Recital 8;

Amendment 13 (on Recital 12): the new wording of Recital 11;

Amendment 16 (on Recital 14): the thrust of this amendment has been taken into consideration in the new wording of Recital 6;

Articles:

Amendment 21 (on Article 3(2a)): partly taken into consideration in the new wording of Article 4(1a);

Amendment 22 (on Article 3(2b)): partly taken into consideration in the new wording of Article 4(1c);

Amendment 23 (on Article 3(2, new point ba)): the new wording of Article 4(1d);

Amendment 24 (on Article 3, new paragraph 2a): partly taken into consideration in the new wording of Article 4(4);

Amendment 26 (on Article 3(new paragraph 4a): the new wording of Article 4(3);

Amendment 28 (on Article 7(1a)): the new wording of Article 7(2a, second indent);

Annexes:

Amendment 35 (on Annex III, Objective I, Action 3): the new wording of Annex I, Objective I, Action 2;

Amendment 41 (on Annex III, Objective III, Action 7, new point 7.4a)): the thrust of this amendment has been taken into consideration in the new wording of Annex I, Objective I, Action 2;

Amendment 42 (on Annex III, Objective III, Action 7, new point 7.4b)): the thrust of this amendment has been taken into consideration in the new wording of Annex I, Objective I, Action 1.1;

Amendment 43 (on Annex III, Objective III, Action 9): the new wording of Annex I, Objective II, Action 9;

Amendment 44 (on Annex III, Objective III, Action 10): the thrust of this amendment has been taken into consideration in the new wording of Annex I, Objective I, Action 7;

Amendment 47 (on Annex III, Objective IV, Action 12): the thrust of this amendment has been taken into consideration in the new wording of Annex I, Objective II, Action 11.1;

Amendment 48 (on Annex III, Objective IV, Action 13): the thrust of this amendment has been taken into consideration in the new wording of Annex I, Objective II, Action 11.1;

Amendment 50 (on Annex III, Objective IV, new Action 18a)): the thrust of this amendment has been taken into consideration in the new wording of Annex I, Objective I, Action 7;

Amendment 33 (on new Annex IIIa): the thrust of this amendment has been taken into consideration in the wording of new Annex II.

| (c) | Did not include 18 Amendments (12, 14, 17, 25, 27, 59, 30, 36, 37, 38, 39, 46, 45, 49, 51, 52, 53 and 54) in the common position.
  The Council followed the position expressed by the Commission on these Amendments, except on Amendment 54 which was accepted in full by the Commission but not included in the common position, following the tightening of the definitions of consumer Objectives in the Commission's amended proposal. |
| --- | --- |

(c)

Did not include 18 Amendments (12, 14, 17, 25, 27, 59, 30, 36, 37, 38, 39, 46, 45, 49, 51, 52, 53 and 54) in the common position.

The Council followed the position expressed by the Commission on these Amendments, except on Amendment 54 which was accepted in full by the Commission but not included in the common position, following the tightening of the definitions of consumer Objectives in the Commission's amended proposal.

IV.   CONCLUSION

The Council considers that its common position, which incorporates the Amendments mentioned in Sections III.2.(a) and (b), takes good account of the first reading Opinion of the European Parliament.

The common position represents a balance of concerns and interests ensuring that the objectives of the programme could be implemented through a tightened number of actions and instruments as well as more accurate methods and procedures which have been reformulated in line with the European Parliament's first reading Opinion, the Commission's amended proposal and the existing consumer programme (Decision No 20/2004/EC).

It also ensures the protection of the consumer as this Decision will improve the effectiveness of Community actions and make them more visible.

---

(1)  8064/05.

(2)  OJ C 88, 11.4.2006, p.1.

(3)  OJ C 192, 16.8.2006, p.8.

(4)  7538/06.

(5)  9909/06.

---