COUNCIL RESOLUTION of 13 July 1992 on future priorities for the development of consumer protection policy (92/C 186/01)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Whereas the improvement of the quality of life implies, inter alia, protecting the health, safety and economic interests of consumers and informing and educating them;

Whereas measures taken under Article 100a of the Treaty must provide for a high level of consumer protection, particularly in the case of consumer health and safety;

Whereas, in addition, the Maastricht European Council considered that consumer protection should be included among the Community's policies;

Whereas a resolution of the European Parliament on the need to enhance consumer and public health protection for the realization of the internal market was adopted on 11 March 1992;

Whereas the Council resolution of 9 November 1989 set out future priorities for a relaunch of consumer protection policy which continue to be valid;

Whereas the Three Year Action Plan (1990 to 1992) of the Commission has been progressively implemented but not yet fully realized;

Whereas the Commission should be asked to draw up a further plan to address consumer protection policy issues in the years ahead taking account of the priority measures in the previous plans which have not yet been carried out, technological and socio-economic changes and the need to develop the European Community;

Whereas the goods and services supplied to consumers must not endanger or put at risk consumer health and safety;

Whereas the consumer's freedom to choose from a diverse range of goods and services should be assured by improved information;

Whereas consumers' capacity to choose should be enhanced by fostering education programmes at the appropriate levels;

Whereas further measures to secure consumer confidence in the operation of the single market are required particularly in the areas of transparency, information, guarantees and warranties;

Whereas it is important to promote consumer redress within the meaning of the resolution of 25 June 1987 on consumer redress (1) and the resolution of 9 November 1989 on future priorities for relaunching consumer protection policy (2);

Whereas it is important to ensure enforcement of Community legislation and constant monitoring of its effect on consumers;

Whereas the implementation of the single market will require greater attention to be paid to the quality of services and goods, in particular as regards foodstuffs;

Whereas it is necessary to take consumers' interests into account in the other Community policies and to have a thorough knowledge of the impact of the internal market on consumers;

Whereas consumers' capacity to defend their interests should be strengthened, in particular so as to settle transfrontier consumer disputes, including by the development of transfrontier information centres;

Whereas consumers' capacity to benefit from the various possibilities of the single market should be enhanced by fostering the development of consumer associations;

INVITES the Commission as soon as possible measures to create consumer confidence in the single market, in particular as regards greater transparency, information, health and safety and protection of the economic interests of consumers; also invites the Commission to look further into the question of unfair advertising with a view to submitting a relevant proposal to it;

INVITES the Commission, having regard to these priorities and those listed in the Annex to this resolution, to present by 31 December 1992 at the latest a report assessing the current plan of action and, on that basis, a proposal for a further plan of action covering the period 1993 to 1997, designed to develop the consumer protection policy and to achieve these objectives;

AGREES to encourage the Commission to submit to it proposals to improve consumer information;

INVITES the Member States also to promote consumer information and education camapigns;

NOTES the Commission's intention of examining the feasibility of a 'European Year of the Consumer'.

(1) OJ No C 176, 4. 7. 1987, p. 2.

(2) OJ No C 294, 22. 11. 1989, p. 1.

ANNEX

PRIORITIES FOR THE POLICY OF CONSUMER PROTECTION PROMOTION OF CONSUMERS' INTERESTS 1. Integration into other common policies of the policy of consumer protection and promotion of consumers' interests:

- completion of the comprehensive study of the consequences of the realization of the internal market for consumers,

- drawing up an adequate impact assessment concerning proposals particularly sensitive for the consumer,

- stepping up taking into account consumer interests in standards-setting and certification procedures,

- protection of consumer interests, particularly as regards food, financial services and payment systems.

2. Consumer information and education:

- consumer information and education on the single market, designed to safeguard consumers' interests and rights,

- better information on services to consumers, particularly by developing transfrontier information centres,

- improving price transparency of services, particularly of the professions and financial services,

- consumer information on programmes of recycling, rational use of natural resources and use of ecological labelling.

3. Legal redress

Without prejudice to national provisions on the matter, encouragement of Member States to facilitate legal redress:

- simplification of procedures for setting consumer disputes,

- legal aid for consumers in respect of cases brought before the European courts,

- access for consumer organizations having, under national law, a legitimate interest in the matter to courts in the Member States according to the lex fori of the court to which the case is referred.

4. Safety and health:

- development of any necessary harmonized systems to ensure that safety and health legislation is being effectively applied,

- fostering the levelling-up of scientific know-how and practices of consumer-product inspectors in the Member States,

- further harmonization of the packaging, labelling and classification of products.

5. Representation of consumers:

- stronger representation of consumers at all levels in order to improve dialogue between various economic operators,

- fostering the development of Community-wide consumer associations.

6. Economic interests:

- improvement of application of Community consumer legislation,

- planning the approximation of guarantee arrangements and improvement of after-sales services for goods and services in the internal market,

- improvement of the quality and transparency of payment systems,

- examination of the question of excessive consumer indebtedness,

- taking into account the consumer's interests in promoting conditions favouring free competition in the internal market,

- assessment of the usefulness and desirability of approximating guarantee arrangements and improving after-sales services for goods and services in the internal market.