II
(Preparatory Acts)
COMMISSION
Amended proposal for a European Parliament and Council Decision establishing a general
framework for community activities in favour of consumers (˛)
(98/C 390/08)
(Text with EEA relevance)
COM(1998) 642 final - 98/0028(COD)
(Submitted by the Commission pursuant to Article 189a(2) of EC Treaty on 30 October 1998)
(˛)ÙOJ C 108, 7.4.1998, p. 43.
ORIGINAL PROPOSAL AMENDED PROPOSAL
THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 129A thereof,Unchanged
Having regard to the proposal from the Commission,
Having regard to the Declaration by the European
Parliament, the Council and the Commission of 6 March
1995 on the incorporation of financial provisions intolegislative acts.
Having regard to the opinion of the Economic and
Social Committee,Unchanged
Acting in accordance with the procedure referred to in
Article 189B of the Treaty,
whereas Community action helps to ensure a high level
of protection of consumers and human health,
whereas Community action in favour of consumers helps
to strengthen economic and social cohesion,
whereas consumer confidence in products and services is
essential to the smooth functioning of the internal
market,
whereas this objective cannot be achieved effectively
without the cooperation and participation of all the instiÜ
tutions and parties concerned,UnchangedC 390/22 15.12.98 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
whereas the Community intends to give new impetus to
its action in favour of consumers and their health in
order to enable them to become a driving and innovatory
force.whereas the Community is committed to giving new
impetus to its action in favour of consumers and their
health in order to enable them to become a driving and
innovatory force,
whereas the Luxembourg European Council’s
declaration on food safety recognises that everythingmust be done to restore public confidence severelyshaken by the BSE crisis, and whereas the general
framework for activities in favour of consumers is
essential to achieving this aim
whereas the Community needs to plan the actions
required to achieve the objective it has set itself bygrouping them together in a general framework that
identifies the activities and areas of activity which must
be tackled as a matter of priority,Unchanged
whereas this general framework aims in particular to
bring together the initiatives carried out for the benefitof consumers in order to optimise their effects forconsumers,
whereas the Community system of information on
domestic and leisure accidents had been introduced by
the decision 3092/94/EC of the European Parliamentand the Council of 7 December 1994Ø(˛) to cover onlythe period 1994Ü1997,
whereas this general framework must provide for both
initiatives taken by the Community, in compliance withthe principle of subsidiarity, and actions to support theorganisations which work to defend consumer interests
at Community or national level,
whereas this general framework for Community action
does not prejudge measures which may become
necessary during the period fixed, as regards theachievement of the objectives set out in Article 129A ofthe Treaty,
whereas the initiatives undertaken by the Community
and the actions to support other private or public
initiatives complement one another and must form partof an integrated approach,
whereas the implementation of this general framework
should make it possible to take better account of
consumer’s interests in the other policies of the
Community, notably in the fields of public health,research and transport,whereas the implementation of this general framework
should make it possible to take better account of
consumer’s interests in all other relevant policies of the
Community and must ensure the development ofconsumer participation in the standardisation process,
(˛)ÙOJ L 331, 21.12.1994, p. 1.15.12.98 C 390/23 Official Journal of the European Communities EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
whereas the initiatives developed in this framework
should be complementary to the actions being carried
out in the field of public health, concerning in particular
foodstuffs,Unchanged
whereas a harmonised and neutral approach to matters
related to the protection of consumers and their health isindispensable and as the Community has at its disposal
the skills of the Joint Research Centre,whereas a harmonised and neutral approach to matters
related to the protection of consumers and their health isindispensable and whereas this general framework shall
provide the necessary financial support to ensure the
provision of high quality, independent scientific acvice,globally recognised risk assessment methods andeffective control and inspection methods; whereas the
Community also has at its disposal the skills of the Joint
Research Centre,
whereas this framework is open to the participation of
the associated countries of central and eastern Europe inaccordance with the European Agreements or their
additional protocols, and also to Cyprus in accordance
with conditions to be agreed, as well as to theEFTA/EES countries on the basis of additional approÜpriations in accordance with the rules fixed in the
Agreement on the European Economic Space,Unchanged
whereas action under this framework shall contribute to
promoting the consumer interest at international level,
whereas it is necessary to draw up a list of priority areas
for Community action in order to help achieve maximum
effectiveness throughout the planned period,whereas it is necessary to evaluate past achievements and
draw up a policy priority programme to implement this
general framework in order to help achieve maximum
effectiveness throughout the planned period; andwhereas this should include an action plan,
whereas maximum effectiveness of Community action is
dependent on regular consolidation, review and updating
of this general framework,
whereas the implementation of this general framework
should contribute to the transposition into national lawof, and monitoring of compliance with, existingCommunity legislation in the field of consumer
protection,
whereas it is also necessary to strengthen the bodies and
organisations that are active in the area of consumerprotection so that they can be a more effective drivingforce for making consumers aware of the priorities set by
the Community,whereas organisations that are active in the area of
consumer protection should also be given more opporÜtunity to contribute actively to the definition ofconsumer policy,
whereas it is necessary to ensure that the interests of
consumers are represented at Community level and toprovide significant support to the European organisationswhich represent the interests of consumers effectively
and activelyUnchangedC 390/24 15.12.98 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
whereas it is necessary, at the same time, to support
organisations which are active at national or regional
level by encouraging them to take part in concerted
action in the areas recognised as priorities,
whereas it is therefore necessary to set out the
arrangements for the financial support provided by the
Community to the bodies and organisations that arerepresentative of consumer interests, out of a constantconcern for maximum transparency and for effectiveness
in the use of the funds allocated by the Community,
whereas it is necessary to lay down selection criteria for
the provision of financial support,
whereas it is necessary to establish effective methods for
evaluation and monitoring and to make provision forinforming the target groups concerned in an appropriateand automatic way,whereas it is necessary to establish effective methods for
evaluation and monitoring and to make provision forinforming the target groups concerned in an appropriateand systematic way,
whereas immediately after ratification, the Commission
shall present a proposal to adapt this general framework
to take into account the extended scope for action in the
consumer protection field in the Amsterdam Treaty,Unchanged
whereas the implementation of the activities provided for
under this general framework must be evaluated in thelight of the experience gained in the first three years,
whereas this decision establishes, for the whole of the
planned duration, a financial allocation which constitutes
the principal point of reference, within the meaning of
point 1 of the Declaration by the European Parliament,the Council and the Commission of 6 March 1995, forthe budgetary authority in the annual budgetary
procedure.
HAVE DECIDED AS FOLLOWS:
CHAPTER I
General objectives and approach
Article 1
1.ÚÙThis decision establishes, at Community level, a
general framework for activities for promoting the
interests of consumers and providing them with a high
level of protection.
2.ÚÙThis general framework of activities consists of
actions designed to help protect the health, safety andeconomic interests of consumers and to promote theirright to information and education and to join forces in
order to protect their interests.15.12.98 C 390/25 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
3.ÚÙThis general framework of activities shall be estabÜ
lished from 1 January 1999 to 31 December 2003. The
financial allocation for carrying out the activities planned
in this general framework shall be 114 million ECU forthe whole period.
Annual appropriations shall be authorised by the
budgetary authority within the limits of the financial
perspectives.
Article 2 Article 2
(a)Ùactions taken by the Commission to support and
supplement the policy conducted by the Member
States, and to develop, update and monitor it;(a)Ùactions taken by the Commission to support and
supplement the policy conducted by the Member
States, and to develop, update, monitor and enforceit,
(b) actions providing financial support for the activities
of European consumer organisations, under the conÜditions set out in Article 5;Unchanged
(c) actions providing financial support for specific
projects to promote consumers’ interests in the
Member States, notably the projects presented by
consumer organisations, under the conditions set outin Article 6.
Article 3
The Commission shall ensure that there is consistency
and complementarily between the Community activities
and projects under this general framework and the other
Community programmes and initiatives, and shall laydown the priorities to be applied in the activitiesmentioned in Article 4.
Article 4
The actions mentioned in Article 2 shall concern the
following specific areas in particular:
(a)Ùthe health and safety of consumers;
(b) protecting the economic interests of consumers as
regards products and services;
(c) educating and informing consumers about their
protection and rights;
(d) promotion and representation of the interests of
consumers.
(e) protecting the legal interests of consumers, their
right to redress and access to justice.C 390/26 15.12.98 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
The Annex gives an indicative list of the activities by
area.Unchanged
CHAPTER II
Implementing arrangements
Article 5
1.ÚÙThe financial support referred to in Article 2,
point b), may be granted to European consumer organiÜ
sations which:
-Ùare nonÜgovernmental, notÜforÜprofit organisations
whose main objectives are to promote and protect theinterests and health of consumers and
-Ùhave been mandated to represent the interests of
consumers at European level by organisations thatare representative of the consumers of at least half
the Member States of the Community and that are
active at national or regional level.
2.ÚÙThe financial support referred to in Article 2,
point b), may be granted to support the activities of
European consumer organisations that are planned in theannual programme of their activities, where theseactivities relate to one or more of the areas mentioned in
Article 4.
3.ÚÙThe conditions for granting financial support are
set out in Articles 7Ü9.3.ÚÙThe conditions for granting financial support are
set out in Articles 7Ü9.
In addition, the financial support may not, in principle,
exceed 50Ø% of the expenditure involved in carrying out
the eligible activities.In addition, the financial support may not, in principle,
exceed 50Ø% of the expenditure involved in carrying out
the eligible activities.
Administrative costs related to the eligible activities are
taken into account.
Article 6
1.ÚÙAny natural or legal person or association of
natural persons who/which is actually responsible for the
implementation of the projects may receive the financial
support referred to in Article 2 point c), where the mainobjectives of these projects are to promote and protectthe interests and health of consumers.Unchanged
2.ÚÙThe financial support referred to in Article 2 point
c), shall be granted on the basis of the description of theproject, where it relates to one or more of the areas
mentioned in Article 4.15.12.98 C 390/27 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
3.ÚÙThe conditions for granting financial support are
set out in Articles 7Ü9.
In addition, the financial support may not, in principle,
exceed 50Ø% of the expenditure involved in
implementing the project(s), excluding all operating
Unpaid work or donation in kind, if properly docuÜ
mented, may be taken into account, up to a level of
20Ø% of total eligible costs, when assessing the organiÜsation’s revenue and costs.
Article 7
The Community financial support referred to in Article 2
points b) and c) shall be granted to actions selected onthe basis of the following criteria in particular:Unchanged
-Ùa satisfactory level of costÜeffectiveness;
-Ùan added value ensuring a high and uniform level of
the representation of consumers’ interests;
-Ùa lasting multiplier effect at European level;
-Ùeffective and balanced cooperation between the
various parties for
-Ùplanning and carrying out activities and for financial
participation;
-Ùthe development of lasting transnational cooperation,
especially by the exchange of experience to raise the
awareness of consumers and economic operators and
by joint utilisation of their results;
-Ùthe widest possible dissemination of the results of the
activities and projects supported;
-Ùthe ability to analyse the situations to be covered, the
means earmarked for evaluating the activities andprojects and their suitability for best practice;
CHAPTER III
Procedures, evaluation and monitoring
Article 8
1.ÚÙEach year, the Commission shall publish a note in
the Official Journal of the European Communities
describing the areas for funding and setting out selectionand award criteria and the procedures for application
and approval.1.ÚÙEach year, if possible before the end of July, the
Commission shall publish a note in the Official Journal of
the European Communities describing the areas for
funding and setting out selection and award criteria and
the procedures for application and approval.C 390/28 15.12.98 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
2.ÚÙHaving assessed the proposals, the Commission
shall select the activities and projects referred to in
Chapter II which are to receive financial support. This
decision shall lead to the conclusion of a contract withthe recipients responsible for implementation, concerningthe rights and obligations of the parties.Unchanged
3.ÚÙCommunity assistance shall relate to the actions
which should take place in the year of the financial
contribution or in the following year.3.ÚÙCommunity assistance, or the first part thereof,
shall be granted before the beginning of the implemenÜ
tation of the project selected by the Commission.
4.ÚÙA list of the recipients and of the actions funded
under this framework shall be published each year, withan indication of the amount of the assistance.Unchanged
Article 9
1.ÚÙThe Commission shall ensure the monitoring and
supervision of effective implementation of the activities
financed by the Community. This shall be done on thebasis of reports using the procedures agreed between theCommission and the recipient; it shall include checks in
situ by means of sampling.
2.ÚÙRecipients shall submit a report to the Commission
for each action within three months of its completion.The Commission shall determine the form and contentof this report.
3.ÚÙRecipients of financial support shall keep at the
Commission’s disposal all the documentary evidence ofexpenditure for a period of five years from the lastpayment concerning an action.
European Communities describing the areas for funding
and setting out the selection and award criteria and the
procedures for applications and approval.
Article 10
The Commission shall see to it that the actions funded
by the Community are evaluated regularly. Theseevaluations may be carried out by the Commission and
by independent experts employed to this end.
Article 11
1.ÚÙThe Commission may reduce, suspend or recover
financial assistance granted for an activity if it detectsirregularities or learns that the activity has, without itsapproval, been significantly modified so that it is incomÜpatible with the objectives of the agreed implementing
arrangements.15.12.98 C 390/29 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
2.ÚÙIf the deadlines are not met or if the state of
progress of an activity warrants only partial use of the
appropriations granted, the Commission shall ask the
recipient concerned to provide an explanation within agiven period of time. If the recipient’s reply is not satisÜfactory, the Commission may cancel the balance of
financial assistance and demand that the sums already
paid be refunded immediately.
3.ÚÙAll incorrect payments shall be refunded to the
Commission. Any sums not refunded in good time may
be increased by default interest. The Commission shalldetermine the arrangements for the application of thisparagraph.
Article 12
1.ÚÙEach year, the Commission shall report to the
European Parliament and to the Council on theimplementation of this framework.
This report shall include the results of the evaluation of
the actions, activities and projects carried out under this
framework.
2.ÚÙBy 30 June 2002 at the latest, the Commission shall
submit an evaluation report to the European Parliamentand to the Council on the first three years of implemenÜtation of activities under this general framework.
Article 13
This Decision shall enter into force on 1 January 1999.
ANNEX
INDICATIVE ACTIVITIES BY AREAANNEX
1.ÙConsumer health and safety
-ÙActions undertaken for the preparation and elaboration
of opinions of the Scientific Committees.Unchanged
-ÙExpertise and inspections relating to controls in the food,
veterinary and phytosanitary sectors.C 390/30 15.12.98 Official Journal of the European Communities EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
-ÙTechnical expertise to assess risks relating to products,
notably for foodstuffs.
-ÙMaking best use of scientific and technical elements
relating to consumer protection actions, notably through
the use of expertise of the Joint Research Centre.
-ÙMeasures relating to consumer products causing danger
to consumers.-ÙMeasures relating to products and services causing
potential hazards and danger to consumers.
-ÙDissemination of information about dangerous products
and potential risks.-ÙDissemination of information about products and services
and the potential hazards and risks associated with them.
2.Protecting the economic interests of consumers as regards
products and services
-ÙMeasures to improve coÜoperation between the bodies
participating in market surveillance.Unchanged
-ÙMeasures to ensure the respect of consumer rights in the
supply of products and services, including mechanisms forsettling consumer disputes, notably through pilot projects
and setting up databases.
-ÙMeasures to ensure a level playing field in consumers
transactions,
-Ùtaking into account the impact of new technologies, and
the development of financial services.-Ùtaking into account the impact of new technologies, the
development of financial services and the impact of the
Euro.
-ÙMeasures to promote the transposition into national law
and monitoring of compliance with existing Community
legislation in the field of consumer protection.
-ÙMeasures to make consumers more aware of the possible
benefits of the internal market and to encourage them to
take more advantage of these benefits, particularly by
means of comparative tests of the prices, product range
and quality of goods and services in the various Member
States.
3.Educating and informing consumers
-ÙImproving information to consumers about their rights
and how to enforce them and raising awarness of manuÜ
facturers and consumers about safety aspects of products.-ÙImproving information to consumers about their rights
and responsibilities and how to enforce them and raising
awareness about safety aspects of products and services.
-ÙMeasures to encourage consumer access to and particiÜ
pation in the information society.
-ÙInformation to consumers concerning protection of
privacy and personal data.15.12.98 C 390/31 Official Journal of the European Communities EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
-ÙDissemination among producers and consumers of
knowledge about product safety.
-ÙImprovement of information and promoting consumer
awareness of sustainable and environmentally sound
patterns of consumption.
-ÙImproving information to consumers about features of
specific products and services notably through
comparative testing.Unchanged
-ÙDevelop the education and training of consumers,
particularly in schools.
-ÙThe development of, and support for, European centres
providing information and advice to cross border
consumers in the Community.
4.Promotion and representation of the interests of consumers
-ÙStrengthening the representation of consumer interests at
the European and international level.
-ÙSupporting consumer organisations in the Member States,
notably where their means are limited.
-ÙPromotion and coordination of consumer participation at
the European level in standardisation.Unchanged
-ÙPilot projects promoting sustainable consumption models,
notably those that are environmentally friendly.-ÙPilot projects promoting sustainable consumption models,
notably those that contribute to choice and encourage
behavioural patterns that respect the environmental and
social impact of consumption and disposal.
5.Protecting the legal interests of consumers
-ÙImproving common extraÜjudicial procedures.-ÙThe development of, and support for, measures aimed at
facilitating access to justice inside the courts.
-ÙMeasures to assess the specific risks and potential benefits
for consumers in the information society including pilot
projects to establish crossÜborder redress systems
applicable to the information society.
-ÙMeasures to promote the protection of privacy and data
protection.
-ÙThe development of an overall framework to regulate
unfair marketing practices.C 390/32 15.12.98 Official Journal of the European Communities EN