mf '-:lMï:Ii COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 378 final 
Brussels, 28 July 1993 
CONSUMER POLICY 
SECOND COMMISSION THREE-YEAR ACTION PLAN 
T#[ ^ H^'V^jiV',;^;!1.', 1993-1995 
JKJtfeiSiftif'8 Placing the single Market at 
the service of European consumers 
y~~ 
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CONTENTS 
Introduct ion 2 
Part one: Consolidation of Community 
legislation in favour of consumers 7 
A. The first action plan - an appraisal 8 
B. Effective application of Community consumer law 11 
C. The new actions 13 
Part two; Selective priorities for raising the level 
of consumer protection 15 
A. Strengthening consumer information 16 
B. Enhancing and expanding concertation 20 
C. Furthering access to justice and the settlement 
of disputes 22 
D. Adapting financial services to consumer needs 23 
E. Preparing new stages 2S 
Cone I us Ion 2fe 
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INTRODUCTION 
(1) The removal of the internal frontiers and the completion, since 
1 January 1993, of the large market, in accordance with the 
objectives of the Single European Act, has opened up a new phase of 
Community action. This is the outcome of an ambitious legislative 
programme implemented by the Community in order to eliminate a very 
great number of technical, legal and fiscal obstacles to trade 
between the Member States. 
(2) For the citizen-consumer in the Community, numerous measures have 
been adopted in the context of completing the internal market which 
constitute advantages of a direct or indirect kind. Liberalisation 
of transfrontier shopping and the resulting growth in competition, 
the tax cuts introduced in certain Member States through the 
harmonisation of indirect taxation, the removal of customs checks on 
the luggage of travellers changing within the Community and the 
abolition of formalities for people moving residence from one Member 
State to another or for certain postal parcels are all examples of 
substantial progress for the European consumer. 
(3) The consumer has also benefited from the progress made by the 
Community in the domains of transport and the environment. In the 
air transport sector in particular, the "third package" adopted by 
the Council in July 1992 has liberalised a hitherto closed market, 
obliging airlines to become more efficient and, ultimately, to cut 
their fares, while maintaining or improving the service provided to 
passengers. The 1989 Regulation on a code of conduct for 
computerised reservation systems has undeniably contributed to 
protecting consumer interests. Likewise, consumers will from now on 
enjoy new rights, including cash compensation, thanks to the 1991 
Regulation establishing common rules for a denied-boarding 
compensation system in scheduled air transport. Finally, the opening 
of the national markets to non-residents in the domain of road and 
sea transport will offer consumers a wider choice of services at a 
lower price. 
(4) There is also a very close link between consumer policy and 
environment policy. The link works both ways. To be fully effective, 
the objectives of environmental protection require a change in 
consumer behaviour so that resources are rationally used and to 
fight against waste. The 5th Programme of Community action "towards 
sustainable development" aims to integrate this dimension into 
sectoral policies and requires that production and consumption 
follow sustainable lives, depending on the partnership and shared 
responsibility between the states, the economic actors and the 
public^1). Conversely such environmental measures undeniably 
benefit consumers by improving the quality of life and the safety of 
industrial plants. 
Environmental considerations must be reflected in consumer policy 
Just as environmental policies must be focussed on consumers and 
producers. 
(1) Document C0M(92) 23 final - Vol II - paragraphs 3.2, 3.3, 4.1, 7.4 
and 7.5 
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(5) Other Community policies also contribute to improving the consumer's 
position in the large market. Hence the Commission's active 
competition policy in regard to cartels, dominant positions, mergers 
and public aid. Free competition is the groundrule which, in an open 
market economy, permits the allocation of production factors in an 
optimum manner, to the benefit of consumers; it is consumers who are 
in effect the final recipients of all the goods and services 
provided by firms and public authorities. 
(6) The Community's activities in the field of social affairs and 
cohesion also benefit the consumer. Consumer policy, by contributing 
significantly to the successful functioning of the internal market 
and by emphasising the greatest possible freedom of choice in regard 
to goods and services, improves the Community's economic potential 
and employment perspectives. Growing attention to what consumers 
expect and can accept in regard to goods and services will improve 
the competitiveness of producers in the Community, thus enhancing 
their position in the external markets. 
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(7) The interdependence between consumer policy and the oth-.:" Comnvinity 
policies thus highlights the very complexity of the notion of the 
consumer. Consumers are natural or legal persons who have a greater 
or lesser degree of purchasing power and who procure or use goods or 
services for non-commercial purposes. A good linkage between the 
protection of consumer interests and other policies regulating and 
accompanying the internal market would thus appear to be an 
essential requirement at Community level. 
(8) All in all it is essential that the advent and deepening of the 
large European market make itself felt in consumers' everyday life 
in the shape of tangible benefits. It is only thus that the internal 
market will win their confidence and, finally, succeed. Hence the 
first objective of the second three-year action plan in favour of 
consumers, which follows on the first action plan implemented by the 
Commission between 1990 and 1993 and which will cover the years 1993 
to 1995, is to place the internal market at the service of European 
consumers in a real sense. The objective is also to exploit the 
other Community policies from the perspective of consumer interests. 
(9) The fact remains that in numerous epecific domains, such as access 
to Justice, notably in the case of "minor disputes" involving 
consumers, transfrontier payments, guarantees and labelling, Europe 
of the consumer has yet to be realised. Despite the progress already 
made, at the initiative of the Commission and consumer associations, 
consumer information remains inadequate. In order adequately to 
protect the health, safety and economic interests of consumers, new 
measures are imperative. 
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(10) The second three-year action plan belongs in the context of the 
implementation of the Maastricht Treaty on European Union. In effect 
the new Treaty has raised consumer protection to the rank of a 
genuine Community policy. Article 3(s) thus establishes as the 
objective of Community action "a contribution to the strengthening 
of consumer protection". Article 129a specifies that: 
"the Community shall contribute to the attainment of a high level of 
consumer protection through: 
a) measures adopted pursuant to Article 100a in the context of the 
completion of the internal market; 
b) specific action which supports and supplements the policy 
pursued by the Member States to protect the health, safety and 
economic interests of consumers and to provide adequate 
information to consumers." 
By conferring on the Community competences which are both wider and 
better defined in this area, the Maastricht Treaty opens up a new 
domain of Community action. The Commission intends to exploit the 
full potential of the new provisions. Once the ratification 
procedures have been concluded it will initiate a discussion on this 
subject. The exercise will be conducted taking account of the 
principle of subsidiarity, interpreted in a positive manner, i.e. in 
such a way as to ensure that an optimum result is obtained by 
Community action. 
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(11) The second three-year action plan focuses on two basic approaches: 
consolidation of Community legislation 
selective priorities to raise the level of consumer protection 
and to make consumers more aware of their rights. 
I Consolidation of Community legislation In favour of consumers 
(12) Community action in favour of consumers was implemented in the 
framework of a series of programmes followed by a plan. The first 
programme was launched in 1975, the second in 1981, while the 1985 
programme provided a new impetus. Then came the first action plan 
which covered the 1990-1992 period. These programmes and the plan 
have tried to introduce a wide range of initiatives in all domains 
relevant to consumers. The outcome has been the establishment of a 
solid legal base, constituting a true corpus of Community consumer 
law. The fact remains that to place the single market at the service 
of consumers and to prepare for the implementation of the Maastricht 
Treaty in a real sense, the Community must thus consolidate the 
existing body of law, notably by ensuring the implementation of the 
texts in force, by ensuring adoption by the Council of the texts 
proposed by the Commission on which the Council has not yet reached 
agreement, and by preparing new measures. 
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A. The first action plan - an appraisal 
(13) The adoption of the first action plan in favour of consumers and the 
creation within the Commission of a Consumer Policy Service have 
helped raise awareness of the importance of the consumer dimension 
at Community level and in the context of preparing the internal 
market. Most of the Commission's proposals were adopted unanimously 
by the Council, even when this was not necessary, and despite 
occasionally arduous negotiations. Indeed it was possible to 
overcome a certain confrontational style opposing the interests of 
consumers to those of suppliers of goods or services. In most cases 
dialogue and consultation paved the way to equitable solutions even 
to the most formidable problems. The European Parliament played a 
consistently supportive role. By taking into consideration consumer 
interests in its deliberations and by ensuring that the necessary 
resources were made available, the European Parliament has actively 
contributed to developing Community consumer policy. 
(14) Thus, during the 1990-1992 period the following instruments were 
adopted: 
Council Directive 92/59/EEC of 29 June 1992 on general product 
safety*1*. 
(1) OJ L 228 Of 11.08.1992, p. 24 
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Several directives on the approximation of Member State 
legislation concerning labelling and presentation of foodstuffs 
intended for the final consumer, and notably Directives 
90/406/EEC of 24 September 1990, 91/72/EEC of 16 January 1991, 
91/238/EEC of 22 April 1991, 92/11/EEC of 22 April 1992. 
Council Directive 90/314/EEC of 13 June 1990(2) on package 
travel, package holidays and package tours. 
Council Directive 90/88/EEC of 22 February 1990 amending 
Directive 87/102/EEC on the approximation of the laws, 
regulations and administrative provisions of the Member States 
concerning consumer credit(3). 
Moreover, since the beginning of 1993 the following proposals 
have been adopted by the Council: 
Sixth amendment to Cosmetics Directive 76/768/EEC. 
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in 
consumer contracts*4* 
Moreover, a series of proposals have been presented by the 
Commission which have not yet been adopted by the Council. 
Proposal for a Council Directive on the protection of consumers 
in respect of contracts negotiated at a distance (distance 
sel ling)*5). 
(2) 0J No L 158, 23.6.1990, p. 59 
(3) OJ No L 61, 10.3.1990, p. 14 
(4) OJ No L 95, 21.4.93, p. 29 
(5) OJ No C 156, 23.6.92, p. 14 
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Proposal for a Council Directive on the liability of suppliers 
of services*6). (Currently being examined following the 
conclusions of the European Council in Edinburgh.) 
Proposal for a Council Directive concerning comparative 
advertising and amending Directive 84/450/EEC concerning 
misleading advertising*7). 
Proposal for a Council Directive concerning the protection of 
purchasers in contracts relating to the utilisation of immovable 
property on a time share basis*8). 
Adoption of these different proposals - possibly revised in the 
light of the conclusions of the European Council in Edinburgh - is 
the first priority. Thus these directives will complete the existing 
foundation of Community consumer law. 
The first action plan also launched a series of information and 
education measures which are an indispensable complement to 
regulatory and legislative measures. The objective pursued in this 
domain is not only to encourage consumers to exploit to the full the 
new opportunities resulting from the construction of the internal 
market, but also to enable consumers to contribute actively to the 
maintenance of competitive markets. 
During the period of the first three-year plan (1990-1992), work on 
consumer information focused mainly on activities involving both 
sides of industry, together with consumer organisations or the 
media. 
(6) OJ No C 12. 18.1.91, p. 8 
(7) OJ No C 180, 18.7.91, p. 14 
(8) OJ No C 222, 29.8.92, p. 5 
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The actions included: 
creating transfrontier centres for consumer information and 
counse11i ng 
comparative tests, including the publication of a first shopping 
guide with a single-market perspective 
encouragement of TV programme producers to treat consumer issues 
and above all to take the Community dimension into account 
preparation of information material for distribution via the 
media 
dissemination of basic information to relay organisations (e.g. 
Inventories of consumer organisations: INFO-C Bulletin). 
As regards access to Justice, the Commission has encouraged the 
creation of pilot projects, and notably the testing, at national 
level, of simplified procedures for settling consumer disputes. 
B. Effective application of Community consumer law 
(15) Advances in consumer protection are measured not only in terms of 
the number of texts adopted or in the process of being adopted. It 
is also imperative that the measures taken at Community level be 
perceived by consumers as providing new and effective protection. 
Consequently, it is important that consumer rights deriving from the 
Community measures are actually conferred to consumers at national 
level and that consumers are able to make full use of them. This 
means close surveillance both of the transposition and 
implementation of Community law. 
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(16) On 1 January 1993 a total of 42 directives concerning consumer 
policy should already have been transposed by the Member States. The 
average transposition rate is 94%. However, this average conceals 
large disparities and reflects the extent to which national 
implementing measures have been communicated without reference to 
the actual state of application of these measures. 
In this connection the Commission emphasises the large number of 
complaints it receives in this domain. For example, the Commission 
is glad to note that in regard to misleading advertising (Directive 
84/450/EEC), all the Member States have at last a legal instrument. 
But this satisfaction is tempered in the light of the complaints 
addressed to the Commission, which reveal difficulties in applying 
the provisions in cases of transfrontier practices. The Commission 
is continuing to study in detail the remaining obstacles with a view 
to proposing the most appropriate solutions. 
The particular importance for consumers of the recently adopted 
directives, which will enter into effect during the next two years, 
shows that it is essential to foster close cooperation with the 
national authorities to ensure their effective transposition into 
national law within the specified time limits. 
(17) An examination by sector shows that there is much to be desired as 
regards cosmetic products, package holidays and consumer credit 
(covered respectively by Directives 76/768/EEC amended, 90/314/EEC 
and 87/102/EEC amended). These three examples show that problems may 
persist after the deadline laid down for transposition. However, 
these three domains have a particularly high profile for consumers. 
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(18) Thus the Commission must continue to devote particular attention to 
the process of implementation by the Member States of the rules of 
Community law. This will involve use of the traditional instruments 
foreseen in the Treaty, but also an endeavour to ensure better 
concertation and genuine partnership with the national authorities 
on these legal Issues. The Commission's recent working document 
"Reinforcing the effectiveness of the Internal market - on a 
strategic programme on the internal market"*8) itemises the 
Commission's intentions in this regard. 
(19) Concertation of this kind should be particularly fruitful in seeking 
optimal application of the rules, whether they consist of 
administrative acts (as in the case of toy safety) or case law (as 
in the case of misleading advertising), notably when there are 
considerable differences between one Member State and another. It is 
in this spirit that the Commission will endeavour to facilitate the 
dissemination of national experience and lay down precise objectives 
to be achieved in this area as the need arises. 
C. The new actions 
(20) The Commission will propose new legislative measures or recourse to 
binding instruments, taking into account the principle of 
subsidiarity, wherever the need is felt for concrete action on the 
part of the Community. 
(8) Document COM(93)256 of 2 June 1993 
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For example, in the domain of consumer safety, the Commission in 
early 1993 presented to the Council a proposal for a Decision 
introducing an information system on home and leisure accidents 
(EHLASS)*10). Moreover, the entry into effect as of 29 June 1994 of 
Council Directive 92/59/EEC of 29 June 1992 on general product 
safety*11) will be very closely monitored by the Commission. In 
this respect the Commission will work towards the establishment of 
real and effective administrative cooperation between the monitoring 
authorities. If necessary it will draft appropriate proposals in 
this regard. The Directive on general product safety is an 
appropriate response to the safety needs of consumers in regard to 
products, provided its implementation pays close attention to the 
objective pursued. 
(21) The concerns and expectations of consumers as regards the safety of 
services they purchase is well known. Here too the Commission will 
focus its attention on health and safety. In this perspective the 
Commission will examine the creation of a general legal framework 
providing for minimum provisions on the liability of suppliers of 
services. The intention is to re-examine together with the Member 
States the associated hazards and pinpoint ways of reducing them and 
the measures required to ensure adequate protection. 
(22) Despite the existence of a complete Community framework of 
horizontal and vertical legislation on product safety, constant 
vigilance will be required to tackle any new difficulties which may 
emerge in the protection of consumer health and safety. Every new 
(10) Document C0M(93)18 final of 26 January 1993 
(11) OJ No L 228, 11.8.92, p. 24 
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situation requiring a review of existing rules or the adoption of 
additional measures will provoke a rapid response on the part of the 
Commission. The adaptation of individual directives to technical 
progress will be pursued in order to ensure that ail needed 
improvements are made and that the technical standards are adjusted 
where necessary. For example, this will apply to the adaption to 
technical progress of Directive 76/768/EEC. 
(23) In the domain of safety of child-care articles, there has been a 
recent call for Community intervention from consumer organisations, 
with the backing of the industry concerned. The Commission will 
examine the feasibility of action in this area, in the light of the 
subsidiarity principle. 
Before the end of 1993 the Commission will also present a proposal 
for a directive on claims made in the labelling of foodstuffs. 
11 Selective priorities for raising the level of consumer protection 
The priorities of the second plan of action include consumer 
information and improved concertation. Two other fields of activity 
also deserve particular attention: access to Justice and financial 
services. 
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A. Strengthening consumer Information 
(24) The report presented on 26 October 1992 to the Commission by the 
High Level Group on the operation of the internal market, chaired by 
Mr Sutherland, and entitled "The internal market after 1992 -
meeting the challenge", contains a list of recommendations intended 
mainly as a response to consumer uncertainty. The report emphasises 
the need for an information strategy and highlights the problems of 
access to Justice. The Commission will pay great attention to these 
recommendations in its future action in the field of consumer 
protection. 
Similarly, on 5 May 1993, the Commission adopted a Communication 
entitled "For better coordination and strengthening of information 
and communication policy on the internal market", whose objective is 
to ensure greater efficiency in the dissemination of information on 
the internal market. This measure is based on the principle of 
improved coordination between the Commission's various instruments 
and services, and also on the principle of targeting this 
information to broad categories of citizens. In this connection the 
document expressly mentions consumers as a target group for the 
measures to be taken. 
(25) Information is essential if the consumer is to enjoy the advantages 
of the single market. Generally speaking, freedom of choice cannot 
be effective if market conditions are obscure and if available 
information has not been disseminated. Lack of information puts the 
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consumer at a disadvantage vis-à-vis suppliers and restricts 
competition. The attention consumer associations pay to information 
illustrates its importance, and this is also the Commission's 
perspectIve. 
(26) Measures already undertaken in the field of information at sales 
outlets on the technical characteristics of products will be 
continued and intensified. Following the Council Resolution of 
5 April 1993 on future action on the labelling of products in the 
interest of the consumer, the Commission will undertake a series of 
measures designed to implement and ensure good informative 
labelling. The method pursued will be to bring representatives of 
suppliers and consumers closer together. The programme will attempt 
to reach a consensus on the labelling requirements on a category by 
category basis and to ensure the widest possible use of agreed 
solutions by ail market operators. It is also necessary to 
strengthen consumer information so that the consumer can choose 
products while being aware of their effects on the environment. 
In this context the proposal for a Resolution of the Council of the 
European Communities on a Community programme of policy and action 
in relation to the environment and sustainable development, C0M(92) 
23 Final, volume II, p. 68 underlines that "The individual, as a 
consumer, can make a fully informed and rational choice only if the 
product information with which he/she is provided covers all 
relevant aspects such as performance, reliability, energy-
efficiency, durability, running costs, etc., and if this Informâtki 
is given in a neutral form, supported by effective and dependable 
guarantees". Council Regulation 880/92 on a Community eco-iabel 
award scheme will contribute to this. 
(27) Moreover, the Commission-backed price surveys constitute an 
invaluable source of information. Comparative tests have also proved 
useful, as is shown by the positive way consumers have responded. 
Actions undertaken to ensure media coverage of consumer problems, 
notably at Community level, also have a positive impact. Moreover, 
information on Community developments in the consumer domain 
supplied directly by the Commission to relay organisations (consumer 
organisations, consumer institutes, information centres, media), 
must continue to be developed so as to consolidate the links between 
these organisations. Likewise, Commission support for consumer 
organisations as regards their training programmes for adults and 
for young consumers and schoolchildren, notably by furnishing 
teaching aids, should also be enhanced. 
(28) Moreover, as of 1993 the Commission intends realising a new 
initiative involving the publication of a European guide for 
consumers in the large market and to start publishing sectoral or 
national guides connected with the completion of the internal market 
in partnership with the consumer associations concerned. The aim is 
to produce a guide which will be of the greatest possible use to the 
European consumer in the single market. The need for such a guide 
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emerges clearly from the success of publications already launched by 
numerous institutions or associations at local or regional level. 
The guide should be disseminated as widely as possible within the 
Community, notably via relay organisations, including the consumer 
associâtionaI network and the consumer information centres. 
(29) The consumer transfrontier information centres have proved to be a 
very successful venture. These centres are located in frontier 
regions and their task is to provide information on offers, prices, 
legislation in force and all other practical information concerning 
the region, i.e. on both sides of the frontier. These centres are 
run by public or private sector agencies with experience in consumer 
affairs and with the Commission's assistance. Close cooperation with 
other organisations will be encouraged. The Commission gives the 
necessary impetus for start-up and at this stage shoulders half the 
operating costs up to a specified ceiling. The first phase envisages 
the creation of ten centres; six have already been created at Lille, 
Luxembourg, Barcelona, Gronau, Aix-la-Chapelle/Eupen/Heerlen, and 
Vale do Ave. Four other centres are due to open in 1993 at 
Marseilles-Turin, Flensburg, Kehl and Vitoria. Naturally, these ten 
centres do not cover all the needs of the frontier regions. 
Consequently, the Commission intends extending the venture by 
creating new centres, giving priority as before to frontier zones. 
The activity of these centres will be enhanced in the context of a 
new and consistent Commission policy vis-à-vis all existing networks 
in the Community, to be set up in the near future, following the 
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adoption by the Commission on 30 June of Its new information and 
communication strategy. This policy will be based on the definition 
of a package of rights and duties of the various networks and relays 
which the Commission supports. The objective is to enhance synergy 
between the different participants in the domain of information of a 
Community nature. 
In 1995 the Commission will draw up an evaluation report on the 
basis of the experience gained in these transfrontier information 
centres. 
(30) These initiatives need to be backed by media activities to sensitise 
consumers to their new rights in the large market. These activities 
belong in the context of the recommendations contained in the 
Sutherland report and the abovementioned Information and 
Communication Strategy concerning better information for Community 
citizens. One particular point that merits study - possibly together 
with the Commission's offices in the Member States - is the 
potential role of audiovisual techniques in supporting these 
act ivitles. 
B. Enhancing and expanding concertation 
(31) Since 1989 the Consumers' Consultative Council has been the forum 
for consumer organisations to formulate opinions on all problems 
relating to consumer information and protection, either at the 
request of the Commission or at its own initiative. The numerous 
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opinions that have been delivered show the utility of this 
institution. The Commission intends to maintain this structure and 
to enhance its effectiveness. 
(32) However, the way the CCC is currently organised confines it to a 
purely consultative role. Experience in many Member States shows 
that the value of institutions of this kind is further enhanced when 
they constitute genuine concertation bodies casting as wide a net as 
poss i bIe. 
(33) Strengthening of concertation could Imply in particular a more 
appropriate representation of the various consumer trends. Moreover, 
the concertation should, in accordance with procedures to be 
determined, be extended to the productive sector. It is important to 
ensure direct involvement of firms and their representatives at 
Community level in defining guidelines in the field of consumer 
protection. Such an approach could help avoid or mollify 
disagreements or indeed clashes which arise during the decision­
making process and sometimes delay the entry into effect of the 
Community initiatives. 
(34) In spring 1993 the member of the Commission responsible for consumer 
policy initiated consultations, notably with European 
representatives of consumer associations, on the principles for 
reforming the Consumers' Consultative Council on which the partners 
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concerned cour<* come to agreement. The objective Is to draft a 
reform proposal by the end of 1993. 
(35) In the Member States the national organisations are the partners who 
make concertation with consumers possible. Thus strengthening of 
concertation should also be sought by supporting the national 
consumer organisations. The endeavour should focus on countries 
where the organisations are less structured because they have only 
evolved recently. The Commission will thus continue to provide 
active assistance to organisations in Ireland and the southern 
Member States, which are already receiving special treatment. 
C. Furthering access to justice and the settlement of disputes 
(36) The Sutherland Report emphasises the importance of access to Justice 
for the operation of an internal market that is responsive to 
consumers' and producers' needs. The report points out that the 
differences in legal cultures between the Member States make 
harmonisation of national civil law hard to envisage but that the 
operators will increasingly need access to Justice in the other 
Member States. It emphasises the increase in the number of disputes 
of a transfrontier nature involving consumers. The report recommends 
examining conditions of access to Justice in the Community and 
suggests solutions to ensure effective protection of consumer 
rights, involving the creation of out-of-court conciliation 
procedures and giving consumer associations access to Justics. 
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(37) The Commission will explore these avenues. To this end a Green Paper 
on consumer access to Justice will be prepared in 1993. The Green 
Paper will also examine the possibilities of legal aid to Community 
consumers taking into account experience gained in various pilot 
projects initiated and supported by the Commission in different 
Member States. 
(38) Moreover, consumer acts can give rise to disputes where access to 
Justice is not always appropriate, notably when only small 
quantities are at stake. In such cases the unavailability of legal 
remedies leaves the consumer defenceless in the face of tortious 
behaviour. In the case of transfrontier disputes these problems can 
unsettle consumer confidence in the internal market. 
(39) Thus, there is a need to move towards the simplified settlement of 
disputes. Experience has already been gained in this area. New 
initiatives will be launched with the help of national relays and 
will concern in particular the settlement of transfrontier disputes. 
D. Adapting financial services to consumer needs 
(40) The Community has already adopted a series of important measures 
which allow financial institutions to trade openly in the internal 
market, with proper arangements for prudential control.Consumers 
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will also benefit greatly, particularly in the banking, insurance 
and securities sectors. However there are still a number of 
difficulties. Several initiatives have been launched with regard to 
means of payment, in the form of recommendations on transfrontier 
payments and the use of bank cards. However, these latter texts have 
not always had all the results expected. 
(41) The effectiveness of transfrontier means of payments is a priority 
for the proper functioning of the internal market because it is a 
prerequisite for consumer confidence. The domain of liability in 
connection with the use of bank cards is also crucial. Other 
aspects, such as transparency of offers in the mortgage credit 
market or of "home banking", will also be given the same attention. 
(42) Binding legislative instruments are one way of moving ahead in these 
sectors. However, all possibilities of concertation between the 
parties concerned should first be exploited, even outside the 
existing forums. 
(43) In the case of transfrontier payments some progress has been made 
with the cooperation of the banking community. However, the 
Commission is currently reviewing the situation in order to provide 
a clear assessment of any remaining problems. The Commission repeats 
its commitment to take further action - including proposing any 
necessary legislation - if problems warrant it. The Commission will 
promote dialogue between consumers and all organisations concerned 
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with a view to defining concrete improvements. In order to be 
effective, the results of these concertations should take the form 
of firm commitments on the part of the banking community, in so far 
as such commitments can be obtained. If it proves impossible to 
elicit precise commitments - in the form of charters, adopted before 
the end of 1993 and operational by mid-1994 at the latest - or if 
the effects of such commitmments are not satisfactory there will be 
no alternative but to switch to the mandatory approach. 
E. Preparing new stages 
(44) This plan of action runs for a period of three years. Thus its aim 
is not to compile an exhaustive inventory of necessary, desirable or 
possible actions in the field of consumer protection. Realism means 
that ambitions must be confined to a limited number of priority 
objectives. However, it is also important to prepare for the future, 
notably by formalising the results of studies relating to certain 
consumer protection domains and by embarking on debates prior to 
decision-making. 
(45) Thus, as of 1993 the Commission intends to prepare a green paper on 
guarantees and after-sales service conditions. This domain is 
important if the consumer is to be encouraged to profit from the 
opportunities presented by the single market. Transfrontier shopping 
can only flourish If the consumer is assured that he can enjoy the 
~ 2© 
same after-sales and guarantee terms no matter where the supplier is 
domiciled. A related question that merits study concerns the problem 
of discharge of IiabiIity which suppliers sometimes demand vis-à-vis 
consumers in connection with the sale of certain goods or services. 
Conclusion 
(46) The second action plan for consumer policy envisages concentrating 
the Commission's initiatives during 1993-1995 on certain domains 
which are crucial for consumer confidence in the internal market, 
such as consumer information, access to Justice, consumer health and 
safety. However, the progress of Community consumer policy is not 
limited to actions undertaken solely in the context of consumer 
protection. This progress also means considering consumer interests 
in the definition of other Community policies and decisions in so 
far as they concern consumers. The Commission thus intends to pursue 
its efforts to integrate consumer policy in other common policies. 
This objective is an integral part of the second action plan on 
consumer policy. 
- 27 -
OVERVIEW AND CALENDAR 
OF ACTIONS PLANNED IN THE SECOND ACTION PLAN 
Consolidation of legislation 
Proposal for a Council Directive on the protection of consumers in 
respect of contracts negotiated at a distance (distance selling). 
(Adoption 1993) 
Proposal for a Council Directive on the approximation of the laws of 
the Member States concerning comparative advertising and amending 
Directive 84/450/EEC concerning misleading advertising (under 
examination following the conclusions of the European Council in 
Edinburgh). (Under examination following the conclusions of the 
European Council in Edinburgh.) (Decision 1993) 
Proposal for a Council Directive concerning the protection of 
purchasers in contacts relating to the utilisation of immovable 
property on a time-share basis. (Adoption 1993) 
Proposal for a Directive on the liability of suppliers of services 
(under examination following the conclusions of the European Council 
in Edinburgh). (Decision 1993) 
- 28 -
Correct and optimal application of the directives in force: apart 
from the conventional procedures, implementation of concertation and 
partnership with the Member States. Exchange of information on 
national practices. (1993, 1994, 1995) 
Proposal for a Council Decision introducing a Community system of 
information on home and leisure accidents. (Adoption 1993) 
Implementation of Directive 92/59/EEC on general product safety. 
(1994) 
Adaptation of the existing directives to technical progress. (1993, 
1994, 1995) 
II Selective priorities for raising the level of consumer protection 
Improvement of labelling. (1994, 1995) 
Proposal for a Directive on the use of claims concerning foodstuffs 
(1993) 
Support for price surveys and comparative tests. (1993, 1994, 1995) 
Improvement of information on consumer problems, notably by using 
audiovisual techniques. (1994, 1995) 
- 29 -
Support for measures to train adults and young consumers. 09?>4, 
1995) 
European consumer guide to the single market and national or 
sectoral guides. (1993, 1994) 
Reform of the Consumers' Consultative Committee, creation of a 
consumer forum. (1993) 
Support for national consumer organisations and notably those of the 
southern Member States and Ireland. (1993, 1994, 1995) 
Green paper on access to Justice for consumers. (1993) 
Experiences with simpiif led procedures for settling disputes. (1993, 
1994, 1995) 
Improvements, on a contractual basis, of contractual relations 
concerning financial services, notably in the domains of 
transfrontier payments, liability In connection with the use of bank 
cards, transparency In mortgage credit, and home banking. Failing 
this, preparation of proposals for mandatory instruments. (1993, 
1994) 
Green paper on guarantees and after-sales services. (1993) 
Evaluation report on experience with transfrontier information 
centres. (1995) 
V 
A, LEGISLATION OF PARTICULAR IMPORTANCE 
FOR CONSUMERS 
L SAFETY AND QUALITY OF PRODUCTS 
1. GENERAL PRODUCT SAFETY 
Council Directive 92/59/EEC of 29.06.1992 on general product safety 
(OJ L 228 of 11.08.1992, pp. 24-32) 
2.SER 
Council Decision 84/133/EEC of 02.03.1984 introducing a Community system for the rapid 
exchange of information on dangers arising from the use of consumer products = SER = 
CONSOM ALERT 
(OJ L 70 of 13.03.1984, pp.16-17) 
3. EHLASS (EUROPEAN HOME AND LEISURE ACCIDENT SIIRVEIIf ANCF 
SYSTEM! 
Council Decision 86/138/EEC of 22.04.1986 concerning a demonstration project with a view 
to introducing a Community system of information on accidents involving consumer products 
= EHLASS 
OJ L 109 of 26.04.1986, pp.23-27) 
4. COSMETICS 
a) Cosmetic products 
Council Directive 76/768/EEC of 27.07.1976 on the approximation of the laws of the Member 
States relating to cosmetic products 
(OJ L 262 of 27.09.1976, p. 169-200) 
b) Methods of analysis 
First Directive 80/1335/EEC of 22.12.1980 on the approximation of the laws of the Member 
States relating to methods of analysis necessary for checking the composition of cosmetic 
products 
(OJ L 383 of 31.12.1980, pp.27-46) 
5. TEXTILE PRODUCTS 
a) Textile names 
Council Directive 71/307/EEC of 26.07.1971 on the approximation of the laws of the 
Member States relating to textile names 
(OJ L 185 of 16.08.1971, pp.16-26) 
b) Methods of analysis 
Council Directive 72/276/EEC of 17.07.1972 on the approximation of the laws of the 
Member States relating to certain methods for the quantitative analysis of binary textile 
fibre mixtures 
(OJ L 173 of 31.07.1972, pp.1-27) 
Council Directive 73/44/EEC on the approximation of the laws of the Member States 
relating to the quantitative analysis of ternary fibre mixtures 
(OJ L 83 of 30.03.1973, pp.1-19) 
6. SAFETY OF TOYS 
Council Directive 88/378/EEC of 03.05.1988 on the approximation of the laws of the 
Member States concerning the safety of toys 
(OJ L 187 of 16.07.1988, pp.1-13) 
7. DANGEROUS IMITATIONS 
Council Directive 87/357/EEC of 25.06.1987 on the approximation of the laws of the 
Member States concerning products which, appearing to be other than they are, endanger 
the health or safety of consumers 
=dangewus imitations^ 
(OJ L 192 of 11.07.1987, pp.49-50) 
II. PROTECTION OF ECONOMIC INTERESTS 
1. PRICES 
a) Prices of foodstuffs 
Council Directive 79/581/EEC of 19.06.1979 on consumer protection in the indication of 
the prices of foodstuffs 
(OJ L 158 of 26.06.1979, pp.19-21) 
b) Prices of nonfood products 
Council Directive 88/314/EEC of 07.06.1988 on consumer protection in the indication of 
the prices of non-food products 
(OJ L 142 of 09.06.1988, pp. 19-22) 
1. DOOR TO DOOR SELLING 
Council Directive 85/577/EEC of 20.12.1985 to protect the consumer in respect of 
contracts negotiated away from business premises 
-"door to door selling"-
(OJ L 372 of 31.12.1985, pp.31-33) 
3. ADVERTISING 
Council Directive 84/450/EEC of 10.09.1984 relating to the approximation of the laws, 
regulations and administrative provisions of the Member States concerning misleading 
advertising 
(OJ L 250 of 19.09.1984, pp. 17-20) 
4. CREDIT 
Council Directive 87/102/EEC of 22.12.1986 for the approximation of the laws, 
regulations and administrative provisions of the Member States concerning consumer credit 
(OJ L 42 of 12.02.1987, pp.48-53) 
S. TOURISM 
Council Directive 90/314/EEC of 13.06.1990 on package travel, package holidays cad 
package tours 
(OJ L 158 of 23.06.1990, pp.59-64) 
6. CONTRACTS 
Council Directive 93/13/EEC of 05.04.1993 on unfair terms in consumer contracts 
(OJ L 95 of 24.04.1993, pp.29-34) 
Yl 
ï UNITY TEXTS OF CON CE 
TO WM CONSUMER 
(CPS NOT RESPONSIBLE) 
1. PRODUCT SAFETY 
Council Regulation (EEC) N° 339/93 of 8. 02. 1993 on checks for conformity with the 
rules on product safety in the case of products imported from third country 
(OJL40of 17.02.93, pp. 1-4) 
Council Directive 85/374/ECC of 25.07.1985 on the approximation of laws, regulations and 
administrative provisions of the Member States concerning liability for defective products 
(OJ L 210 of 7.08.1985, pp.29-33) 
1.1 FOODSTUFFS 
a) Information and Labelling 
Council Directive 79/112/EEC of 18.12.1978 on the approximation of the laws of the Member 
States relating to the labelling, presentation and advertising of foodstuffs for sale to the 
ultimate consumer 
(OJ L 33 of 08.02.1979, pp.1-14) 
Council Directive 90/496/EEC of 24.09.1990 on nutrition labelling for foodstuffs 
(OJ L 276 of 06.10.1990, pp.40-44) 
Council Regulation (EEC) N°2081/92 of 14 July 1992 on the protection of geographical 
indications and designations of origin for agricultural products and foodstuffs 
(OJ L 208 of 24.07.1992, pl-8) 
b) Additif and Contaminant 
Commission Directive 93/11/EEC of IS March 1993 concerning the release of the N-
nitrosamines and N- nitrosatable substances from elastomer or rubber teats and soothers. 
( OJ L 93 of 17.04.1993, p.37) 
c) Special Foods 
Council Directive 89/398/EEC of 3.05.1989 on the approximation of the laws of the Member 
States relating to foodstuffs intended for particular nutritional uses. 
(OJ L 186 of 30.06.1989, p.27) 
d) Quality control 
Commission Regulation (EEC) N°2252/92 of 29.07.1992 on quality inspection of fresh fruit 
and vegetables 
(OJ L219 of 04.08.1992, pp.9-18) 
Council Directive 89/397/EEC of 14.06.1989 on the official control of foodstuffs 
(OJ L 186 of 30.06.1989, p.23) 
e) Conservation 
Council Directive 89/107/EEC of 21.12.1988 on the approximation of the laws of the 
Member States concerning food additives authorized for use in foodstuffs intended for human 
cosumption 
( OJ L 040 of 11.02.1989, p.27) 
1.2. PHARMACEUTICAL, CHEMICAL AND MEDICAL PRODUCTS 
a) Medecinal Products 
Council Directive 92/26/EEC of 31.03.1992 concerning the classification for the supply of 
medicinal products for human use. 
(OJL 113 of 30.04.1992, p.5) 
Council Directive 92/27/EEC of 31.03.1992 on the labelling of medecinal products for human 
use and on package leaflets 
(OJL 113 of 30.04.1992, p.8) 
Council Directive 92/28/EEC of 31.03.1992 on the advertising of medicinal products for 
human use 
(OJL 113 of 30.04.1992, p. 13) 
b) Dangerous preparations 
Commission Directive 91/442/EEC of 23.07.1991 on dangerous preparations the packaging 
of which must be fitted with child-resistant fastenings 
(OJ L 238 of 27.08.1991, p.25) 
c)Medical devices 
Council Directive 93/42/EEC of 14.07.1993 relating to medical devices 
(OJL 169 of 12.07.1993, p.l) 
1.3. LABELLING 
a) Labelling of household appliances 
Council Directive 79/530/EEC of 14.05.1979 on the indication by labelling of the energy 
consumption of household appliances 
(OJL 145 of 13.06.1979, p.l) 
Council Directive 79/531/EEC of 14.05.1979 applying to electric ovens Directive 
79/530/EEC on the indication by labelling of the energy consumption of household appliances 
(OJL 145 of 13.06.1979, p.7) 
Council Directive 92/75/EEC of 22.09.1992 on the indication by labelling and standard 
product information of the consumption of energy and other resources by household 
appliances 
(OJL 297 of 13.10.1992, p.16) 
b) Labelling of tobaco products 
Council Directive 92/41/EEC of 15.05.1992 amending Directive 89/622/EEC on the 
approximation of the laws, regulations and administrative provisions of the Member States 
concerning the labelling of tobacco products 
(OJ L 158 of 11.06.1992, p.30) 
2. SERVICES AND TRANSACTION 
2.1. CREDIT 
Council Directive 89/646/EEC of 15.12.1989 on the coordination of laws, regulations and 
administrative provisions relating to the taking up and pursuit of the business of credit 
institutions and amending Directive 77/780/EEC 
(OJL 386, 30.12.1989, p.l) 
2.2 INSURANCE 
Council Directive 92/49/EEC of 18.06.1992 on the coordination of laws, regulations and 
administrative provisions relating to direct insurance other than life assurance and amending 
Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive) 
(OJL 228, 11.08.1992, p.l) 
Council Directive 92/96/EEC of 10.11.1992 on the coordination of laws, regulations and 
administrative provisions relating to direct life assurance and amending Directives 
79/267/EEC and 90/619/EEC (third life assurance Directive) 
(OJL 360, 09.12.1992, p.l) 
2.3. PRICES 
Council Directive 90/377/EEC of 29.06.1990 concerning a Community procedure to improve 
the transparency of gas and electricity prices charged to industrial end-users 
(OJ L 185 of 17.07.1990, p. 16) 
2.4. COMMUNICATION - TRANSPORT 
Council Directive 89/522/EEC of 17.10.1989 on the coordination of certain provisions laid 
down by law, regulation or administrative action in Member States concerning the pursuit of 
television broadcasting activities 
(OJ L 298 of 17.10.1989, pp.23-30) 
Council Regulation (EEQ N°2299/89 of 24.07.1989 on a code of conduct for computerized 
reservation systems 
(OJ L 220 of 29.07.1989, p.l) 
Council Regulation (EEC) N°2342/90 of 24.07.1990 on fares for scheduled air services 
(OJL 217 of 11.08.1990, p.l) 
Council Regulation (EEC) N°295/91 of 4.02.1991 establishing common rules for a denied-
boarding compensation system in scheduled air transport 
(OJ L 36 of 08.02.1991, p.5) 
3. ENVIRONMENT 
3.1. GENERAL 
Council Directive 85/337/EEC OF 27.06.1985 on the assessment of the effects of certain 
public and private projects on the environment 
(OJ L 175 of 05.07.1985, p.40) 
Council Directive 90/313/EEC of 7.06.1990 on the freedom of access to information on the 
environment 
(OJ L 158 of 23.06.1990, pp.56-58) 
Council Regulation (EEC) N°880/92 of 23.03.1992 on a Community eco-label award scheme 
(OJ L 99 of 11.04.1992, pp. 1-7) 
8 
V 
3.2 ATHMOSPHERIC POLLUTION 
Council Directive 85/210/EEC of 20.03.1985 on the approximation of the laws of the Member 
States concerning the lead content of petrol 
(OJ L 96 of 03.04.1985, p.25) 
Council Regulation (EEQ N°594/91 of 04.03.1991 on substances that deplete the ozone layer 
(OJL 67 du 14.03.1991, p.l) 
3.3 CHEMICALS, INDUSTRIAL RISK AND BIOTECHNOLOGY 
Council Directive 79/831/EEC of 18.09.1979 amending for the sixth time Directive 
67/548/EEC on the approximation of the laws, regulations and administrative provisions 
relating to the classification, packaging and labelling of dangerous substances 
(OJL 259 of 15.10.1979, p. 10) 
Council Directive 82/501/EEC of 24.06.1982 on the majoraccident hazards of certain 
industrial activities 
(OJL 230 du 05.08.1982, p.l) 
Council Directive 87/217/EEC of 19.03.1987 on the prevention and reduction of 
environmental pollution by asbestos 
(OJ L 85 of 28.03.1987, p.40) 
3.4 WATER PROTECTION AND MANAGEMENT 
Council Directive 76/160/EEC of 08.12.1975 concernig the quality of bathing water 
(OJL 31 of 05.02.1976, p.l) 
Council Directive 80/778/EEC of 15.06.1980 relating to the quality of water intended for 
human consumption 
(OJ L 229 of 30.08.1980, p.ll) 
Council Dierctive 91/271/EEC of 21.05.1991 concerning urban waste-water treatment 
(OJ L 135 of 30.05.1991,p. 40) 
3.5 PREVENTION OF NOISE POLLUTION 
Council Directive 80/51/EEC of 20.12.1979 on teh limitation of noise emissions from 
subsonic aircraft 
(OJL 18 of 24.01.1980, p.26) 
Council Directive 84/538/EEC of 17.09.1984 on teh approximation of the laws of the Member 
States relating to the permissible sound power level of lawnniowers 
(OJL 300 of 19.11.1984, p.171) 
J I 
Council Directive 86/594/EEC of 01.12.1986 on airborne noise emitted by household 
appliances 
(OJ L 344 of 06.12.1986, p.24) 
Council Directive 89/629/EEC of 04.12.1989 on the limitation of noise emission from civil 
subsonic jet aeroplanes 
(OJL 363 of 13.12.1989, p. 27) 
3.6 WASTE 
Council Directive 75/439/EEC of 16.06.1975 on the disposal of waste oils 
(OJL 194 of 25.07.75, p.23) 
Council Directive 85/339 of 27.06.1985 on containers of liquids for human consumption 
(OJ L 176 of 06.07.1985, p.18) 
Council Directive 91/157/EEC of 18.03.1991 on batteries and accumulators containing 
certain dangerous substances 
(OJL 78 of 26.03.1991, p.38) 
10 
VO 
FINANCIAL STATEMENT 
SECTION I 
1. Title 
Consumer Policy - 2nd Three-Year Action Plan 1993-1995. 
2. Budgetary lines 
SPC Chapter B 510, A (administrative appropriations) 
DG X B 3300 A 3059 
3. Legal basis 
Autonomous action of the Commission in fulfilling the requirements of Article 100 A 
of the Treaty and Article 129A of the Maastricht project. 
4. Description 
A series of measures ranging from legislation to information actions in pursuit of the 
objective of making the Single Market work for the benefit of consumers. The specific 
objectives are (1) effective application of Community law, (2) increasing consumer 
information, (3) increasing and expanding concertation, (4) facilitating access to justice 
and the settlement of disputes, (5) adapting financial services to consumer needs. 
4.1 Duration 
The Action Plan embraces the three years 1993, 1994 and 1995. 
4.2 Target Group 
All citizens of the Community. 
5. Classification of the expense 
Non compulsory expenditure involving differentiated appropriations. 
6. Type of expenditure 
The expenses will range from subventions to consumer organisations to the conclusion 
of contracts and subventions with a variety of service providers. 
-2-
Financial implications 
The Action Plan will work within the parameters established in the annual budgets of 
the Community. The budget for Consumer Policy in 1993 in Chapter B 510 is 16 
MECU, the APB for 1994 in the same chapter is 15 MECU and the forward 
programme for 1995 envisages 16 MECU. It is not envisaged that special extra 
resources will be needed. Extra focus on information efforts will need to be 
accommodated within the DG X work programme. 
Anti-fraud provisions 
AU expenditures are subject to possible controls by the Court of Auditors and 
Commission services. 
Relevant financial justifications are required prior to payments being authorised. 
SECTION 2 
Administrative expenditure 
The Action Plan is composed on the basis that existing personnel resources can execute it 
SECTION 3 
Cost effectiveness analysis 
The goal of the Action Plan is in accordance with the conclusions of the Sutherland report 
to improve the participation of consumers in the Single Market by addressing and removing 
inhibitors which exist at present. 
A base of quantitative measures of habits and attitudes exists which illustrates the current 
position. On conclusion of the Action Plan, a repeat Eurobarometer exercise in the beginning 
of 1996 will be used to evaluate progress. On this basis an evaluation will be prepared on 
the results achieved for communication to the Council and Parliament. 
Subsidiarity 
The Commission not only has the responsibility to ensure that citizens are properly aware of 
the effects of the completion of the internal market on their daily lives but it is also the only 
institution capable of ensuring that the Community dimension is fully reflected. 
ISSN 0254-1475 
COM (93) 378 final 
DOCUMENTS 
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