No C 83/24 Official  Journal  of the European  Communities 2. 4. 80 
Having  regard  to the discussions  at its 174th  plenary 
session,  held  on 12 and  13 December  1979  (meeting 
of 12 December  1979), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously: 
The Committee  approves  the  Commission's  pro-
posal,  subject  to the following  comments: 
1. The  Committee  would  draw  attention  to the 
need  to ensure  that  the  amendments  proposed  by 
the Commission  to Directive  77/93/EEC  are  not 
used  as a means  of delaying  the application  of pro-visions  that  the Member  States  have  already  agreed 
should  enter  into  force  as soon  as possible. 
2. The  Committee  would  urge  that  all the Commu-
nity provisions  concerning  the approximation  of the 
relevant  national  legislation  be brought  into  force  as 
soon  as possible.  This  should  be done  in a uniform 
manner  throughout  the Community. 
3. With  regard  to point  9 of Article  1 of the  pro-
posal,  which  provides  for an amendment  to Article 
14 (3)  of Directive  77/93/EEC,  the  Committee 
would  observe  that  the derogations  proposed  by the 
Commission  are not very  precise. 
It considers  that  care  should  be taken  to ensure  that 
any derogations  are properly  justified  and  as limited 
as possible. 
Done  at Brussels,  12 December  1979. 
The Chairman 
of the Economic  and  Social  Committee 
Raffaele  VANNI 
Opinion  on the  draft  action  programme  of the  European  Communities  with  regard  to 
consumers 
The text  referred  to the Committee  has  been  published  in Official  Journal  of the Euro-
pean  Communities  No  C 218  of 30 August  1979,  page  3. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 10 July  1979  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  198  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OFTHE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 
174th  plenary  session  held  in Brussels  on 12 and  13 December  1979. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the Treaty  establishing  the  Euro-
pean  Economic  Community,  and  in particular  Arti-
cle 198  thereof, Having  regard  to the request  made  by the  Council 
of the  European  Communities  on 10 July  1979  for 
an opinion, 
Having  regard  to the  decision  taken  by its Bureau 
on 17 July  1979  instructing  the  Section  for  Protec-
2. 4. 80 Official  Journal  of the European  Communities No C 83/25 
tion of the  Environment,  Public  Health  and  Con-
sumer  Affairs  to draw  up an opinion  and  a report  on 
the matter, 
Having  regard  to the report  submitted  by the rappor-
teur,  Mr Hilkens, 
Having  regard  to the opinion  issued  by the Section 
for Protection  of the  Environment,  Public  Health 
and Consumer  Affairs  on 27 November  1979, 
Having  regard  to the discussions  at its 174th  plenary 
session,  held  on 12 and  13 December  1979  (meeting 
of 13 December  1979), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
with  12 votes  against  and  14 abstentions: 
I. General  comments 
1.1. The  Committee  defines  the aim  of consumer 
policy  as the  creation  of the  conditions  in which 
prosperity  can  be developed  in terms  of quality. 
Consumer  policy  must  be seen  as an essential  com-
ponent  of overall  socio-economic  policy. 
1.2. The  Committee  is pleased  to note  that  the 
draft  action  programme  of the European  Communi-
ties with  regard  to consumers  is based  on a similar 
approach  to consumer  policy. 
1.3. The  Committee  endorses  the reasons  and  the 
need  for a second  consumer  programme.  In assess-
ing the content  of such  a programme,  account  must 
be taken  of new  economic  and  social  developments, 
the most  important  factor  here  being  the  need  for 
greater  selectivity  in consumption.  In addition,  the 
second  programme  must  incorporate  those  parts  of 
the first  programme  which  have  not yet been  imple-
mented.  The  extent  to which  measures  already  taken 
are achieving  their  intended  goals  must  also  be 
examined. 
1.4. The  Committee  notes  that,  although  the draft 
programme  announces  numerous  measures  to bene-
fit the consumer,  no concrete  proposals  are made  for 
a purposeful  policy  in many  areas  on account  of the 
desire  for flexibility.  The  Committee  would  like  the 
proposed  investigations  and  studies  to lead  to con-
crete  proposals  for a consumer  policy. 
1.5. The  Committee  endorses  the  Commission's 
view  that  in a number  of areas  binding  provisions (Regulations,  Directives  and  Decisions)  will  be 
needed  to achieve  consumer  policy  aims.  If neces-
sary,  these  provisions  must  be  incorporated  in 
national  legislation  by  the  Member  States,  in 
accordance  with  their  own  legal  systems  and  in 
agreement  with  the Commission. 
1.6. The  Committee  agrees  that  the  Commission 
should  — for  the  time  being  on an experimental 
basis  — try to initiate  a dialogue  between  consumer 
representatives  on the one  hand  and  representatives 
of manufacturers  and  retailers  on the  other.  In the 
Committee's  view  such  a dialogue  must  not,  how-
ever,  be restricted  to private  firms  and  consumer 
organizations,  but  must  also  include  consultations 
between  consumer  organizations  and  public  institu-
tions  and  the  government  on issues  with  consumer 
aspects. 
The question  of whether  and,  if so, to what  extent 
such  a dialogue  can  lead  to effective  agreements 
between  producers/distributors  and  consumer 
organizations  is a matter  which  requires  further 
study.  The  main  issue  here  will  be whether  effective 
instruments  acceptable  to both  sides  can  be devel-
oped.  In a subsequent  study  the  Economic  and 
Social  Committee  could  define  the  general  frame-
work  for such  codes. 
1.7. The  Committee  is pleased  to note  that  con-
sumer  policy  will  not  only  be concerned  with  the 
prices  of goods  and  services,  but will  also  pay  close 
attention  to their  quality. 
Information  on quality  and  improvement  of the 
methods  of monitoring  compliance  with  existing 
quality  regulations,  as announced  in  the  pro-
gramme,  are important  here.  And  additional  require-
ment,  in the Committee's  view,  is the development 
of new  quality  regulations  and  areas  where  this  is 
called  for from  the consumer  angle. 
1.8. The  draft  programme  lays  the emphasis  on a 
policy  which  will  create  conditions  enabling  the 
consumer  to hold  the  balance  between  market 
forces.  The  Committee  would  agree  with  this,  but 
would  also  point  out that  a large  and  ever  increasing 
proportion  of consumer  spending  takes  place  in the 
public  and  quasi-public  sector.  Since  the  market 
mechanism  does  not — indeed  cannot  — play  a role 
there,  or plays  a much  more  limited  role,  although 
important  consumer  interests  are certainly  involved, 
adequate  means  of promoting  consumer  interests 
should  be sought.  The  Committee  has  in mind  here 
not only  public  utilities,  but also,  for example,  cer-
tain aspects  of education,  medical  care  and  the envi-
ronment. 
No C 83/26 Official  Journal  of the European  Communities 2. 4. 80 
1.9. The  Committee  recognizes  that  it is important 
for the consumer  that  the competition  provisions  of 
the EEC  Treaty  be applied  effectively.  To maximize 
the benefits  to the consumer  the competition  system 
must  be accompanied  by measures  on standardiza-
tion,  price  and  quality  regulations  for goods  and  ser-
vices,  and  consumer  education. 
1.10.  In  the  Committee's  view,  it is too  often 
assumed  in the  draft  programme  that  the  problems 
are the  same  for  all consumers.  The  Committee 
would  urge  that  a study  be made  of the  differing 
requirements  of various  groups  of consumers,  the 
position  of consumers  in economically  weak  regions 
and the resulting  policy  implications. 2.2.2.  The  Committee  would  like  the advertising  of 
pharmaceutical  products  to be given  such  priority 
that a proposal  can  be made  without  delay. 
2.2.3.  The  consumer  aspects  of medical  care  (both 
the facilities  and  the  cost  thereof)  should  be added 
to the  programme.  In this  connection  particular 
attention  should  be paid  to the reasons  for  the dif-
ferences  in the  prices  of  the  same  medicines 
between  one  Member  State  and  another  and  the rea-
sons  for  the  scale  on which  medicines  are  con-
sumed.  Progressive  harmonization  of the  various 
national  rules  and  regulations  on the  approval  of 
medicines  should  also  be an objective. 
1.11.  As  regards  the level  of harmonization  of spe-
cific  consumer  policy  measures,  the  Committee 
would  reiterate  what  has  already  been  stated  on this 
subject  in a Committee  study. 2.2.4.  The  programme  should  also  include  as prior-
ity measures  the  early  submission  by the  Commis-
sion of suitable  proposals,  including  on advertising, 
relating  to products  which  are  harmful  to the  con-
sumer. 
The approximation  of laws  with  consumer  aspects 
could  — taking  into  account  national  legal  practices 
— be based  on the  national  legislation  offering  the 
best possibilities  for  consumer  protection;  where 
possible,  Community  legislation  should  take 
account  of the latest  ideas  in the relevant  field. 2.2.5.  The  Committee  notes  with  satisfaction  that 
it is proposed  under  paragraph  26 to establish  a sys-
tem for  the rapid  exchange  of information  on dan-
gerous  products. 
2. Specific  comments The Committee  would  like  the proposal  mentioned 
to ensure  that  the  exchange  includes  all relevant 
information  and  also  to provide  for  a procedure 
ensuring  withdrawal  of dangerous  products. 
2.1. The  Committee  approves  the principles  under-
lying  the  various  components  of Community  con-
sumer  policy. 2.3. The  consumer's  economic  interests 
2.2. Health  and  safety 
2.2.1.  The  Committee  notes  that  the  Commission 
intends  to make  use  of the  most  reliable  and  ad-
vanced  scientific  and  technical  expertise  available 
when  adopting  measures  in the  area  of health  and 
safety  (paragraph  22 of the draft  programme). 2.3.1.  The  Committee  thinks  that,  with  a view  to 
protecting  the  consumer  in the  marketplace,  com-
mercial  practices  throughout  the Community  should 
be harmonized,  taking  the  most  advanced  system 
(from  a consumer  point  of view)  as a guideline.  The 
action  already  announced  on unfair  terms  in con-
tracts  would  tie in with  such  a measure.  The  Com-
mittee  cannot  go along  with  the  fact  that  the  pro-
gramme  does  not cover  premium  offers. 
The Committee  would  urge  (a) that  the  latest  ideas 
in the  relevant  field  should  be the  standard  for  the 
harmonization  of legislation  and  (b)  that  existing 
Directives  be rechecked  against  this  criterion  and 
adapted  where  this  is clearly  necessary. 2.3.2.  The  Committee  considers  that,  if the quality 
aspects  of goods  and  services  are to be approached 
in the  proper  way,  a central  position  will  have  to be 
given  to the quality/price  relationship. 
2. 4. 80 Official  Journal  of the European  Communities No C 83/27 
The Committee  welcomes  the fact  that  the Commis-
sion has  included  inquiries  into  prices  and  distribu-
tion structures  in the programme. 
The Committee  would  point  out  that  effective 
instruments  will  have  to be developed  for obtaining 
the necessary  information. 
The findings  of the  price  investigations  should  be 
made  public.  They  must  form  the basis  for policy  in 
this area.  An advisory  committee  on which  the  par-
ties concerned  — including  consumers  — are repre-
sented  must  advise  the Commission  on this. 
2.3.3.  The  Committee  calls  upon  the  Commission 
to take  steps  to integrate  consumer  aspects  more  sys-
tematically  into  the  common  agricultural  policy  in 
order  both  to stimulate  an improvement  in the qual-
ity of foodstuffs  and  to reduce  the impact  of the cost 
of food  on family  budgets. 
2.3.4.  The  Committee  thinks  that  the  approach  to 
consumer  policy  advocated  in the  programme  must 
be translated  into  more  concrete  points.  In the deve-
lopment  of industrial  policy  and  innovation  policy, 
great  importance  should  therefore  be attached  to a 
pattern  of consumption  that  pays  regard  to the qual-
ity of life.  In this  connection  the  Committee  would 
point  to the need  to devote  attention  to the consequ-
ences  for the consumer  of a policy  that  places  heavy 
emphasis  on the  introduction  of new  departures  in 
production  processes  and  the  development  of new 
products  and  new  methods  of distribution.  The 
environmental  aspects  should  also  be taken  into 
consideration  in this  context. 
2.3.5.  The  Committee  is pleased  to see  high  prior-
ity given  to the  services  sector  in the  second  con-
sumer  programme. 
The Committee  would  point  here  to the  need  to 
improve  the position  of the consumer  vis-a-vis  pub-
lic and  semipublic  services. (b) encouragement  for the setting  up of consumer  or 
legal  advice  centres; 
(c) encouragement  for  the setting  up of conciliation 
and arbitration  bodies; 
(d)submission  of a proposal  for a Directive  on sim-
plification  of the processes  of law,  which  should 
lay down  the following  principles: 
— the procedure  should  be simple  and  free  of 
unnecessary  formalities; 
— there  should  be no obligation  to be repre-
sented  in the proceedings; 
— it should  be possible  for the case  to be dealt 
with  orally; 
— the  judge  should  have  great  freedom  regard-
ing the way  in which  the proceedings  are con-
ducted; 
— the costs  of the actual  proceedings  should  be 
very  low; 
— high  costs  for  expert  investigation  should  be 
avoided; 
— measures  should  be taken  to ensure  that  deci-
sions  are actually  carried  out; 
(e) submission  of a proposal  for a Directive  on gen-
eral interest'  and  class  actions.  The  following 
points  would  have  to be taken  into  account  here: 
— the general  principle  that  representative  con-
sumer  organizations  and  bodies  working  in 
the interests  of consumers  can  defend  consu-
mers'  rights  at law; 
— the actions  that  these  bodies  should  be 
allowed  to bring; 
— the criteria  such  bodies  must  satisfy  in order 
to qualify  for these  powers. 
2.5. Consumer  information  and  education 
2.4. The  legal  position  of the consumer 
2.4.1.  With  reference  to its recent  study  on the sub-
ject,  the Committee  would  like  the following  points 
connected  with  the legal  protection  of the consumer 
to be included  in the programme: 
(a) stimulation  and  coordination  of consumer  infor-
mation  and  education  concerning  legal  matters; 2.5.1.  As  regards  consumer  education,  the  Com-
mittee  considers  it desirable  that  consumer  affairs  be 
viewed  in a broad  context.  The  central  issue  here 
should  be how  the  consumer  can  achieve  the  great-
est possible  well-being  in the  present  and  future 
economic  and  social  situation. 
2.5.2.  The  Committee  thinks  it might  be advanta-
geous  for the Commission  to take  steps  to set up an 
No C 83/28 Official  Journal  of the European  Communities 2. 4. 80 
exchange  between  the  various  educational  pro-
grammes  in this  area. 
2.5.3.  It is the Committee's  opinion  that  consumer 
information  is of major  importance  in view  of recent 
trends  involving  more  selective  consumption. 
This information  should  be geared  to the different 
groups  of consumers,  which  special  attention  being 
paid to those  groups  in a more  vulnerable  position 
(elderly,  disabled,  etc.). 
2.5.4.  From  the point  of view  of consumer  infor-
mation,  the Committee  thinks  that  great  importance 
must  be attached  to a system  of informative  labell-
ing that  can be understood  by the consumer. 
The Committee  notes  that  in some  Community 
countries  a system  of voluntary  labelling  has  been 
developed  and  that  in other  countries  regulations 
have  been  introduced  or are being  drawn  up. 
The Committee  welcomes  any initiatives  on the part 
of the  Commission  to extend  and  improve  this 
aspect  of consumer  information.  In a number  of 
cases  it will  not be possible  to avoid  statutory  rules. 
2.6. Consumer  representation 
2.6.1.  From  the  approach  to consumer  policy 
which  underlies  the second  programme  (and  which 
has been  approved  by the  Committee  in earlier 
opinions  and  studies)  it follows  automatically  that 
the consumer  is a participant  in many  parts  of the 
socio-economic  process  and  that  consumer  repre-
sentatives  should  be involved  in the consultations on this  that  take  place  in the  various  sections  of 
society. 
The Committee  expresses  its approval  of the Com-
mission's  proposals,  which  are aimed  at finding  a 
better  institutional  form  for these  consultations. 
The Committee  points  to the need  for the consumer 
to have  a say in the decisions  taken  by those  in con-
trol of public  goods  and  services. 
2.6.2.  Although  the Committee  is familiar  with  the 
set-up  at the consumer's  consultative  committee,  it 
would  nonetheless  urge  that  a fresh  look  should  be 
taken  at this  committee's  role  with  a view  to improv-
ing consumer  participation.  In particular,  the Com-
mittee  would  urge  that  that  committee's  opinions  be 
publicized  more  widely  and  that  its secretariat  be 
made  independent  of the Commission. 
2.7. Draft  resolution 
The Committee  would  like  the following  points  to 
be added  to the draft  Council  resolution: 
(a) approval  of the supplementary  proposals  made 
by the Economic  and  Social  Committee; 
(b)the  Commission  should  be asked  to submit  pro-
posals  under  this  programme  early  enough  to 
ensure  that  the  advisory  bodies,  including  the 
ESC,  are  given  sufficient  time  to produce  an 
opinion  and  to ensure  that  the  Council  can 
decide  on them  within  the five-year  period; 
(c)the  Council  should  also  adhere  to the period  laid 
down  in the programme. 
Done  at Brussels,  13 December  1979. 
The Chairman 
of the Economic  and  Social  Committee 
Raffaele  VANNI