29. 6. 77 Official  Journal  of the  European  Communities No C 152/7 
ANNEX 
to the opinion  of the Economic  and Social  Committee 
The following  text  of the  Section's  opinion  has  been  deleted  following  the  acceptance  of an 
amendment  proposed  during  the  debate: 
Paragraph  2.1.1.  — Last  sentence 
'The  Directive,  however,  should  exclude  exotic  species  imported  from  outside  the  EEC 
countries', 
Voting 
For:  24, against:  16, abstentions:  19. 
The following  text  of the  Section's  opinion  has  been  modified  following  the  acceptance  of an 
amendment  proposed  during  the debate: 
Beginning  of point  2.6.1. 
'The  Section  was  of the  opinion  that  Annex  II should  be re-examined  .. 
Voting 
Adopted  unanimously. 
Opinion  on  the  implementation  and  development  of the  Community's  consumer 
protection  and  information  programme 
The opinion  of the Committee  is not based  on any  text. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 28 October  1975  the  Bureau  of the  Committee  decided,  under  the  third  paragraph 
of Article  20 of its Rules  of Procedure,  to deliver  an additional  opinion  on the  above-
mentioned  subject. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the  above  matter  at its 
J49th  plenary  session,  held  in Brussels  on 25 and  26 May  1977. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the decision  taken  by its Bureau  on 
28 October  1975,  under  the  third  paragraph  of Article  20 of the  Rules  of Procedure,  instructing  the 
Section  for  Protection  of the  Environment,  Public 
Health  and  Consumer  Affairs  to draw  up  an 
additional  opinion  and  an additional  report  on the 
No C 152/8 Official  Journal  of the European  Communities 29. 6. 77 
implementation  and  development  of  the 
Community's  consumer  protection  and  information 
programme, 
Having  regard  to the  opinion  issued  by the  said 
Section  at its meeting  on 10 May  1977, 
Having  regard  to the  Report  submitted  by  the 
Rapporteur,  Mr Ramaekers, 
Having  regard  to the discussions  at its 149th  Plenary 
Session,  held  on 25 and  26 May  1977  (meeting  of 26 
May), 
HAS  ADOPTED  THE  FOLLOWING  OPINION, 
with no votes  against  and  5 abstentions: 
1. General  Comments 
1.1. The  European  venture  is in need  of a new 
impetus. 
1.2. To  quote  the Tindemans'  Report,  'Europe  can 
and must  identify  itself  with  the concerted  and  better 
controlled  pursuit  of the  common  good,  with 
economic  resources  being  reoriented  towards  the 
collective  interest,  a reduction  in regional  and  social 
inequalities,  decentralization  and  participation  in 
decision  making'. 
1.3. 'European  Union  must  be experienced  by the 
citizen  in his daily  life'. 
1.4. Among  the measures  required  to give  the man 
in the street  an interest  in the building  of Europe  are 
steps  for 'strengthening  and  coordinating  measures  of 
consumer  protection',  as called  for by the Heads  of 
State  or of Government  of the enlarged  Community 
at their  Paris  meeting  in October  1972. 
1.5. The  Preliminary  Community  Programme  for a 
Consumer  Protection  and  Information  Policy  was 
adopted  by the Commission  in December  1973  and 
approved  by the  Council  of Ministers  on 14 April 
1975.  This  programme  is clearly  a step  towards 
achieving  the  goals  laid  down  at the  Paris  summit 
meeting. 
1.6. The  Committee  gave  its approval  to the 
programme  on 28 March  1974.  The  programme  is to 
be implemented  over  a period  of four  years. 1.7. This  desire  to protect  consumers  has  already 
been  reflected  in a number  of Directives  and  draft 
Directives,  especially  in the foodstuffs  sector.  Among 
other  things,  quality  standards  have  been  fixed  for 
products,  rules  have  been  laid  down  on labelling  and 
limits  have  been  set on the  use  of additives.  The 
Commission  has  also  started  work  on matters  which 
are more  directly  connected  with  the  legal  and 
economic  interests  of consumers,  and  draft  Directives 
have  already  been  drawn  up, or are in the process  of 
being  drawn  up, on the following  subjects: 
— product  liability, 
— consumer  credit, 
— doorstep  selling, 
— correspondence  courses, 
— unfair  clauses  in contracts, 
— misleading  advertising, 
— unit  pricing. 
1.8. At  the moment  it is still  too early  assess  how 
the programme  as a whole  is being  given  concrete 
form  in  Community  and  national  law.  The 
Committee  reserves  the right  to revert  to this  matter 
in due  course  in an own-initiative  opinion. 
1.9. Attention  should,  however,  be drawn  to the 
dynamic  role  played  by  the  Commission's 
Environment  and  Consumer  Protection  Service  in the 
process  by which  consumer  interests  are taken  into 
account  by the Commission. 
1.10.  In  this  respect  the line  of approach  adopted 
by the Commission  is encouraging. 
1.11.  In  his inaugural  speech  before  the European 
Parliament  on 11 January  1977,  the new  Commission 
President,  Mr Jenkins,  said  in effect  that  'we  should 
give greater  weight  to the protection  of the consumer 
as well  as to that  of the environment  in which  we all 
live'. 
1.12.  In  keeping  with  this  statement,  there  has 
already  been  a re-allocation  of duties  at the 
Commission;  the  Environment  and  Consumer 
Protection  Service  will  in  future  bear  prime 
responsibility  for matters  which  are  very  important 
from  the  consumer  protection  angle,  such  as food 
labelling,  school  and  educational  equipment,  toys, 
household  products,  cosmetics,  the  labelling  of 
textiles,  consumer  credit,  unfair  clauses  in contracts 
and misleading  advertising. 
29. 6. 77 Official  Journal  of the  European  Communities No C 152/9 
1.13.  In  addition,  the  Service  will  be  jointly 
responsible  for  'horizontal'  Directives  relating  to 
additives  and  presticide  residues  in foodstuffs. 
1.14.  The  Committee  thinks  that  the importance  of 
the Service's  responsibilities  should  be  given 
recognition  in a review  of administrative  structures 
that should  in due  course  lead  to the  setting-up  of a 
Directorate-General. 
1.15.  It  would  also  be  useful  to try  to draw 
conclusions  from  the,  admittedly  brief,  experience 
gained  so far in implementing  the programme  and  to 
list the  points  which  might  be  included  in the 
Community's  next  programme  concerning  consumers 
and consumer  problems  (1). This  work  should  be the 
result  of a continuing  and  thorough  dialogue  between 
all the  social  groupings,  in order  to arrive  at a 
consensus  acceptable  to all. 
1.16.  Consumer  protection  and  information 
problems  cannot  be separated  from  a real  policy  on 
consumption  (2), which,  in turn,  is but  one  aspect  of 
economic  policy. 
1.17.  Consumer  problems  must  not  be regarded  as 
being  of secondary  importance  compared  with  other 
economic  and  social  problems  deserving  of attention. 
1.18.  The  two  sides  of industry  are  aware  of the 
importance  of consumer  problems  but  up to now 
have  not  always  been  able  to devote  sufficient 
attention  to them. 
1.19.  Public  authorities,  sensitive  to the  line  of 
action  followed  by  these  pressure  groups, 
consequently  tend  likewise  not  to pay  sufficient 
attention  to consumer  problems. 
1.20.  Economic  and  social  problems  can  be dealt 
with  more  effectively,  and  the  efficiency  of the 
economic  and  social  system  can  be better  assessed,  if 
consumer  aspects  are taken  into  consideration. 
1.21.  Consumers  and  users  must  thus  be able  to 
make  their  views  known. 
(') Translator's  Note:  Throughout  this document  'consumer 
problems'  ('problemes  de consommation'  in the French 
original)  are to be taken  as embracing  also  problems 
of consumption  in the  macro-economic  sense  of the 
term. 
(2) The  terms  'consumer  policy'  and  'policy  on consump-
tion'  are explained  in section  3 of this  opinion. 1.22.  If  consumers  are  to  be  recognized  as 
fully-fledged  interlocutors,  consultations  of consumer 
representatives  must  gradually  be organized  in such  a 
way as to put  them  on a par  with  consultations  of 
other  economic  and  social  interest  groups. 
2. Prerequisites 
2.1. Clearly-defined,  responsibilities 
2.1.1.  Consumer  problems  cover  a very  broad 
field.  This  applies  at all  levels  (Community  and 
national  authorities,  firms  and  the judiciary). 
2.1.2.  Responsibility  is generally  diffuse  and  it is 
not always  easy  to find  out  who  is really  responsible 
for a particular  field.  If it has no definite  focus,  action 
by consumer  organizations  is liable  to lose  its 
impetus  and  not  be  sufficiently  persevering.  A 
situation  must  therefore  be arrived  at where  the 
consumer  knows  clearly  where  and  whom  to turn  to 
should  the need  arise. 
2.1.3.  The  experience  gained  at the Commission  in 
this respect  is significant.  Consumer  policy  did  not 
really  get  off the  ground  until  a Commissioner  was 
made  responsible  for drawing  up and  implementing  a 
consumer  programme  and  the  Environment  and 
Consumer  Protection  Service,  reporting  to him  direct, 
was set up. 
2.1.4.  Each  Member  State  should  have  an 
authority  responsible  for  consumer  affairs.  This 
authority  could  cover  other  fields  as  well  as 
consumer  affairs  but  should  have  at its disposal  an 
administrative  unit  dealing  exclusively  with  consumer 
affairs. 
2.1.5.  The  establishment  of such  parallel  structures 
at Community  and  national  level  would  also  make 
possible  direct  links  between  Community  and 
national  authorities  in the field  of consumer  affairs. 
2.1.6.  What  applies  at political  level  may  also 
apply  in the  business  world.  Without  wishing  to 
comment  on the status  of representatives  of consumer 
interests,  the Committee  nevertheless  thinks  it is true 
that the  presence  of such  representatives  in certain 
firms  ought  to facilitate  relations  with  consumer 
organizations  and  individual  consumers. 
2.1.7.  Similar  steps  should  be taken  with  a view  to 
improving  the  way  the  legal  system  operates.  This 
frequently  discourages  consumers  at the moment. 
No C 152/10 Official  Journal  of the  European  Communities 29. 6. 77 
2.2. Consumers  who  are  both  representative  and 
responsible 
2.2.1.  Before  consumer  policy  and  policy  on 
consumption  are  implemented,  there  must  be 
consultation  with  all the interested  parties,  including 
consumers'  representatives. 
2.2.2.  Consultations  with  consumer  representatives 
must  be.  held  at political  authority  level.  In cases 
where  a monopoly  exists  or where  there  is a 
considerable  degree  of concentration,  appropriate 
procedures  must  also  be  available  to  enable 
consumers  or users  to make  their  views  known  to the 
authorities  and  to undertakings  in both  the  public 
and private  sectors. 
2.2.3.  If  consultations  are to be genuine,  however, 
there  must  be  representative  and  responsible 
interlocutors. 
2.2.4.  It  may  be  asked  what  is meant  by 
'representative'.  It is difficult  to lay down  criteria  of 
'representativevess'.  At the  present  time  recognition 
is, in the final  analysis,  the result  of a political  choice 
made  — in particular  on the basis  of activities  in the 
area of consumer  affairs  — by the public  authorities 
at local,  regional  or national  level,  or by Community 
institutions  at supranational  level.  This  choice  is 
influenced,  inter  alia,  by  the  impact  which  the 
consumer  activities  of the  organizations  concerned 
have  on public  opinion.  Up to now  this  has proved  to 
be the most  satisfactory  and practical  procedure. 
2.2.5.  In  order  to be 'responsible',  consumers  and 
their  representatives  must  — just  like  any other  social 
group  — have  a certain  level  of education  and  they 
must  also  have  access  to information  about  products 
and services,  firms  and  the  general  economic 
situation.  Consumers  can  receive  this  education 
through  many  different  channels,  such  as schools, 
recurrent  adult  education,  the  mass  media  and 
participation  in  the  activities  of  consumer 
organizations.  There  is also  the  possibility  of 
on-the-job  training  for  consumers  who  decide  to 
form  a group  and  run their  own  businesses. 
2.2.6.  As  regards  information,  it will  be necessary 
to specify  the  minimum  content  and  the  way  in 
which  access  is to be provided. 
3. Consumer  policy  and  policy  on consumption 
3.1. These  two  policies  deal  in the first  place  with 
problems  connected  with  the consumption  of goods 
and services  currently  on the  market,  including  the depletion  and  degradation  of natural  resources.  It is a 
question  of implementing  the consumer  rights  set out 
in the preliminary  programme. 
3.2. The  two  policies  also  cover  future 
consumption.  As is the case  in some  Member  States, 
consumers  should  be  able  to take  part  in the 
consultations  with  regard  to general  economic  policy, 
the decisions  on how  much  of the national  income  is 
to be consumed  and  how  much  is to be invested,  and 
the pattern  of investments.  Special  attention  must  be 
paid to scientific  research  which,  to a large  extent, 
determines  future  patterns  of consumption. 
3.3. It  is hard  to separate  these  policies  from  the 
problem  of access  to goods  and  services,  particularly 
housing,  and  their  distribution  amongst  the  various 
social  groups.  Indeed  social  policy,  which  is largely 
concerned  with  this  problem,  must  — like  general 
economic  policy  — be assessed  in terms  of its effects 
on consumption. 
4. Priorities 
If the  principles  stated  in this  opinion  are  to be 
applied  in practice,  the  Commission  must  set itself 
specific  goals,  to be achieved  if possible  within  the 
next four  years. 
4.1. Enforcement  of existing  legislation 
The Commission  must  ensure  that  the monitoring  of 
the implementation  of Community  legislation  is fully 
effective,  that  reports  are  made  to the  Council  of 
Ministers  in the  event  of shortcomings  and  that 
suggestions  are made,  where  necessary,  as to possible 
remedies. 
4.2. Prices 
The Committee  recalls  that  the  Commission's  tasks 
include  that  of  acting  to  improve  market 
transparency  in cases  where  identical  products  made 
by the same  manufacturer  are being  sold  at widely 
differing  prices  in different  Community  countries,  to 
the detriment  of consumers. 
4.3. Consumer  education  in schools 
The Commission  is already  making  studies  of how 
children  in schools  can  be given  the  rudiments  of 
consumer  education.  These  studies  should  be 
29. 6. 77 Official  Journal  of the European  Communities No C 152/11 
followed  up by concrete  action  — for  example,  by 
steps  to promote  the setting  up of an EEC  centre  and 
parallel  national  centres  for  training  teachers  in 
consumer  matters,  research  and  the  production  of 
appropriate  materials. 
4.4. Concern  for  the environment 
The Commission's  Environment  and  Consumer 
Protection  Service,  recognizing  that  the  consumer  is 
as much  concerned  with  the  quality  of life  as with 
goods  and  services,  should  ensure  that  the consumer's 
point  of view  is given  weight  in matters  relating  to 
the general  conservation  and  improvement  of the 
environment. 
4.5. Consumer  representation 
It should  be  recognized  that  consumers  should 
eventually  be  consulted  on  economic  decisions 
affecting  them,  and  that  a beginning  should  be made 
with  state  industries  (e.g.  transport)  which  are 
monopolies. 
Furthermore,  the  Community  should  encourage 
national  governments  to ensure  that  consumers  are 
adequately  represented  at the  Economic  and  Social 
Committee. 
Finally,  EEC  Directives  should  include  an assessment 
of their  impact  on  the  various  economic  interest 
groups,  indicating,  in particular,  the  effects  on 
consumers. 
4.6. Freedom  of information 
Compared  with  national  administrations,  the 
Community  is comparatively  open  about  its activities. 
This  policy  should  be continued,  taken  even  further 
and publicized. 
The proceedings  of the  Council,  the  Community's 
legislative  body,  remains  strictly  confidential, 
however.  The  Committee  deplores  this  situation. 
4.7. Progress  with  draft  Directives 
The Committee  urges  the Council  to adopt  Directives 
on misleading  advertising,  consumer  credit  and doorstep  selling  (J) within  two  years.  Consideration 
should  also  be given  to the  possibility  of regulating 
more  strictly  the  promotion  of harmful  consumer 
goods  in extensive  use. 
4.8. The  Commission  should  pay  particular 
attention  to the  safety  of products  and  ensure  that 
the European  Foundation  for  the  Improvement  of 
Living  and  Working  Conditions  carries  out  research 
in this  field. 
4.9. The  Commission  should  also  look  for 
arrangements  in the  judicial  sphere  which  would  put 
consumers  in a better  position  in their  dealings  with 
the law. 
4.10.  The  Commission  should  encourage  national 
governments  to set up consumer  advice  centres  in as 
many  places  as possible. 
4.11.  In  Community  Directives  much  attention  is 
paid  to consumer  protection,  as far as products  are 
concerned.  The  same  attention  should  now  be paid 
to the services  sector. 
4.12.  Finally,  the  principle  underlying  the 
follow-up  to the  Commission's  consumer  policy 
programme  should  not  be a defensive  principle  of 
simply  protecting  the  consumer  but  one  of actively 
promoting  consumer  interests. 
4.13.  Up  to  the  present  time  both  consumer 
organizations  and  the  Commission  have  too  often 
adopted  a piecemeal  approach  when  dealing  with 
consumer  problems. 
4.14.  In  the Committee's  view,  an overall  approach 
should  be  adopted  in future,  based  on  extensive 
consultation  — at all levels  — of the  various  parties 
involved. 
4.15.  This  course  of action  should  also  lead  to 
effective  consumer  participation  in the  working  out 
of measures  to improve  living  conditions  and  the 
(*) The  draft  Directive  on doorstep  selling  is currently 
before  the Council.  The  draft  Directives  on consumer 
credit  and  misleading  advertising  will  probably  be 
forwarded  to the Council  by the end of 1977. 
No C 152/12 Official  Journal  of the  European  Communities 29. 6. 77 
environment,  particularly  as regards  energy  options, 
measures  to combat  wastage,  product  safety  and  the 
protection  of natural  resources. 
4.16.  These  steps  should  make  it possible  to 
achieve  a more  even  balance  between  the  various interests  involved.  They  should  also  give  new  impetus 
to the  process  of  economic  unification  in  the 
Community  and  make  for  better  integration  of the 
various  economic  operators  (i.e.  producers,  workers 
and consumers)  in  their  economic  and  social 
environment. 
Done  at Brussels,  26 May  1977. 
The Chairman 
of the  Economic  and  Social  Committee 
Basil  de FERRANTI 
ANNEX 
to the opinion  of the Economic  and  Social  Committee 
The following  two  paragraphs  from  the Section's  opinion  were  replaced  by a new  paragraph 
proposed  in an amendment  adopted  during  the Committee's  discussions: 
'4.2. Prices 
"Where  market  transparency  is inadequate,  the  price  of a given  product  may  vary  very  con-
siderably,  for no apparent  reason.  Consumers  may  thus  find  themselves  paying  prices  that  are 
too high. 
The Commission  will  have  to carry  out  investigations  and,  where  necessary,  submit  proposals 
with  a view  to rectifying  such  situations.  Priority  should  be given,  in particular,  to the  in-
vestigation  of cases  where  a product  made  by a particular  manufacturer  is sold  at widely 
differing  prices  in various  countries  of the Community.' 
Voting 
The amendment  was  adopted  unanimously.