WRITTEN QUESTION E-0858/03

by David Bowe (PSE) to the Commission

(20 March 2003)

Subject: Printer cartridges

Is the Commission aware that many ink jet printer cartridges currently on the market in the EU are fitted with Smartchip technologies that give an inaccurate indication of the amount of ink in the cartridge, leading to significant waste of ink and loss of value to the consumer when they mistakenly discard an ink cartridge that still contains a considerable amount of useful and valuable ink?

Does the Commission not think that it should take action to protect the environment and consumers' rights by firstly ensuring that the public are informed that smartchips in ink cartridges do not in any way measure the amount of ink in the cartridge, but simply report via software to the user an estimated value based on an algorithm created by the manufacturer?

Will the Commission also investigate the possibility of malpractice by the manufacturer? If not why not?

Answer given by Mrs Wallström on behalf of the Commission

(7 May 2003)

The issue of Smart-Chip technologies featured prominently in the final discussions prior to the adoption of Directive 2002/96/EC(1). The Commission is therefore well aware of the issues surrounding the environmental impacts of their manufacture and use. However, from an environmental perspective there is no European legislation that governs the use or design of such products. Nevertheless, the Commission is in the process of developing two initiatives which may provide a suitable framework for addressing such issues.

The first is the forthcoming proposal for a directive on the Eco-design of Energy-Using Products, which should set a framework in which it is possible to address, through legislation, products that have significant environmental impacts within a life-cycle perspective.

The second is Integrated Product Policy (IPP)(2), which will seek to increase the environmental performance of all products through their life-cycle. The main focus of this will be on promoting the integration of life-cycle thinking into all policy areas and promoting the use of tools to reduce the environmental impacts of products, such as Life-Cycle Assessment and the Union Eco-label. It will also focus on products with the greatest environmental impact.

As far as protecting the consumer from alleged inaccurate information is concerned, it should be emphasised that it is a general principle of Community law that labelling should provide clear, accurate and understandable information in a language easily understood by the consumer. That notion includes that the consumer is entitled that the information displayed on the product itself is accurate. Should advertisement give insofar a false impression, Directive 84/450/EEC(3) as amended by Directive 97/55/EC(4) on misleading and comparative advertisement could be infringed. The forthcoming proposal for a framework directive on unfair commercial practices, which is programmed by the Commission before the summer 2003, will deal with and clarify these matters.

(1) Directive 2002/96/EC of the Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) Joint declaration of the Parliament, the Council and the Commission relating to Article 9, OJ L 37, 13.2.2003.

(2) This was the subject of a Green Paper (COM(2001) 68 final)) and will shortly be the subject of a Commission Communication.

(3) Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising, OJ L 250, 19.9.1984.

(4) Directive 97/55/EC of Parliament and of the Council of 6 October 1997, OJ L 290, 23.10.1997.