WRITTEN QUESTION E-1857/02

by Bart Staes (Verts/ALE) to the Commission

(28 June 2002)

Subject: Regulation of advertising campaigns for child-oriented festive periods

Traditional, partly child-oriented, festive periods are often the subject of massive advertising campaigns. Easter articles are often on sale before Lent, St Nicholas advertising sometimes starts just after the beginning of the school year, and it is not unusual for Christmas shows, with their array of presents, to begin in October. Quite apart from the fact that children, and hence also their parents, are being encouraged in an unseemly manner to consume, this form of selling is highly confusing to the very young. The proliferation of Father Christmases and other child-friendly figures means that, where children are concerned, some nice traditions are being sacrificed on the altar of mass consumption.

In order to accommodate the wishes of concerned consumers and avoid more negative reactions, the sector in Belgium, in consultation with consumer organisations there, has imposed a form of self-regulation: no visible St Nicholas advertising before 1 November, no Father Christmas before 1 December, and no Easter bunnies six weeks before Easter. Although this is a good move, the whole thing stands and falls on the good will of traders.

Does the Commission acknowledge there to be a problem here, and is it therefore thinking of adopting Europe-wide measures to protect children against overly aggressive and excessive advertising campaigns that precede child-oriented festive periods? If not, why not?

Answer given by Mr Bolkestein on behalf of the Commission

(21 August 2002)

The honourable Member refers to the massive advertising campaigns launched in the run-up to various traditional festivals such as Saint Nicholas, Christmas and Easter and highlights the fact that such campaigns often begin long before these events, thereby contributing to their over-commercialisation and encouraging in an unseemly manner children and their parents to consume. He informs the Commission that in Belgium the distribution sector, in consultation with Belgian consumer organisations, has decided to impose a self-regulatory code to limit these advertising periods.

The Commission notes with interest the existence of this self-regulatory code. However, it has not come to its attention that rules or self-regulatory codes such as those referred to by the honourable Member have led to any cross-border restrictions on the freedom to provide services or the free movement of goods put on sale during festive periods. It also notes that the importance of the festivals in question may vary from one Member State to another depending on the religious context, traditions and cultures. It therefore considers that, in accordance with the principle of subsidiarity, no immediate action is required at Community level and that such matters can be dealt with at national or local level on condition, of course, that the principles of free movement laid down by the EC Treaty are adhered to.

However, it should also be pointed out that the Commission has just adopted a follow-up communication to the Green Paper on EU Consumer Protection(1). This communication launches a further round of consultation on a possible framework directive on fair commercial practices. This consultation concerns the regulation of commercial practices, including advertising, misleading and unfair commercial practices, and the use of harassment or other undue influence. The communication also mentions the idea that, where a business consciously directs its activities at a specific vulnerable group of consumers (such as children), the consumer detriment criterion must be adjusted accordingly.

(1) COM(2002) 289 final.