WRITTEN QUESTION E-1857/02 by Bart Staes (Verts/ALE) to the Commission. Regulation of advertising campaigns for child-oriented festive periods.
Date: 2002-06-28
Institutions: European Parliament, Provisional data
Subjects: child protection, consumer policy, consumer protection, consumer society, sales promotion, trade regulations

C 301 E/240

Official Journal of the European Communities

EN

5.12.2002

However, the Commission is aware of the problem posed by the river Segura in the provinces of
3.
Murcia and Alicante. The Spanish authorities have sent the Commission their Environmental Recovery Plan
for the Segura basin drawn up by the Ministry of the Environment and the Autonomous Communities of
Murcia and Valencia, which involves the construction of sewage treatment plants, agreements between the
authorities and industry, administrative controls and penalties and very major investment.

The above plan is currently being implemented in the various fields concerned. Six new waste treatment
plants started operating at the beginning of 2002 to improve the environmental health situation in the
river Segura basin, in particular in the central and lower parts of the river.

(2002/C 301 E/254)

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
that such
festivals such as Saint Nicholas, Christmas and Easter and highlights the fact
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.

5.12.2002

EN

Official Journal of the European Communities

C 301 E/241

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.

(2002/C 301 E/255)

WRITTEN QUESTION E-1861/02

by Ilda Figueiredo (GUE/NGL) to the Commission

Subject: Working conditions of seasonal workers

(28 June 2002)

In a Portuguese television broadcast of 16 June 2002, it was stated that farmers in the Basque Country
in
(Spain) are exploiting temporary seasonal workers from Portugal who come to pick strawberries,
conditions which in some cases even verge on slavery.

Can the Commission answer the following:

1. Has it asked for information on the predicament of Portuguese workers employed in conditions of

near-slavery in the Basque Country?

2. What action does it intend to take to deal with this problem?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 July 2002)

The Commission has no specific information on the working and living conditions of Portuguese

1.
workers, which the Honourable Member describes.

However, there are minimum requirements and provisions on working conditions set out by Community
legislation in order to provide appropriate protection for employees’ health and safety. For example, under
Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of
working time (1), Member States shall take the measures necessary to ensure that every worker is entitled to
a minimum daily rest period of 11 consecutive hours per 24-hour period and the average of working time
for each seven day period does not exceed 48 hours. Member States shall also ensure that employers fulfil
their obligations to inform employees of the conditions applicable to the contract or employment
relationship (Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform
employees of the conditions applicable to the contract or employment relationship (2)). Moreover the
posting of workers Directive (Directive 96/71/EC of the Parliament and of the Council of 16 December
1996 concerning the posting of workers in the framework of the provision of services (3)) lays down
certain conditions of employment, including minimum rates of pay, health, safety and hygiene at work,
which must be observed in the Member State where the posted worker performs his work. It also states
that undertakings established in a non-Member State must not be given more favourable treatment than
undertakings established in a Member State.

2.
Any alleged breach of the Member States’ legislation implementing the provisions of Community
legislation in a particular Member State is a matter to be addressed to the competent authority of the
Member State concerned.

(1) OJ L 307, 13.12.1993.
(2) OJ L 288, 18.10.1991.
(3) OJ L 18, 21.1.1997.