WRITTEN QUESTION E-2092/02 by Michl Ebner (PPE-DE) to the Commission. Distance contracts: varying cancellation periods.
Date: 2002-07-16
Institutions: European Parliament, Provisional data
Subjects: EU Member State, EU law, approximation of laws, consumer protection, contract, distance selling, national implementing measure, termination of a contract

6.2.2003

EN

Official Journal of the European Union

C 28 E/179

Answer given by Mr Liikanen on behalf of the Commission

(11 September 2002)

Two surveys carried out by the Commission in 1998 and 2001, and the 5th Report on the
implementation of the telecommunications regulatory package (1), have all indicated that the ’112’ call
number has indeed been introduced in all the Member States. Its introduction has been checked via the
Open Network Provision Committees and the Committee on the Action Programme in the field of Civil
Protection. The findings of the surveys, the situation regarding the implementation of 112 in the Union
information can be found on the Europa site at: http://europa.eu.int/comm/
and all other relevant
environment/civil/prote/112/112_en.htm.

The surveys also showed that, of all the Member States, only Germany and the United Kingdom said they
could only handle calls in their official language. In the other Member States, 112 operators in practice
speak English as well as the national language(s).

112 callers should be connected to a body authorised to deal with emergency calls. Call management
organisation, e.g. between police/fire brigade or local/national police, remains entirely the responsibility of
the Member States, which retain the prerogatives of civil defence pursuant to the principle of subsidiarity.

The Commission recently received two complaints concerning emergency service responses in a Member
State. It is now examining these complaints and will probably need to request explanations from the
Member State in question. This is without prejudice to the institution of
infringement proceedings
regarding the implementation of Council Decision 91/396/EEC of 29 July 1991 on the introduction of a
single European emergency call number (2).

Generally speaking, the problems encountered by the Member States would appear to be of two main
types: linguistic, leading to difficulties of understanding, and organisational. In a number of Member States,
the traditional sharing of responsibilities among the emergency services (police/fire brigade/ambulance, for
instance) may mean that 112 callers are not connected to all services.

Under the Action Programme in the field of Civil Protection (3), the Commission is, along with Spanish,
Italian, Greek and Portuguese consumer associations, co-financing two projects to assess the introduction
of 112 in those countries from the point of view of the end user. The findings are expected next year.

The Commission has no information as yet on the introduction of the 112 call number in the candidate
countries, but will be sure to provide the Honourable Member with the relevant details as soon as possible.

(1) COM(1999) 537 final.
(2) OJ L 217, 6.8.1991.
(3) OJ L 327, 21.12.1999.

(2003/C 28 E/204)

WRITTEN QUESTION E-2092/02

by Michl Ebner (PPE-DE) to the Commission

(16 July 2002)

Subject: Distance contracts: varying cancellation periods

Distance contracts are contracts for the delivery of goods or the provision of services which are concluded
between a business and a consumer using means of distance communication only (letters, catalogues,
internet, telephone, etc.).

Directive 97/7/EC (1) grants consumers a cancellation period of at least seven working days for distance
contracts. There are differences in the way in which the Member States implement this Directive. For
in Italy ten working days and in
example,

in Austria the cancellation period is seven working days,

C 28 E/180

Official Journal of the European Union

EN

6.2.2003

Germany two weeks. In addition, Austrian legislation excludes Saturday as a working day, whilst Italian
legislation does not refer to the issue (therefore leaving the last word to the courts).

Is it acceptable for cancellation periods to differ so greatly between Member States?

Do directives or regulations exist which regulate the term ‘working day’? If so, is Saturday considered a
working day or not?

Does the trader have a specific obligation to inform the consumer of the cancellation period?

(1) OJ L 144, 4.6.1997, p. 19.

Answer given by Mr Byrne on behalf of the Commission

(23 September 2002)

Directive 97/7/EC of the Parliament and of the Council of 20 May 1997 on the protection of consumers in
respect of distance contracts (1) is a so-called ‘minimum harmonisation directive’ which allows Member
States to ‘introduce or maintain more stringent provisions compatible with the Treaty, to ensure a higher
level of consumer protection’ (Article 14) than the common level set in the Directive. Differing cancellation
periods that are more favourable to the consumer, as mentioned by the Honourable Member, are therefore
permitted. However, the Commission, has started a broad debate about the future of Union consumer
legislation in its Green paper on Union consumer protection (2) that includes the question of complete
harmonisation of cancellation periods of consumer directives.

Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to
periods, dates and time limits (3), that applies to acts of the Council or the Commission establishes a
definition of ‘working days’ as meaning all days other than public holidays, Sundays and Saturdays
(Article 2(2)).

Article 4(1)(f) of Directive 97/7/EC requires the supplier to provide the consumer, in good time, prior to
the conclusion of any distance contract with information about the existence of a right of withdrawal
(subject to some limited exemptions). The consumer must receive written confirmation of this during the
performance of the contract unless the information has already been given to the consumer prior to the
conclusion of the contract in writing. As well as in ‘writing’, the supplier can also send such information in
another durable medium, for example, by electronic mail.

(1) OJ L 144, 4.6.1997.
(2) COM(2001) 531 final.
(3) OJ L 124, 8.6.1971.

(2003/C 28 E/205)

WRITTEN QUESTION E-2096/02

by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission

Subject: European regions dependent on fisheries

(16 July 2002)

In his answer to Written Question E-0650/02 (1) of 12 April 2002, Commissioner Fischler acknowledges
that there were defects in the analysis of the degree of dependency on fisheries of European coastal regions
and that the Commission would continue ‘improving the methodology’ (sic).

In practical terms, for this purpose, Mr Fischler indicated that a Community research project had been
‘Elaboration et application d’un modèle calculable d’équilibre général à
launched (QLTR-2000-02277:
l’analyse de la contribution des activités halieutiques au développement
régional’, as well as a
methodological study to establish socio-economic indicators to determine the relative importance of the
fishery sector in the regions or zones most dependent on fisheries, with the aim of evaluating and
comparing the impact of other management measures on the economic development of these regions or
zones.