WRITTEN QUESTION E-3504/02 by Robert Evans (PSE) to the Commission. Directive on injunctions for the protection of consumers' interests.
Date: 2002-12-10
Institutions: European Parliament, Provisional data
Subjects: EU law, commercial contract, consumer protection, international trade, small and medium-sized enterprises, termination of a contract

C 137 E/218

Official Journal of the European Union

EN

12.6.2003

(2003/C 137 E/246)

WRITTEN QUESTION E-3501/02

by Markus Ferber (PPE-DE) to the Commission

(10 December 2002)

Subject: Transposal of Directive 89/130/EEC of 13 February 1989 on the harmonisation of

the

compilation of gross national product at market prices

1. Which Member States have transposed Directive 89/130/EEC (1) of February 1989 on the harmon-
isation of the compilation of gross national product at market prices?

2. Why are the national transposal measures not published in Celex?

3.

How has the Directive been transposed in the individual Member States?

4. What is the current transposal position?

(1) OJ L 49, 21.2.1989, p. 26.

Answer given by Mr Solbes Mira on behalf of the Commission

(20 January 2003)

Council Directive 89/130/EEC, Euratom, of 13 February 1989, on the harmonisation of the compilation of
gross national product at market prices (GNPmp), also called ‘the GNP Directive’, was notified to Member
States on 16 February 1989, and set up the following objectives for them:

(cid:1) to establish GNPmp according to the European System of Accounts of 1979 (ESA 79) and transmit to
the Commission, before 1 October each year, the figures for GNPmp and its components so that the
Community budgetary calculations can be made;

(cid:1) to provide the Commission with an inventory of the statistical methods and sources used to calculate

GNPmp and its components so that the Commission can check these calculations;

(cid:1) to participate in GNPmp verification and improvement work within the GNP Committee.

In practice, all Member States achieved the objectives of the GNP Directive by transmitting each year (since
October 1989, or following their accession) their GNPmp data based on ESA 79, providing the required
inventory, and participating in GNP Committee work. Council Directive 89/130/EEC has been directly
applied by the Member States. A formal transposition of the GNP Directive into national legislations was
thus not necessary in order to comply with its obligations except in the case of Sweden. No national
implementation measures where therefore sent to the Commission by the rest of the Member States.

Starting for budgetary year 2002, a new European System of Accounts (ESA 95) will be applied for
budgetary calculations. Member States’ obligations under this new system are defined in a proposal for a
Council Regulation currently under discussion within the Council.

is confirmed that when necessary, existing and notified, national

It
mentioned in the CELEX database.

implementation measures are

(2003/C 137 E/247)

WRITTEN QUESTION E-3504/02

by Robert Evans (PSE) to the Commission

(10 December 2002)

Subject: Directive on injunctions for the protection of consumers’ interests

Will the Commission be extending the Directive on injunctions for the protection of consumers’ interests
to cover business-to-business transactions?

12.6.2003

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Official Journal of the European Union

C 137 E/219

Or will the Commission be bringing forward some other proposals for legislation which would provide a
similar cooling-off period and other protection from misleading selling tactics for small businesses?

I have been contacted by small businesses in my constituency who have fallen victim to cross-border
misleading selling tactics and are now faced with large demands for payments for services they did not
realise they were ordering. They would like to see legislation introduced that will protect them from such
unfair practices.

Answer given by Mr Byrne on behalf of the Commission

(16 January 2003)

interests (1)

consumers’

the protection of

to cover business-to-business

The Commission is not currently planning to propose amendments to Directive 98/27/EC on injunctions
transactions.
for
The Injunctions Directive establishes a common procedure to allow a qualified body (such as a consumer
association or public enforcement authority) from one Member State to seek an injunction in another.
It aims to control traders that undertake activities in one Member State which harm the collective interests
of consumers in another Member State. An injunction may be sought for infringements of national
provisions transposing the Union consumer Directives. For example, infringements concerning Directives
on misleading advertisements, consumer credit, package travel, unfair contract terms, distance selling
contracts, sale of consumer goods and guarantees. However, the Commission is required in its first report
on the application of the Directive due in July 2003 to examine, in particular, its scope ‘in relation to the
protection of the collective interests of persons exercising a commercial, industrial, craft or professional
activity’.

(B2B)

There are no plans to introduce a right of withdrawal from contractual obligations in B2B relationships
such as those contained within the consumer protection directives.

The Commission is aware of problems experienced by small and medium-sized enterprises (SMEs) that
have fallen victim to cross-border misleading selling practices.
It should however be underlined that
Directive 84/450/EEC as amended by Directive 97/55/EC (2) on misleading and comparative advertisement
already provides for a certain standard of protection against misleading representations which covers
relations between businesses.

(1) OJ L 166, 11.6.1998.
(2) 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.

(2003/C 137 E/248)

WRITTEN QUESTION P-3517/02

by Chris Davies (ELDR) to the Commission

(3 December 2002)

Subject: Common Fisheries Policy

The Worldwide Fund for Nature (WWF) claims that:

(cid:1) EU fisheries funding in 2000-2006 is set to reach almost twice the amount for 1994-1999 despite

concerns about depletion of fish stocks;

(cid:1) during the period 2000-2006, EUR 1,06 billion are to be spent on reducing fishing efforts, while
EUR 1,18 billion are to be spent on subsidies which will not prevent depletion of fish stocks, such as
modernising or building new boats.