WRITTEN QUESTION E-3814/02 by Graham Watson (ELDR) to the Commission. Prize mailing scams.
Date: 2003-01-09
Institutions: European Parliament, Provisional data
Subjects: approximation of laws, consumer protection, fraud, game of chance, postal service, provision of services

3.7.2003

EN

Official Journal of the European Union

C 155 E/193

Answer given by Mrs Reding on behalf of the Commission

(18 February 2003)

In the field of education, Article 149 of the EC Treaty provides that the Member States are responsible for
the content of teaching and the organisation of education systems.

In order to safeguard cultural and linguistic diversity, which is recognised as an integral part of Europe’s
cultural heritage, the Community is also acting within the limits of the powers granted to it under the
treaties. Pursuant to Article 151(4) of the EC Treaty, which states that cultural aspects must be taken into
account in all Community actions, projects to promote and safeguard regional and minority languages
have been funded in the context of existing Community actions and programmes, such as Socrates,
Comenius or Interreg.

Following the Council Resolution of 14 February 2002 on the promotion of linguistic diversity and
language learning in the framework of the implementation of the objectives of the European Year of
Languages (1), the Commission published a consultation document (2) on the Education and Culture DG’s
website in December 2002. One issue dealt with is the assistance which the EU can give to Member States
to help them encourage linguistic diversity. Around the middle of this year, the Commission will present a
communication to Parliament and the Council concerning an action plan to promote linguistic diversity
and language learning.

The rights of persons belonging to minorities are among the principles common to the Member States as
set out in Article 6 of the Treaty on European Union. These principles, enshrined in various international
conventions (3), were solemnly reaffirmed in the Charter of Fundamental Rights of the European Union (4).
Article 21(1) of the Charter prohibits any discrimination based, among other things, on ethnic origin,
language, religion or membership of a national minority; Article 22 provides that cultural, religious and
linguistic diversity must be respected. It should be stressed, however, that Article 51 of the Charter states
that its provisions are addressed to the institutions and bodies of the Union with due regard for the
principle of subsidiarity and to the Member States only when they are implementing Union law

The infringement procedure laid down in Article 226 of the EC Treaty and the political procedure laid
down in Article 7 of the Treaty on European Union ensure that these principles are complied with. In the
former case, the Commission may bring the matter before the Court of Justice if the infringement falls
within the scope of Community law; this is particularly the case where a Member State transposes a
Community directive incorrectly. In the latter case, the Commission or one third of the Member States
may refer to the Council, meeting in the composition of Heads of State or Government, a serious or
persistent breach of the principles laid down in Article 6.

With regard to language communities in France, and in particular the form of minority language teaching
in schools, the Commission does not have any information pointing to a serious and persistent breach
within the meaning of Article 7 of the Treaty on European Union.

(1) OJ C 50, 23.2.2002.
(2) http://europa.eu.int/comm/education/languages/consult_fr.html.
(3)

For example, the UN’s International Covenant on Civil and Political Rights, Article 27 of which protects the culture
and language of persons belonging to minorities, has been ratified by all the Member States.

(4) OJ C 364, 18.12.2000.

(2003/C 155 E/214)

WRITTEN QUESTION E-3814/02

by Graham Watson (ELDR) to the Commission

(9 January 2003)

Subject:

‘Prize’ mailing scams

Is the Commission aware of the increasing volume of fraudulent mail offers designed to award recipients
with a false prize in return for a handling fee? There would however appear to be a loophole whereby they
are posted from and have a return address to another European country.

C 155 E/194

Official Journal of the European Union

EN

3.7.2003

In the light of this loophole, would the Commission consider introducing legal measures that harmonise
postal laws, in an attempt to blanket ban fraudulent mailings across EU and non-EU countries?

Answer given by Mr Byrne on behalf of the Commission

(17 February 2003)

The Commission receives an increasing number of complaints related to fraudulent prize-winning games
and including prize offers communicated by e-mail. Currently prize-winning games are not regulated at
Community level. However, the Commission proposal for a Parliament and Council Regulation concerning
sales promotions in the Internal Market (1) plans to cover a sub-category of prize-winning games.

Prize-winning games which are of a promotional nature (e.g., promoting a good or service) are covered by
the proposed Regulation on sales promotions. This proposal has received strong support from the
Parliament and is currently being discussed in the Council.
information
requirements which the promoter has to fulfil, in particular on any costs involved other than the purchase
of the promoted good or service, the likely chances of winning, the commercial value of the prize, the
closing date for receipt of entries etc. This information should be provided in a ‘clear and unambiguous
manner’.

It sets out a number of

involving a wagering stake (including in the form of a handling fee) are
Other prize-winning games,
considered to be gambling activities which are, as far as the Commission is aware, strictly regulated in all
Member States.

The subject of the question of the Honourable Member concerns more specifically fraudulent non-
promotional prize-winning games, involving false claims concerning won prizes. As far as the Commission
is aware fraudulent prize-winning games, are banned in all Member States. If, as the Honourable Member
suggests, such offers are emanating from one Member State, such problems could be reduced through
improved cross-border co-operation. Following the large measure of support given to the Commission’s
Green paper on Community consumer protection (2), the Commission has included in its work programme
instrument on administrative co-operation between public bodies
for 2003 a proposal
responsible for consumer protection which should be adopted in the near future.

for a legal

Since the problem highlighted by the Honourable Member does not appear to result from lack of
harmonisation of national laws on postal services, the Commission, therefore, has no plans to modify
Directive 97/67/EC of the Parliament and of the Council of 19 December 1997 on common rules for the
development of the internal market of Community postal services and the improvement of quality of
service (3) as amended by Directive 2002/39/EC of the Parliament and of the Council of 10 June 2002,
with regard to the further opening to competition of Community postal services (4).

(1) OJ C 75 E, 26.3.2002.
(2) COM(2001) 531 final.
(3) OJ L 15, 21.1.1998.
(4) OJ L 176, 5.7.2002.

(2003/C 155 E/215)

WRITTEN QUESTION E-3830/02

by Michl Ebner (PPE-DE) to the Commission

(9 January 2003)

Subject: Medication (cid:1) drugs abuse

Athletes are constantly being accused of drugs abuse, having taken medication which contains ingredients
included on the International Olympic Committee’s official list of banned substances.

Would it not be possible to make such substances readily identifiable (for example by means of a red dot
on the packaging) thereby on the one hand, facilitating matters for athletes and their managers and, on the
other hand, depriving those discovered to have been taking drugs of any possible excuse?