WRITTEN QUESTION E-1399/03 by Mihail Papayannakis (GUE/NGL) to the Commission. Consumer confidence — Directive 93/13/EC.
Date: 2003-04-16
Institutions: European Parliament, Provisional data
Subjects: approximation of laws, consumer credit, consumer information, consumer protection, contract, cost of borrowing, database, unfair terms of contract

C 280 E/136

Official Journal of the European Union

EN

21.11.2003

Answer given by Mr Bolkestein on behalf of the Commission

(11 June 2003)

Directive 2001/29/EC of the Parliament and of the Council of 22 May 2001 on the harmonisation of
certain aspects of copyright and related rights in the information society (1) provides the legal framework
for the protection of effective technological measures. The term ‘technological measure’ means any
technology or device which is designed to prevent or restrict acts, which are not authorised by the
rightholder of the copyright or related right. Such measures are typically those used by rightholders to
protect their works or subject matter such as those which are enshrined in a CD, which are protected by
copyright or related rights from unauthorised copying. The Community and its Member States are required
to protect such measures in accordance with the provisions laid down in the World Intellectual Property
Organisation (WIPO) Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty
(WPPT) which were adopted in 1996 under the auspices of the WIPO. The Directive is the means by
the Treaties,
which the Community and its Member States will
by introducing, inter alia, such protection for technological measures. The Directive was required to be
implemented into Member States’ law by 22 December 2002.

its obligations under

implement

The Commission is indeed aware of the problems in connection with the playing of protected CDs.
1.
A separate issue is whether those who market CDs may, in principle, lawfully limit their playability to
standard CD players and exclude playability on other platforms, such as PC operated systems. Playability
on various platforms is of relevance not only to consumers but also to the consumer electronics and
information technology (IT)
legacy arises i.e. how to accommodate
technological progress and new requirements while respecting consumer investments in earlier systems.
The issue of playability on various platforms may arise irrespective of whether a technical measure in the
sense of the above Directive is applied to the CD. This issue is therefore not limited to the scope of legal
protection of technical measures provided by the Directive which is aimed at acts which are not authorised
by the rightholder.

industries as the question of

The Directive also provides that the legal protection of technical measures should not prevent the
2.
normal operation of electronic equipment and its technological development.
the
Commission, consumers are entitled to be clearly informed, at the time of purchase of a CD or other
product, about all its features and notably all effects of technical protection measures that have been
applied including those affecting playability.

In the view of

3.
The Commission encourages the compatibility and interoperability of the different systems. However,
achieving interoperability and compatibility between content carriers and equipment requires cooperation
amongst all stakeholders including rightholders, the consumer electronics industry, the IT industry and
In dynamic markets, achieving interoperability and compatibility is a rolling process, as new
users.
technology is constantly entering the market.
interoperability and
compatibility are desirable and should be achieved through processes that are voluntary, industry led and
driven.

the Commission,

In the view of

(1) OJ L 167, 22.6.2001.

(2003/C 280 E/155)

WRITTEN QUESTION E-1399/03

by Mihail Papayannakis (GUE/NGL) to the Commission

Subject: Consumer confidence (cid:1) Directive 93/13/EC

(16 April 2003)

The subject of unfair terms in contracts is of particular concern to Member States and national authorities.
As part of the CLUB project, and in the report on the application of Council Directive 93/13/EEC (1) on
unfair terms in consumer contracts, the Commission has found evidence of unfair terms which leave
consumers without protection.

Will the Commission step up controls to prevent or address the problem of unfair terms in contracts?
What measures will it take regarding unfair provisions (taxes) in loan contracts between credit institutions,
particularly banks, and businessmen which, as a result of provisions on limited liability, excessive

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Official Journal of the European Union

C 280 E/137

guarantees and lack of information, have generated great concern in Europe (imbalances in European
markets) and are directly undermining the balance in relations between banks and consumers?

(1) OJ L 95, 21.4.1993, p. 29.

Answer given by Mr Byrne on behalf of the Commission

(18 June 2003)

As the Honourable Member pointed out, the Commission already assists Member States in the application
of Council Directive 93/13/EC of 5 April 1993 on unfair terms in consumer contracts, by continuously
updating the CLAB-database that provides to date for about 9,000 entries of examples of unfair terms.
A conference was held in July 1999 on experience with the Directive, which involved a workshop on the
application of the Unfair Terms Directive to financial services and new technologies. Its findings have been
published in a document ‘The Unfair Terms Directive (cid:1) Five Years On’. The Commission has also
published, on 27 April 2000, a Report on the implementation of Directive 93/13/EC on unfair terms on
consumer contracts (1). The Commission has therefore taken its supervisory role very seriously and
provides assistance to legal practitioners as far as its powers reach. However, the day-to-day enforcement
of the Directive is the responsibility of the Member States.

in its Consumer Policy Strategy,

the Commission committed itself to a review of the
Nevertheless,
consumer acquis after the adoption of a Framework Directive on Unfair Commercial Practices that is
currently being prepared. Moreover, the work to be undertaken following the adoption of an ‘Action Plan
on a More Coherent European Contract Law’ of 12 February 2003 (2) will have an impact on a reform of
the Unfair Terms Directive as a part of the contract law acquis.

As far as consumer credit agreements are concerned, Council Directive 87/102/EEC of 22 December 1986
for the approximation of the laws, regulations and administrative provisions of Member States concerning
consumer credit (3), as last amended by Directive 98/7/EC of the Parliament and of the Council of
16 February 1998 (4), already provides for a certain level of protection. A thoroughly revised Directive has
been proposed by the Commission in September 2002 (5) and is currently being debated.

In its proposal, the Commission puts forward a new provision regarding unfair contract terms in the field
of consumer credit contracts. This article aims at establishing an ad hoc regime for some contractual terms
to be considered as unfair, without prejudice to the application of Directive 93/13/EC.

(1) COM(2000) 248 final.
(2) OJ C 63, 15.3.2003.
(3) OJ L 42, 12.2.1987.
(4) OJ L 101, 1.4.1998.
(5) OJ C 331 E, 31.12.2002.

(2003/C 280 E/156)

WRITTEN QUESTION E-1402/03

by Alexander de Roo (Verts/ALE) to the Commission

(16 April 2003)

Subject: Network of protected areas under threat in the Netherlands

The survival of almost half the vertebrates and butterflies in the Netherlands will come under threat if
current government policy continues. This has emerged from a study carried out by Alterra (Quick Scan
policy changes in the Network of protected areas, 18 February 2003) commissioned by the Council for
Rural Areas. This was an investigative study into the consequences of government policy for species of
animals and plants. This policy involves delaying the introduction of the Network of protected areas (EHS)
because of a cut in the purchasing budget. This delay means that there is a less vigorous approach to
combating the erosion of the countryside.