WRITTEN QUESTION E-2828/03 by Kathleen Van Brempt (PSE) to the Commission. Readability of rewritable CD ROMs.
Date: 2003-09-23
Institutions: European Parliament, Provisional data
Subjects: consumer protection, defective product, optical medium, producer's liability

C 65 E/226

Official Journal of the European Union

EN

13.3.2004

projects between teacher-training colleges funded under Socrates/Comenius, which also offers grants for
teacher training. Only those activities involving learning a language as a foreign language are limited to the
official languages plus Irish and Luxembourgish, under the decision establishing the Socrates programme.

The Commission Action Plan ‘Promoting Language Learning and Linguistic Diversity’ provides in point
III.1.1 for the organisation of a conference in 2005 to promote cooperation on questions relating to
regional and minority languages in education systems.

(2004/C 65 E/241)

WRITTEN QUESTION E-2828/03

by Kathleen Van Brempt (PSE) to the Commission

(23 September 2003)

Subject: Readability of rewritable CD ROMs

Valuable data on CD ROMs does not always last long in practice. A trial carried out by a Dutch computer
magazine, PC-Active, has shown that data on a self-burned CD (CD-R/REW) can become unreadable in less
than two years. PC-Active tested the quality of thirty brands of rewritable CD. The discs were stored for
20 months in their original packaging in a locked cupboard. Then the condition of the CDs was assessed
by a professional CD analyser. The test showed that a number of CD-Rs had become totally unreadable,
and others partly unreadable. Data that had been saved on the discs 20 months before had become
unreadable. The manufacturers involved include both well-known and less well-known brands. CD-ROM
manufacturers claim, however, that their products last at least ten years; some even claim they have a
useful life of a hundred years.

Is the Commission aware of this research?

Does the Commission intend to take action in light of these findings? If so, what?

If not, why not? Does the Commission believe that the claims of readability of CD-ROMs are misleading?

Answer given by Mr Byrne on behalf of the Commission

(28 October 2003)

The Commission has not been informed of this particular research into the durability of CD-ROMs and is
not competent to intervene in concrete cases.

The Commission would like, however, to inform the Honourable Member that, in business-to-consumer
relationships, public statements on the specific characteristics of goods made by a seller or a producer or a
representative can determine whether goods are in conformity with the contract. Goods must, above all,
conform with the contractual specifications (recital 7 of the Directive 1999/44/EC of the Parliament and of
the Council of 25 May 1999, on certain aspects of
the sale of consumer goods and associated
guarantees (1)). Article 2(2)(d) of the Directive provides that goods are in conformity with the contract if
they show the quality and performance which are normal in goods of the same type taking into account
any public statement made on the specific characteristics of the goods, in particular in advertisements and
labelling.

The life span of a CD-ROM and the durability of data saved on it can amount to specific characteristics.
If these specific characteristics are not met, the consumer can ask to have the goods brought in conformity
with the contract by repair or replacement, ask for a price reduction or have the contract of sale rescinded
according to Article 3 of the Directive. The consumer disposes of this legal guarantee for a minimum
period of two years from the delivery of the goods.

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Official Journal of the European Union

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False claims about the quality features of goods could also be misleading under the terms of 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 (2) as amended by
Directive 97/55/EC of Parliament and of the Council of 6 October 1997 (3) so as to include comparative
advertising. It is up to the national authorities to decide whether the claims the Honourable Member refers
to on readability of CD-ROMs are misleading under this Directive. More generally, it is up to the national
authorities and not for the Commission to enforce Community and national law aimed at the protection of
consumers.

(1) OJ L 171, 7.7.1999.
(2) OJ L 250, 19.9.1984.
(3) OJ L 290, 23.10.1997.

(2004/C 65 E/242)

WRITTEN QUESTION E-2829/03

by Jan Mulder (ELDR) to the Commission

(23 September 2003)

Subject: Cost of foot-and-mouth disease outbreaks

1. Will the Commission compensate farmers for any economic losses caused by difficulties selling meat
and dairy products from animals that, in accordance with the recent FMD Directive, are vaccinated against
foot-and-mouth disease by a Member State during an outbreak of the disease and allowed to survive?

2.
If not, is the Commission aware that, on the basis of the costs and benefits involved, disposing of
animals can be a more attractive option for farmers because the total losses caused by vaccination are
likely to be higher? Does the Commission realise that this would in fact cost the EU budget more?

Does the Commission intend to evaluate the rules on compensation for FMD and amend them in the

3.
light of the above?

Does the Commission see ways of guaranteeing or promoting the (European) sale of meat and dairy

4.
products from animals vaccinated against FMD, in view of the depressed state of the industry?

In the event of an outbreak of FMD, will the Commission continue to reimburse in part the costs

5.
incurred in disposing of animals susceptible to FMD in order to combat such an outbreak?

Answer given by Mr Byrne on behalf of the Commission

(31 October 2003)

With reference to the questions raised by the Honourable Member, the Commission would like to refer to
the new Directive on Community measures for the control of foot-and-mouth disease, which was adopted
by the Council on 29 September 2003 (1).

The new Directive takes due account of the Resolution of the Parliament of 12 December 2002. It also
incorporates the recommendations made by the Parliament, the European Committee of the Regions and
the European Economic and Social Committee during the consultation process.

Before responding to each of the individual questions, it should be recalled that the underlying principles
of the newly adopted Directive remain unchanged compared to the measures provided for in Council
Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot-
and-mouth disease (2), albeit with a shift of emphasis regarding the use of emergency vaccination. At its
meeting of 12 June 2003 the Council of Ministers of Agriculture agreed therefore to maintain the existing
principles of Community contributions to the costs incurred by Member States for the control and
eradication of foot-and-mouth disease, as laid down in Council Decision 90/424/EEC of 26 June 1990 on
expenditure in the veterinary field (3).