2003/709/EC: Commission Decision of 9 October 2003 setting up a European Consumer Consultative Group
Date: 2003-10-09
Institutions: European Commission
Subjects: consumer movement, consumer protection, rules of procedure

10.10.2003

EN

Official Journal of the European Union

L 258/35

COMMISSION DECISION

of 9 October 2003

setting up a European Consumer Consultative Group

(2003/709/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

2.
The Group may be consulted by the Commission on all
problems relating to the protection of consumer interests at
Community level.

Whereas:

(1) Within the framework of consumer protection as
provided for in Article 153 of the Treaty it is appro-
priate for the Commission to consult consumers on
problems concerning the protection of their interests at
Community level.

(2)

(3)

(4)

Since 1973 the Commission has been assisted by a
forum created for this purpose by consecutive Decisions,
the latest one being Commission Decision 2000/323/EC
of 4 May 2000 setting up a Consumer Committee (1).

That Decision should be adapted to the evolution of the
political and legal framework to take into account the
accession of new Member States and the need for
harmonising the definitions of consumer organisations
with those used in other Community legislation. At the
same time the possibility to associate representatives of
other organisations should be provided for. Moreover, in
accordance with the rules on the creation of Commit-
tees (2),
the current Consumer Committee should be
renamed ‘European Consumer Consultative Group’.

It is further appropriate to increase the transparency and
the efficiency of the operation of the Group, in parti-
cular by amending the procedure for the nomination of
the candidates, making the term of office of members
representing national consumer organisations renewable
only once, putting in place effective reporting mechan-
isms and providing for the adoption of the rules of
procedure of the Group.

(5)

Given the rather extensive nature of the amendments,
Decision 2000/323/EC should be replaced for the sake
of clarity,

HAS DECIDED AS FOLLOWS:

Article 1

The Commission hereby sets up a European Consumer

1.
Consultative Group, hereinafter referred to as ‘the Group’.

(1) OJ L 111, 9.5.2000, p. 30.
(2) Council Decision 1999/468/EC of 28 June 1999 (OJ L 184,
17.7.1999, p. 23); Commission Decision of 24 July 2000,
SEC(2000) 1230.

Article 2

1.

The Group shall be composed of:

(a) one member representing national consumer organisations

from each Member State;

(b) one member from each European consumer organisation.

For the purposes of

2.
this Decision ‘national consumer
organisations’ means consumer organisations representative, in
accordance with national rules or practice, of consumers and
active at national level.

3.
For the purposes of this Decision ‘European consumer
organisations’ means consumer organisations fulfilling one of
the two following sets of criteria: they must:

(a) 1. be non-governmental, non-profit-making,

industry,

commercial

independent
of
and business or other
conflicting interests and have as their primary objectives
the
and activities the promotion and protection of
health, safety and economic interests of consumers in
the Community, and

2. have been mandated to represent the interests of consu-
mers at Community level by national consumer organi-
sations in at least half of the Member States that are
representative,
in accordance with national rules or
practice, of consumers and are active at regional or
national level, and

3. have provided to the Commission satisfactory accounts
rules and sources of

their membership,

internal

of
funding, or

industry,

(b) 1. be non-governmental, non-profit-making,

independent
of
and business or other
conflicting interests, and have as their primary objectives
and activities to represent consumer interests in the
standardisation process at Community level, and

commercial

L 258/36

EN

Official Journal of the European Union

10.10.2003

least

2. have been mandated in at

two-thirds of

the
Member States to represent the interests of consumers at
Community level by
— bodies representative,

in accordance with national
rules or practice, of national consumer organisations
in the Member States, or

— in the absence of such bodies, by national consumer
organisations in the Member States that are repre-
sentative,
in accordance with national rules and
practice, of consumers and are active at national
level.

Article 3

The members of

1.
the Group representing national
consumer organisations shall be appointed by the Commission
on a proposal from the national bodies representing consumer
organisations set up by Member States, where they exist, or
from the competent national authorities.

2. Members representing European consumer organisations
shall be appointed by the Commission on a proposal from the
European consumer organisations.

A number of alternates equal

3.
the
members of the Group shall be appointed under the same
conditions as the members. The alternate shall automatically
replace a member who is absent or indisposed.

to the number of

4.
The Commission shall publish the list of members and
alternates in the C Series of the Official Journal of the European
Union, for information purposes.

Article 4

The term of office of the members shall be three years and shall
be renewable, only once for members representing national
consumer organisations, in accordance with the procedure laid
down in Article 3.

At the end of the three-year period, the members shall remain
in office until a replacement is found or until their term of
office is renewed.

The term of office of the members shall lapse before the end of
the three-year period in the event of their resignation, retire-
ment or death. It may also be terminated should the organisa-
tion, body or authorities which put them forward as candidates
request
replacement. They shall be replaced for the
remainder of the three-year period in accordance with the
procedure laid down in Article 3.

their

Article 5

Membership shall not confer entitlement to remuneration.

Article 6

1.
On the proposal of the Commission, the Group may
invite representatives of other organisations which have the
promotion of consumer interests as one of
their principal
objectives and actively work at European level to this end, to
be associated to its work.

2.
The Group may invite any person having special expertise
on a point on the agenda to participate in its work as an
expert.

Article 7

1.
The Group shall meet in the form and according to the
timetable determined by the Commission. The Commission
shall chair the meetings of the Group. The Commission shall
provide secretarial services for the Group and organise its
work.

The discussions in the Group shall be based on the
2.
requests
for opinion made by the Commission. When
requesting an opinion, the Commission may fix the deadline
within which the opinion is to be delivered.

The group shall adopt its own rules of procedure on the

3.
basis of proposals made by the Commission.

The members of

4.
the Group representing national
consumer organisations shall inform and consult the associa-
tions they are representing on the Group. Each member shall
put in place effective reporting mechanisms to inform systema-
tically all consumer organisations at national level on the work
of the Group and shall convey their views in return.

5.
The Group shall present a report on its activities to the
assembly of consumer organisations convened annually by the
Commission.

Article 8

Without prejudice to Article 287 of the Treaty, the members
and alternates of the Group shall not divulge any information
obtained from their work in the Group or its working groups
when the Commission informs them that the opinion requested
or question raised is of a confidential nature.

Decision 2000/323/EC is repealed.

Article 9

Done at Brussels, 9 October 2003.

For the Commission

David BYRNE

Member of the Commission