WRITTEN QUESTION E-3186/03 by Geoffrey Van Orden (PPE-DE) to the Commission. Cross-border consumer goods transactions.
Date: 2003-10-27
Institutions: European Parliament, Provisional data
Subjects: civil proceedings, consumer goods, consumer information, consumer protection, distance selling, guarantee, sale, single market

27.3.2004

EN

Official Journal of the European Union

C 78 E/483

Portugal, like all other Member States, has communicated the provisional 2002-2003 production figures to
the Commission. It appears that it exceeds its national reference quantity for delivery. On the basis of the
data received, the Commission is presently seeking additional explanations from the Portuguese authorities.

After having received and evaluated this information,
Member.

the Commission will

inform the Honourable

(1) Council Regulation (EC) No 1453/2001 of 28 June 2001 introducing specific measures for certain agricultural
products for the Azores and Madeira and repealing Regulation (EEC) No 1600/92 (Poseima), OJ L 198, 21.7.2001.
(2) Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products

sector, OJ L 270, 21.10.2003.

(3) Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support
schemes under the common agricultural policy and establishing certain support schemes for farmers and amending
Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94,
(EC) No 1251/1999,
(EEC) No 2358/71 and (EC) No 2529/2001,
OJ L 270, 21.10.2003.
(4) COM(2003) 617 final.

(EC) No 1673/2000,

(EC) No 1254/1999,

(2004/C 78 E/0505)

WRITTEN QUESTION E-3186/03

by Geoffrey Van Orden (PPE-DE) to the Commission

Subject: Cross-border consumer goods transactions

(27 October 2003)

What safeguards are in place for consumers who buy goods in a different EU country to their home
country which then prove to be faulty and require replacement or refunding?

Are procedures in place for the speedy resolution of cross-border disputes over transactions of this kind?

If such procedures are in place, how can EU citizens access information about them?

Answer given by Mr Byrne on behalf of the Commission

(25 November 2003)

Consumer Protection legislation has been adopted at European level in order to provide consumers with
the same degree of protection whether they purchase goods and services at home or in another Member
State. By doing so, the Commission aims to build confidence and encourage consumers to take full
advantage of the internal market.

The two main Directives to achieve this end are 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)
and Directive 97/7/EC of the Parliament and of the Council of 20 May 1997, on the protection of
consumers in respect of distance contracts (2).

Directive 1999/44/EC provides consumers with protection in the event that they have purchased defective
goods or goods that are not in conformity with the terms of the contract. In these instances, consumers
can request the repair of the goods, the delivery of new goods, a price reduction or a complete refund of
their money if the lack of conformity becomes apparent within two years of taking delivery of the goods.
The Directive also requires that commercial guarantees such as manufacturers’ guarantees or retailers’
guarantees be transparent and clearly drafted (3).

Directive 97/7/EC was introduced to provide a minimum level of consumer protection in respect of
distance contracts. These are contracts between consumers and suppliers where there has been no face-to-
face contact between the parties prior to entering into the contract. Contracts concluded by telephone,
mail, fax, television, Internet and electronic mail are all examples of distance contracts within the meaning
of the Directive. The Directive imposes certain information requirements on suppliers and gives consumers
the right to withdraw from the distance contract within a cooling-off period of at least seven working
days (4).

C 78 E/484

Official Journal of the European Union

EN

27.3.2004

Although there are no set procedures for the speedy resolution of disputes over cross-border transactions,
the Commission has set up, with the help of the Member States, two networks which have created
mechanisms to help consumers enforce their rights.

Over the last 10 years,
the European Consumer Centres network help European consumers better
understand how the internal market works for them and provide assistance to consumers when they
encounter problems with cross-border transactions. The European Consumer Centre will notably enter into
contact with the trader to try to reach an amicable settlement. There are currently 15 European Consumer
Centres established in 13 Member States.

The European Extra Judicial network was launched as a pilot phase in October 2001. 17 Clearing Houses
established in each Member State, as well as Iceland and Norway provide dissatisfied consumers with
information and support to introduce a case to an appropriate Alternative Dispute Resolution scheme in
another country. They also help monitor the case.

The Commission is currently preparing a report reviewing the activities of the network and setting future
perspectives for it. This report will be presented to the Parliament and the Council in due course.

Information about these procedures is directly available from the Commission’s homepage (European
Consumer Centres network (5) and the European Extra Judicial (6)).

(1) OJ L 171, 7.7.1999.
(2) OJ L 144, 4.6.1997.
(3) http://europa.eu.int/comm/consumers/cons_int/safe_shop/guarantees/index_en.htm
(4) http://europa.eu.int/comm/consumers/cons_int/safe_shop/dist_sell/index_en.htm
(5) http://europa.eu.int/comm/consumers/redress/compl/euroguichet/index_en.htm
(6) http://europa.eu.int/comm/consumers/redress/out_of_court/index_en.htm

(2004/C 78 E/0506)

WRITTEN QUESTION E-3189/03

by Mario Borghezio (NI) to the Commission

(27 October 2003)

Subject: Explosion of Nokia mobile phone batteries

In an article which appeared on 16 October 2003, the Brussels daily newspaper ‘La Libre Belgique’
published the results of a survey conducted by the Belgian consumer organisation ‘Test-Achats’
into
various incidents in recent months in which the rechargeable batteries of Nokia mobile phones exploded.

These cases occurred mainly in Belgium and the Netherlands and other cases have been reported in
Switzerland, Norway and Vietnam. According to the newspaper report a mobile phone exploded in its
owner’s pocket very recently in the Netherlands.

Is the Commission aware of this problem? What measures does it intend to take to protect European
consumers?

Does it not consider it necessary to take precautionary action by suspending sales of these portable phones
in the European Union?

Answer given by Mr Byrne on behalf of the Commission

(20 November 2003)

The Honourable Member is referred to the Commission’s answers to Written Questions P-3145/03 from
Mr van Velzen (1) and P-3152/03 from Mrs Plooij-Van Gorsel (2).

(1) See page 474.
(2) See page 476.