WRITTEN QUESTION E-0522/04 by Graham Watson (ELDR) to the Commission. Prize draw mailing scams.
Date: 2004-02-24
Institutions: European Parliament, Provisional data
Subjects: advertising malpractice, area of freedom, security and justice, consumer protection, economic offence, game of chance

C 84 E/612

Official Journal of the European Union

EN

3.4.2004

the Honourable Member intended to refer to the Proposal

for a Council Regulation concerning
If
management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (2), the
Commission considers that the opposition shown by fishermen’s associations, particularly in the recent
public hearing before the Fishery Committee of the Parliament,
is comparable to reactions from the
fisheries sector to other Commission proposals. Strong opposition from the fishing industry to measures
intended to reduce fishing effort or its impact on sustainability is not unusual.

However, the Honourable Member should be aware that there are several divergent positions within the
fishing industry on specific points of the Commission proposal. What is acceptable for certain fisheries or
fishermen provokes opposition from others.

The Commission proposal is not intended to undermine the interests of Community fishermen but, on the
contrary, to address the problems they are facing in terms of a reduction of catch possibilities in a number
of important Mediterranean fisheries and to deliver sustainable fisheries in the region.

In the Commission’s view, it is for the Community, as the largest fishing power in the Mediterranean
region, to give a clear signal of its commitment to sustainable fishing, while at the same time taking action
to persuade third countries to cooperate towards the same end within the multilateral framework of the
General Fisheries Council for the Mediterranean. This regional fisheries organisation is going to be further
strengthened thanks to the initiatives of the Community, including the recent Ministerial Conference in
Venice.

Socio-economic measures to counteract possible negative effects on the sector of fisheries management
measures may already be taken by Member States. In the Commission’s view, the proposed transitional
period of six years for the entry into force of the mesh size increases foreseen in the proposed Regulation
will avoid drastic and sudden changes that would be difficult for the sector to cope with.

Consultation with the fishing industry on the improvement of fisheries policy in the Mediterranean Sea
started well before the issue of the Green Paper on the reform of the Common fisheries policy (CFP) (3) in
2001 and has continued since. Two meetings were held with the industry in 2003 before the latest
proposals were presented. The Commission intends to organize further meetings with the fishing industry
at national level.

(1) OJ L 344, 31.12.2003.
(2) COM(2003) 589 final.
(3) COM(2001) 135 final.

(2004/C 84 E/0687)

WRITTEN QUESTION E-0522/04

by Graham Watson (ELDR) to the Commission

(24 February 2004)

Subject: Prize draw mailing scams

Companies across Europe are sending people letters advising them that they have won money in prize
draws. Some citizens then send money, as they have been instructed to, but they do not receive the reward
promised in the literature.

Has the Commission considered this matter recently? Will it submit proposals to protect citizens from
such fraud?

3.4.2004

EN

Official Journal of the European Union

C 84 E/613

Answer given by Mr Byrne on behalf of the Commission

(6 April 2004)

As already stated in its answer to the Honourable Member’s Written Question E-3814/02 (1),
the
Commission is fully aware of the widespread practice of fraudulent prize-winning draws where rogue
traders seek to take advantage of the freedoms of the internal market. It has proposed legislation to tackle
some of the problems involved with this.

Under current legislation, the practice in question appears to clearly infringe Council Directive 84/450/EEC
of 10 September 1984 (2) as amended by Directive 97/55/EC of the Parliament and of the Council of
6 October 1997 concerning misleading advertising so as to include comparative advertisement (3). In future,
misleading advertising harming consumers’ economic interests will be regulated by the proposed Directive
on Unfair Commercial Practices (4), which will put in place a common, EU-wide framework providing a
high level of consumer protection from such unfair practices.

However,
the Commission cannot itself take action against the organiser of these prize-draws. The
enforcement of national and Community consumer law is the task of the designated national courts and
authorities.

Further to this previous answer, the Commission can inform the Honourable Member that it has adopted a
proposal for a Regulation on co-operation between national authorities responsible for the enforcement of
consumer protection laws (5). This Regulation is designed to address this type of problem through rapid
cooperation between public authorities. Once adopted, this Regulation will allow the authority in charge of
consumer protection to seek and receive the assistance of its counterpart in another Member State to cease
business practices infringing Community consumer law that target consumers cross-border.

The so-called ‘qualified entities’ (6) may already seek an injunction requiring the cessation or prohibition of
an infringement of Community consumer law under the terms of the Directive 98/27/EC of the Parliament
and of the Council of 19 May 1998, on injunctions for the protection of consumers’ interests (7). In a
concrete example, the qualified entity of one Member State could ask the competent court of the Member
State from which the mail originates to stop sending out misleading letters to its citizens.

(1) OJ C 155 E, 3.7.2003.
(2) OJ L 250, 19.9.1984.
(3) OJ L 290, 23.10.1997.
(4) COM(2003) 356 final.
(5) COM(2003) 443 final.
(6) OJ C 159, 8.7.2003.
(7) OJ L 166, 11.6.1998.

(2004/C 84 E/0688)

WRITTEN QUESTION P-0523/04

by Emmanouil Mastorakis (PSE) to the Commission

(17 February 2004)

Subject: Second and Third Community Support Frameworks

Will the Commission give the take-up votes for the 2003 estimates for the Member States of the European
Union in respect of the Second and Third Community Support Frameworks?