Amended proposal for a Decision of the European Parliament and of the Council establishing a programme of Community action in the field of health and consumer protection policy (2007-2013) - Adaptation following the agreement of 17 May 2006 on the Financial Framework 2007-2013 (presented by the Commission pursuant to Article 250(2) of the EC Treaty)
Date: 2006-05-24
Institutions: European Commission
Subjects: EU action, action programme, consumer information, consumer movement, consumer policy, consumer protection

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.5.2006 
COM(2006) 235 final 

2005/0042 B (COD) 

Amended proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a programme of Community action in the field of health and consumer 
protection policy (2007-2013) 

Adaptation following the agreement of 17 May 2006 
on the Financial Framework 2007-2013 

(presented by the Commission pursuant to Article 250(2) of the EC Treaty) 

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EXPLANATORY MEMORANDUM 

1. 

PROCEDURE 

The Commission adopted a proposal for a Decision of the European Parliament and 
of the Council establishing a programme of Community action in the field of health 
and consumer protection 2007-2013 [COM(2005) 115] on 6 April 2005.  

The proposal was transmitted to the European Parliament and to the Council on 13 
April 2005. 

The  European  Economic  and  Social  Committee  adopted  its  opinion  on  the 
Commission proposal on 14 February 2006 (CESE 230/2006). The Committee of the 
Regions adopted its opinion on 16 February 2006 (CdR 149/2005). 

The Conference of Presidents of the European Parliament proposed on 30 June 2005 
to  split  the  Commission  proposal  and  assign  it  to  both  the  Committee  on  the 
Environment,  Public  Health  and  Food  Safety  and  the  Committee  on  the  Internal 
Market  and  Consumer  Protection  for  the  drawing  up  of  two  separate  reports.  The 
European Parliament, in its first reading, confirmed the splitting of the programme. It 
adopted 54 amendments relating to a consumer protection programme on 23 March 
2006. 

2. 

PROGRAMME FUNDING 

The Commission proposal is part of the Financial Perspectives 2007-2013 under sub-
heading 3B - Citizenship. The compromise agreement reached by the Trilogue at the 
beginning  of  April  2006  fell  short  of  the  initial  Commission  proposal,  which 
foresaw, for the consumer protection part, a doubling by 2013 of spending compared 
to 2006 levels, and a tripling of public health programme spending.  

With  respect  to  consumer  policy,  the  funding  proposed  by  the  Commission  was 
deemed  necessary  to  consolidate  and  expand  the  action  areas  of  the  existing 
consumer  programme  (Decision  No  20/2004/EC),  with  a  particular  emphasis  on 
consolidating  the  legal  provisions  developed  so  far,  completing  the  review  of  the 
consumer  acquis  and  intensifying  enforcement  cooperation.  It  was  also  needed  to 
expand considerably Community activities to develop knowledge and evidence base, 
consumer education and capacity building for consumer organisations. 

3. 

REVISED PROPOSAL FOR A CONSUMER POLICY PROGRAMME 

In  order  to  take  into  account  the  substantial  shortfall  in  the  programme  budget,  as 
well  as  the  formal  views  expressed  by  the  European  Parliament  and  the  European 
Economic  and  Social  Committee,  the  Commission  has  decided  to  introduce 
substantial  modifications  to  its  original  proposal  and  to  submit  two  separate 
proposals for a public health programme and a consumer policy programme. These 
are tailored to the reduced budget.  

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The present proposal concerns a Decision establishing a programme of Community 
action  in  the  field  of  consumer  policy  for  the  period  2007-2013.  A  separate  policy 
document, in the form of a Consumer Policy Strategy 2007-2013, is foreseen by the 
end of 2006.  

4. 

MAIN CHANGES COMPARED TO THE PROPOSAL OF 6 APRIL 2005 - COM(2005) 115  

4.1. 

Coverage 

The proposal establishes a programme of Community action in the field of consumer 
protection.  References  to  public  health  and  a  joint  approach  between  public  health 
and consumer protection policies have been removed accordingly.  

However,  important  elements  of  the  common  approach,  such  as  improved 
communication  with  citizens,  integration  of  consumer  concerns  into  other  policies, 
and  international  cooperation  have  been  incorporated  in  the  new  proposal.  The 
extension of the mandate of the Public Health Executive Agency to consumer policy 
is also maintained. 

4.2. 

Aims, objectives and actions (Article 2 and Annex 1 of modified proposal) 

The consumer objectives have been defined more tightly around two new objectives: 

(1)  To  ensure  a  high  level  of  consumer  protection,  notably  through  improved 
evidence, better consultation and better representation of consumers’ interests.  

(2)  To  ensure  the  effective  application  of  consumer  protection  rules  notably 

through enforcement cooperation, information, education and redress. 

The number of consumer actions has been reduced from 20 to 11. The main changes 
can be summarised as follows: 

– 

– 

– 

– 

Several  actions  -e.g.  on  data  collection  and  assessment,  effective  application, 
monitoring of transposition and implementation, information and redress,  and 
education- have been merged for the sake of coherence and to reflect the more 
limited possibilities.  

Actions  on  specific  projects  in  favour  of  consumer  organisations  have  been 
deleted,  but  capacity  building  to  consumer  organisations  through  training  has 
been reinforced.  

There  is  no  longer  a  reference  to  representation  of  consumer  interests  in 
international  standardisation  bodies.  This  will  still  be  supported  through  the 
work  programme  of  European  standardisation  organisations.  Actions  for 
enforcement cooperation with third countries are also foreseen. 

Some of the common health and consumer actions provided for in the original 
proposal, e.g. on information, have been taken up in the consumer programme.  

This  programme  provides  for  a  list  of  actions  from  which  specific  actions  will  be 
selected annually in the work programme.  

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4.3.  Methods of implementation, including programme committee (Articles 3-5, 8, 9 

and Annex 2 of modified proposal) 

Provisions on Community financial contributions, notably ceilings and beneficiaries, 
have  been  reformulated  in  line  with  the  European  Parliament’s  opinion  and  the 
existing consumer programme (Decision No 20/2004/EC) and take into account the 
changes  in  some  of  the  actions  (deletion  of  specific  projects;  addition  of  new 
actions).  

As  is  the  case  at  present,  the  measures  necessary  for  the  implementation  of  the 
following  measures  shall  be  adopted  in  accordance  with  the  advisory  procedure: 
annual  work  programme  and,  arrangements  for  implementing  joint  actions  with 
Member  States,  and  expenditure  for  the  functioning  of  European  consumer 
organisations and European standardisation organisations. 

Particular attention is given to Member States which have acceded on 1st May 2004, 
as well as to future Member States, in order to better take into account their shorter 
tradition of consumer policy. A specific reference to actions benefiting consumers of 
these  countries  has  been  added  (concept  of  exceptional  utility),  in  line  with  the 
wishes of the European Parliament. 

4.4. 

Funding (Article 6) 

The  funding  of  the  programme  is  aligned  to  the  outcome  of  the  Financial 
Perspectives  2007-2013.  The  consumer  part  of  the  joint  proposal  amounted  to 
approximately €234 million. The consumer proposal, in line with the outcome of the 
Financial Perspectives negotiations, is for €156,8 million (current prices), including 
the consumer contribution towards the running of the executive agency. 

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2005/0042 B (COD) 

Amended proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a programme of Community action in the field of health and consumer 
protection policy (2007-2013) 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
152 and 153 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

(2) 

The Community can contribute to protecting the health, safety and economic interests 
of citizens through actions in the fields of public health and consumer protection. 

It  is  therefore  appropriate  to  establish  a  programme  of  Community  action  on  health 
and  consumer  protection  policy,  replacing  Decision  No  1786/2002/EC  of  the 
European Parliament and of the Council of 23 September 2002 adopting a programme 
of  Community  action  in  the  field  of  public  health  (2003-2008)5  and  Decision  No 
20/2004/EC  of  the  European  Parliament  and  of  the  Council  of  8  December  2003 
establishing  a  general  framework  for  financing  Community  actions  in  support  of 
consumer  policy  for  the  years  2004  to  20076.  Theseis  Decisions  should  therefore  be 
repealed. 

(3)  Whilst  maintaining  the  core  elements  and  specificities  of  actions  on  health  and 
consumer  protection,  a  single  integrated  programme  should  help  to  maximise 
synergies  in  objectives  and  efficiency  in  administration  of  actions  in  these  areas. 

1 
2 
3 
4 
5 

6 

OJ C , , p. . 
OJ C 88, 11.4.2006, p. 1. 
OJ C , , p. . 
OJ C , , p. . 
OJ L 271, 9.10.2002, p. 1. Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, 
p. 7) 
OJ L 5, 9.1.2004, p. 1. Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7). 

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(4) 

(35) 

(46) 

Combining  health  and  consumer  protection  activities  in  a  single  programme  should 
help to meet joint objectives on protecting citizens from risks and threats, increasing 
the  ability  for  citizens  to  have  the  knowledge  and  opportunity  to  make  decisions  in 
their interests and supporting mainstreaming of health and consumer objectives in all 
Community  policies  and  activities.  Combining  administrative  structures  and  systems 
should enable more efficient implementation of the programme and help to make best 
use of available Community resources for health and consumer protection.  

Health  and  consumer  protection  policies  share  common  objectives  relating  to 
protection against risks, improving decision-making of citizens and integrating health 
and  consumer  protection  interests  in  all  Community  policies,  as  well  as  common 
instruments  such  as  communication,  capacity-building  for  civil  society  regarding 
health  and  consumer  protection  issues,  and  promoting  international  cooperation  on 
these  issues.  Issues  such  as  diet  and  obesity,  tobacco  and  other  consumption-related 
choices related to health are examples of cross-cutting issues affecting both health and 
consumer protection.   
Taking  a  joint  approach  to  these  common  objectives  and  instruments  will  enable 
activities  common  to  both  health  and  consumer  protection  to  be  undertaken  more 
efficiently  and  effectively.  There  are  also  separate  objectives  relating  to  each  of  the 
two  areas  of  health  and  consumer  protection  which  should  be  addressed  through 
actions and instruments specific to each of the two areas.  

Integrating  consumer  interests  in  all  Community  policies,  in  accordance  with 
Article  153  of  the  Treaty,  should  be  given  high  priority,  together  with  the 
consumer  policy  objectives  set  out  in  this  programme.  Coordination  with  other 
Community  policies  and  programmes  is  a  key  part  of  the  joint  objective  of 
mainstreaming health and ensuring that consumer policies interests are fully taken 
into  account  in  other  policies.  In  order  to  promote  synergies  and  avoid  duplication, 
appropriate  use  will  be  made  of  other  Community  funds  and  programmes  including 
the  Community  framework  programmes  for  research  and  their  outcomes,  the 
Structural  Funds,  and  the  Community  Statistical  Programme.  should  provide  for 
financial  support  for  the  integration  of  consumer  interests  in  their  respective 
fields. 

It is of general European interest that the health and, safety of services and non-food 
products, and the economic interests of citizens, as well as consumer interests in the 
development  of  standards  for  products  and  services,  be  represented  at  Community 
level.  Key  objectives  of  the  programme  may  also  depend  on  the  existence  of 
specialised  networks  that  also  require  Community  contributions  to  enable  them  to 
develop and function. Given the particular nature of the organisations concernedand in 
cases  of exceptional utility, the renewal of Community support to the functioning of 
such  organisations  should  not  be  subject  to  the  principle  of  gradual  decrease  of  the 
extent of Community support. 

(57) 

Implementation of the programme should build upon and extend existing actions and 
structural  arrangements  in  the  fields  of  public  health  and  consumer  protection 
including  the  Executive  Agency  for  the  Public  Health  Programme  set  up  by 
Commission  Decision  2004/858/EC7.  Implementation  should  be  carried  out  in  close 

7 

OJ L 369, 16.12.2004, p. 73. 

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cooperation with relevant organisations and agencies, in particular with the European 
Centre  for  Disease  Prevention  and  Control8  established  by  Regulation  (EC)  No 
851/2004  of  the  European  Parliament  and  of  the  Council.The  existing  executive 
agency,  set  up  for  the  Public  Health  Programme,  should  assist  in  the 
implementation  of  the  proposed  new  consumer  programme.  To  increase  cost-
efficiency and exploit economies of scale, the same agency could also assist in the 
implementation of the consumer programme as well as in the implementation of 
food safety training measures. The Commission envisages to modify accordingly 
its Decision of 15 December 2004 setting up the executive agency. 

(68)  The measures necessary for the implementation of this Decision should be adopted in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures  for  the  exercise  of  implementing  powers  conferred  on  the  Commission9, 
respecting  the  need  for  transparency  as  well  as  a  reasonable  balance  between  the 
different objectives of the programme. 

(7) 

Implementation  of  the  programme  should  take  into  account  that  the  internal 
market  will  not  function  properly  if  consumers  are  less  well  protected  in  some 
Member  States  than  they  are  in  others.  The  programme  should  therefore  put  a 
special  focus  on  consumer  protection  and  consumer  awareness  in  the  Member 
States  which  have  acceded  since  1  May  2004,  in  order  to  ensure  a  level  playing 
field for all Member States of the European Union. 

(89)  The Agreement on the European  Economic Area (hereinafter referred  to  as the EEA 
Agreement) provides  for cooperation in the fields of health and consumer protection 
between  the  European  Community  and  its  Member  States,  on  the  one  hand,  and  the 
countries  of  the  European  Free  Trade  Association  participating  in  the  European 
Economic  Area  (hereinafter  referred  to  as  the  EFTA/EEA  countries),  on  the  other. 
Provision  should  also  be  made  to  open  the  programme  to  participation  by  other 
countries,  in  particular  the  neighbouring  countries  of  the  Community,  countries  that 
are applying for, candidates for or acceding to membership of the Community, taking 
particular  account  of  the  potential  for  threats  to  health  arising  in  other  countries  to 
have an impact within the Community. 

(910)  Appropriate  relations  with  third  countries  not  participating  in  the  programme  should 
be facilitated in order to help achieve the objectives of the programme, In the context 
of  implementation  of  the  programme,  cooperation  with  third  countries  not 
participating in the programme should be encouraged, taking account any relevant 
agreements  between  those  countries  and  the  Community.  This  may  involve  third 
countries  taking  forward  complementary  activities  to  those  financed  through  this 
programme  on  areas  of  mutual  interest,  but  will  not  involve  a  financial  contribution 
under this programme. 

(11) 

It is appropriate to develop cooperation with relevant international organisations such 
as  the  United  Nations  and  its  specialised  agencies  including  the  World  Health 
Organisation,  as  well  as  with  the  Council  of  Europe  and  the  Organisation  for 
Economic Cooperation and Development with a view to implementing the programme 

8 
9 

OJ L 142, 30.4.2004, p. 1. 
OJ L 184, 17.7.1999, p. 23. 

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through maximising the effectiveness and efficiency of actions relating to health and 
consumer  protection  at  Community  and  international  level,  taking  account  of  the 
particular capacities and roles of the different organisations.  

(1112) In  order  to  increaseThe  value  and  impact  of  the  measures  taken  under  the 
programme  there  should  be  regularly  monitoreding  and  evaluatedion,  including  by 
independent  external  evaluatorsions,  of  the  measures  taken.  For  purposes  of 
evaluating  consumer  policy,  as  far  as  possible  measurable  objectives  should  be 
formulated and valid indicators developed. 

(1213) Since  the  objectives  of  the  action  to  be  taken  on  health  and  consumer  protection 
cannot be sufficiently achieved by the Member States due to the trans-national nature 
of  the  issues  involved,  and  can  therefore  by  reason  of  the  potential  for  Community 
action  to  be  more  efficient  and  effective  than  national  action  alone  in  protecting  the 
health,  safety  and  economic  interests  of  citizens,  be  better  achieved  at  Community 
level,  the  Community  may  adopt  measures,  in  accordance  with  the  principle  of 
subsidiarity  set  out  in  Article  5  of  the  Treaty.  Indeed,  Community  action  may  be 
potentially  more  efficient  and  effective  than  national  action  alone  in  protecting 
the  health,  safety  and  economic  interests  of  citizens.  In  accordance  with  the 
principle of proportionality, as set out in that Article, this decision does not go beyond 
what is necessary in order to achieve those objectives.  

(1314) The Commission should ensure an appropriate transition between this programme and 
the two programmes it replaces, in particular regarding the continuation of multiannual 
measures and administrative support structures such as the Executive Agency for the 
Public  Health  Programme.It  is  appropriate  to  ensure  a  transition  between  this 
programme and the previous programme it replaces, in particular regarding the 
continuation  of  multi-annual  measures,  as  well  as  evaluation  of  the  successes  of 
the  previous  programme  and  of  areas  that  need  more  attention.  As  of  1.1.2014, 
the  technical  and  administrative  assistance  will  ensure,  if  necessary,  the 
management of actions not yet finalised by the end of 2013. 

HAVE ADOPTED THIS DECISIONHAVE DECIDED HAS FOLLOWS: 

Article 1 

Establishment of the programme 

A  programme  of  Community  action  in  the  field  of  health  and  consumer  protection  policy 
covering the period from 1 January 2007the day of entry into force of this Decision to 31 
December 2013, hereinafter referred to as ‘the programme’ is hereby established.  

Article 2 

Aim and objectives 

1. 

The  aim  of  this  programme  will  be  fulfilled  through  a  combination  of  actions 
drawn  from  the  list  of  actions  and  instruments  set  out  in  Annex  1  to  this 
Decision, according to the needs. 

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2.1. 

3.2. 

The  programme  shall  complement,  and  support  and  monitor  the  policies  of  the 
Member  States  and  shall  contribute  to  protecting  the  health,  safety  and  economic 
interests of citizens consumers as well as to promoting their right to information, 
education and to organise themselves in order to safeguard their interests. 

The aim referred to in paragraph 21 shall be pursued through the following common 
objectives  together  with  specific  objectives  in  the  fields  of  health  and  consumer 
protection to be achieved through the actions and instruments set out in Annex 1 
to this Decision: 

(a)  To ensure a high level of consumer protection, notably through improved 
evidence,  better  consultation  and  better  representation  of  consumers’ 
interests. 

(b)  To  ensure  the  effective  application  of  consumer  protection  rules  notably 
through enforcement cooperation, information, education and redress. 

(a)  The  common  objectives  for  health  and  consumer  protection  to  be  pursued 
through  the  actions  and  instruments  set  out  in  Annex  1  to  this  Decision  shall 
be: 

– 

– 

to  protect  citizens  from  risks  and  threats  that  are  beyond  the  control  of 
individuals; 

to  increase  the  ability  of  citizens  to  take  better  decisions  about  their 
health and consumer interests; 

– 

and to mainstream health and consumer policy objectives. 

(b)  The  specific  health  objectives  to  be  pursued  through  the  actions  and 

instruments set out in Annex 2 to this Decision shall be: 

– 

– 

– 

– 

to protect citizens against health threats; 

to promote policies that lead to a healthier way of life; 

to contribute to reducing the incidence of major diseases; 

and to improve efficiency and effectiveness in health systems. 

(c)  The specific consumer protection objectives to be pursued through the actions 

and instruments set out in Annex 3 to this Decision shall be: 

– 

– 

– 

– 

a better understanding of consumers and markets; 

better consumer protection regulation 

better enforcement, monitoring and redress;  

and better informed and educated and responsible consumers. 

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Article 3 

Methods of implementation 

1. 

Actions in pursuit of the aims and objectives set out in Article 2 shall make full use 
of appropriate available methods of implementation, including, in particular, direct or 
indirect implementation by the Commission on a centralised basis. 

(b) 

and joint management with international organisations. 

Article 4 

Financial contributions 

1.2. 

For  the  purpose  of  paragraph  1(a)Article  3  above,  fFinancial  contributions  by  the 
Community shall not exceed the following levels: 

(a) 

60%  for  an  action  intended  to  help  achieve  an  objective  forming  part  of  a 
Community policy within the field of health and consumer protection, except 
in  cases  of  exceptional  utility  where  the  Community  contribution  shall  not 
exceed  80%;  and,50%  of  the  costs  of  actions  jointly  financed  by  the 
Community  and  one  or  more  Member  States,  or  by  the  Community  and 
the competent authorities of the third countries participating pursuant to 
Article  10,  except  in  cases  of  exceptional  utility  where  the  Community 
contribution shall not exceed 70%; 

(b)  85% of the costs of actions intended to develop Master degree courses in 

consumer issues.; 

(bc)  60%50%  of  expenditure  for  the  functioning  of  European  consumer 
organisations;a body pursuing an aim of general European interest where such 
support is necessary to ensure representation of health or consumer interests at 
Community level or to implement key objectives of the programme, except in 
cases of exceptional utility where the Community contribution shall not exceed 
95%.  The  renewal  of  such  financial  contributions  may  be  exempted  from  the 
principle of gradual decrease;. 

(d)  95%  of  expenditure  for  the  functioning  of  European  consumer 
organisations  representing  consumer  interests  in  the  development  of 
standards for products and services at Community level. 

3. 

For the purpose of paragraph 1(a) above, financial contributions by the Community 
may, where appropriate given the nature of the objective to be achieved, include joint 
financing by the Community and one or more Member States or by the Community 
and  the  competent  authorities  of  other  participating  countries.  In  this  case,  the 
Community contribution shall not exceed 50%, except in cases of exceptional utility, 
where  the  Community  contribution  shall  not  exceed  70%.  These  Community 
contributions  may  be  awarded  to  a  public  body  or  a  non-profit-making  body 
designated by the Member State or the competent authority concerned and agreed by 
the Commission. 

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2. 

Financial contributions by the Community may take the form of:  

3. 

4. 

4.5. 

(a) 

scholarship  grants  for  individual  mobility  of  teachers  and  students.  The 
management  of  these  grants  may  be  entrusted  to  the  Erasmus  National 
Agencies of the Life Long Learning programme. 

(b) 

travel  and  subsistence  allowances  for  the  exchange  of  enforcement 
officials. 

The  criteria  for  assessing  whether  or  not  exceptional  utility  as  referred  to  in 
paragraph 1(a) above applies shall be established in advance in the annual work 
plan  referred  to  in  Article  9(1)(a).  Actions  proposed  with  these  criteria  should 
benefit,  in  particular,  consumers  from  Member  States  which  have  acceded  to 
the European Union since 1 May 2004. 

The renewal of financial contributions set out in paragraphs 1(c) and 1(d) above 
shall be exempted from the principle of gradual decrease. 

For  the  purpose  of  paragraphs  1(a)  and  2  above,  financial  contributions  by  the 
Community may also be given in the form of flat-rate or lump sum financing where 
this is suited to the nature of the actions concerned as defined in the annual work 
plan referred to in Article 9. For thesuch financial contributions provided for in 
paragraph 1, the percentage limits stipulated in paragraphs 2 and 3 above shall not 
apply, although co-financing is still required. The criteria for selecting, monitoring 
and evaluating such actions shall be adapted as necessary.  

Article 5 

Beneficiaries 

1. 

A definition of beneficiaries of the financial contributions indicated in Article 4 
above is provided in Annex 2 to this Decision. 

Article 4 

Implementation of the programme 

The  Commission  shall  ensure  the  implementation  of  the  programme  in  accordance  with  the 
provisions of Article 7. 

Article 65 

Funding 

1. 

The  financial  framework  for  the  implementation  of  the  programme  for  the  period 
specified in Article 1 is EUR 1 203 million 156,8 million10. 

10 

EUR 138,8 million in 2004 prices. 

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2. 

Annual  appropriations  shall  be  authorised  by  the  budgetary  authority  within  the 
limits of the financial framework. 

Article 75 

Administrative and Technical assistance 

The financial allocation of this programme may also cover expenses pertaining 
to  preparatory,  monitoring,  control,  audit  and  evaluation  activities,  required 
directly  for  the  management  of  the  programme  and  the  realisation  of  its 
objectives, in particular studies, meetings, information and publication actions, 
expenses  linked  to  informatic  networks  focusing  on  information  exchange, 
together with all other technical and administrative assistance expense that the 
Commission may have recourse to for the management of the programme.  

It may also cover technical and administrative assistance expenses necessary to 
ensure the transition between this Programme and the measures adopted under 
Decision  No  20/2004/EC.  If  necessary,  appropriations  could  be  entered  in  the 
budget  beyond  2013  to  cover  these  expenses,  to  enable  the  management  of 
actions not yet completed by 31 December 2013. 

Article 86 

Committee 

The Commission shall be assisted by a Committee (hereinafter ‘the Committee’). 

Where  reference  is  made  to  this  paragraph,  Articles  4  and  7  of  Decision 
1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8  thereof.  The 
period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months. 

1. 

2. 

1. 

2. 

32. 

Where  reference  is  made  to  this  paragraph,  Articles  3  and  7  of  Decision 
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

43. 

The Committee shall adopt its rules of procedure. 

Article 97 

Implementation measures 

1. 

The  measures  necessary  for  the  implementation  of  this  Decision  relating  to  the 
following shall be adopted in accordance with the management procedure referred to 
in Article 86(2): 

(a) 

the annual plan of work for the implementation of the programme, setting out: 

– 

priorities  and  actions  to  be  undertaken,  including  the  allocation  of 
financial resources and relevant criteria;  

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– 

– 

– 

selection  and  award  criteria  and  criteria  for  the  percentage  of 
Community financial contribution; 

use made of flat rate and lump sum financing; 

the planned timing of the calls for tenders, the joint actions and the 
calls for proposals; 

(b) 

the  arrangements  for  evaluating  the  programme  referred  to  in  Article  10.the 
arrangements,  including  selection  and  award  criteria,  for  implementing 
the actions referred to in Article 4(1)(a). 

22. 

The Commission shall adopt any other measures necessary for the implementation of 
this Decision. The Committee shall be informed of them. 

Article 108 

Participation of third countries 

The programme shall be open to the participation of: 

(a) 

(b) 

the EFTA/EEA countries in accordance with the conditions established in the EEA 
Agreement; 

third  countries, 

in  particular  countries  covered  by 

the  European 
and 
Nneighbourhood Policy, countries that are applying for, candidates for or acceding to 
membership  of  the  Union,  and  the  western  Balkan  countries  included  in  the 
stabilisation and association process, in accordance with the conditions laid down in 
the respective bilateral or multilateral agreements establishing the general principles 
for their participation in Community programmes. 

in 

Article 9 

International cooperation 

In  the  course  of  implementing  the  programme,  relations  with  third  countries  that  are  not 
participating in the programme and relevant international organisations shall be encouraged. 

Article 1110 

Monitoring, evaluation and dissemination of results 

1. 

2. 

The  Commission,  in  close  cooperation  with  the  Member  States,  shall  monitor  the 
implementation of the actions of the programme in the light of its objectives. It shall 
report  to  the  Committee  referred  to  in  Article  8,  and  shall  keep  the  Council  and 
Parliament informed. 

At  the  request  of  the  Commission,  Member  States  shall  submit  information  on  the 
implementation and impact of this programme. 

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3. 

4. 

The  Commission  shall  ensure  that  the  programme  is  evaluated  three  years  after  its 
start and following the end of the programme. The Commission shall communicate 
the conclusions thereof, accompanied by its comments, to the European Parliament, 
the  Council,  the  European  Economic  and  Social  Committee  and  the  Committee  of 
the Regions. 

The Commission shall make the results of actions undertaken in accordance with this 
Decision publicly available and shall ensure their dissemination. 

Article 1211 

Repeal 

Decisions No 1786/2002/EC and No 20/2004/EC are is repealed from the day of entry into 
force of this Decision. 

Article 12 

Transitional measures 

The  Commission  shall  adopt  any  measures  necessary  to  ensure  the  transition  between  the 
measures  adopted  under  Decisions  No  1786/2002/EC  and  No  20/2004/EC  and  those  to  be 
implemented under this programme. 

Article 13 

Final provision 

This Decision shall enter into force on the day following that of its publication in the Official 
Journal of the European Union. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX 1 – 
Strengthening synergies through common actions and instruments 

Objectives 

1. 

2. 

3. 

To protect citizens from risks and threats that are beyond the control of individuals 
(e.g.  health  threats  which  affect  the  society  as  a  whole,  unsafe  products,  unfair 
commercial practices). 

To  increase  the  ability  of  citizens  to  take  better  decisions  about  their  health  and 
consumer interests.  

To mainstream health and consumer policy objectives. 

Actions and instruments 

1. 

Improve communication with EU citizens on health and consumer issues 

1.1.  Awareness-raising campaigns. 

1.2.  Surveys. 

1.3.  Conferences, seminars, experts and stakeholders meetings. 

1.4.  Publications on issues of interest for health and for consumer policy. 

1.5.  Provision of online information. 

1.6.  Developing and use of information points. 

2. 

Increase  civil  society  and  stakeholders’  participation  in  policy-making  related  to 
health and consumer protection 

2.1.  Promote and strengthen Community level consumer and health organisations. 

2.2.  Training and capacity-building for consumer and health organisations.  

2.3.  Networking of non-governmental consumer and health organisations and other 

stakeholders. 

2.4.  Strengthening of Community-level consultative bodies and mechanisms. 

3. 

Develop a common approach for integrating health and consumer concerns into other 
Community policies 

3.1.  Development  and  application  of  methods  to  assess  the  impact  of  Community 

policies and activities on health and consumer interests. 

3.2.  Exchange best practice with Member States on national policies. 

3.3.  Studies on impact of other policies on health and consumer protection. 

4. 

Promote international co-operation related to health and consumer protection 

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4.1.  Co-operation measures with international organisations. 

4.2.  Co-operation  measures  with  third  countries  who  are  not  participating  in  the 

programme. 

4.3.  Encourage health and consumer organisations’ dialogue. 

5. 

Improve the early detection, evaluation and communication of risks by: 

5.1.  Supporting  scientific  advice  and  risk  evaluation,  including  the  tasks  of  the 
independent  scientific  committees  established  by  Commission  Decision 
2004/210/EC11. 

5.2.  The  collection  and  collation  of  information  and  establishment  of  networks  of 

specialists and institutes.  

5.3.  Promoting 

the  development  and  harmonisation  of 

risk  assessment 

methodologies. 

5.4.  Actions  for  collecting  and  assessing  information  on  the  exposure  of 
populations  and  sub-groups  to  chemical,  biological  and  physical  hazards  to 
health. 

5.5.  Establishing  mechanisms  concerning  early  detection  of  emerging  risks  and 

action on newly identified risks. 

5.6.  Strategies to improve risk communication.  

5.7.  Training in risk assessment.  

6. 

Promote the safety of goods and of substances of human origin 

6.1.  Analysis of injury data and development of best practice guidelines in relation 

to the safety of consumer products and services.  

6.2.  Development  of  methodologies  and  database  maintenance  for  the  purpose  of 
data collection on injuries in relation to the safety of consumer products. 

6.3.  Activities  to  help  enhance  the  safety  and  quality  of  organs  and  substances  of 
human origin, including blood, blood components and blood precursors. 

6.4.  Promoting  the  availability  and  accessibility  across  the  Community  of  organs 
and  substances  of  human  origin  of  high  quality  and  safety  for  medical 
treatments. 

6.5.  Technical assistance for the analysis of issues related to the development and 

implementation of policies and legislation. 

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OJ L 66, 4.3.2004, p. 45. 

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ANNEX 2 -  
HEALTH 

ACTIONS AND SUPPORT MEASURES 

Objective one: protect citizens against health threats 

1. 

ENHANCE SURVEILLANCE AND CONTROL OF HEALTH THREATS BY 

1.1.  Enhancing  the  capacity  to  tackle  communicable  diseases  by  supporting  the 
further  implementation  of  Decision  No  2119/98/EC  on  the  Community 
network  on  the  epidemiological  surveillance  and  control  of  communicable 
diseases; 

1.2.  Developing strategies and mechanisms for preventing, exchanging information 

on and responding to non-communicable disease threats; 

1.3.  Exchanging information on strategies and developing joint strategies to detect 
and  obtain  reliable  information  on  health  threats  from  physical,  chemical  or 
biological  sources,  including  those  relating  to  deliberate  release  acts,  and 
developing  and  using,  when  appropriate,  Community  approaches  and 
mechanisms;  

1.4.  Improving laboratory co-operation to assure high quality diagnostic capabilities 
for  pathogens  across  the  Community,  including  a  Community  reference 
laboratory 
enhanced  Community 
collaboration; 

for  pathogens 

requiring 

structure 

1.5.  Developing  new  and  improved  prevention,  vaccination  and  immunisation 

policies, partnerships and tools and monitoring immunisation status; 

1.6.  Developing  and  implementing  vigilance  networks  and  reporting  systems  for 
adverse  events  when  using  preventive  health  measures  and  substances  of 
human origin; 

1.7.  Technical assistance for the analysis of issues related to the development and 

implementation of policies and legislation.  

2. 

DELIVER RESPONSE TO HEALTH THREATS BY 

2.1.  Elaborating risk management procedures for health emergencies and enhancing 

capability for coordinated responses to health emergencies; 

2.2.  Developing and maintaining capacity for appraising and addressing the needs 
in  preparedness  and  response  and  for  rapid  and  reliable 

and  gaps 
communications and consultation on counter-measures; 

2.3.  Developing  risk  communication  strategies  and  tools  for  information  and 
guidance to the public, and health professionals, and improving awareness and 
interaction among actors; 

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2.4.  Developing  strategies  and  procedures  for  drawing  up,  testing,  evaluating  and 
revising  general  contingency  and  specific  health  emergency  plans  and  their 
inter-operability between Member States and conducting exercises and tests; 

2.5.  Developing  strategies  and  mechanisms  for  reviewing  and  improving  the 
availability  and  adequacy  of,  and  access  to  facilities  (e.g.  laboratories)  and 
equipment  (detectors  etc),  as  well  as  readiness,  surge  capacity  and 
infrastructure of the health sector to react rapidly; 

2.6.  Developing  strategies  and  mechanisms  for  assessing  the  need  for  and 
promoting  the  establishment  of  public  health  assets  that  can  be  deployed 
rapidly  in  emergencies  and  setting-up  mechanisms  and  procedures  for  health 
assets transfer to requesting states and international organisations; 

2.7.  Establishment  and  maintenance  of  a  trained  and  permanently  available  core 
group of public health experts for global rapid deployment to places of major 
health  crises  together  with  mobile  laboratories,  protective  equipment  and 
isolation facilities. 

Objective 2: promote policies that lead to a healthier way of life 

3. 

PROMOTE HEALTH BY TACKLING DETERMINANTS  

Actions will support the preparation, development and implementation of activities, 
strategies and measures on health determinants by addressing: 

3.1.  Health  determinants  linked  to  addictions,  notably  tobacco,  alcohol  and  drugs 

and other addictive substances; 

3.2.  Lifestyle  related  health  determinants,  notably  nutrition  and  physical  activity, 

sexual health and reproductive health; 

3.3.  Social  and  economic  determinants  of  health,  with  a  particular  focus  on 
inequalities  in  health  and  on  the  impact  of  social  and  economic  factors  on 
health; 

3.4.  Environmental determinants of health, with a particular emphasis on the health 

impact of environmental factors; 

3.5.  The quality, efficiency and cost effectiveness of public health interventions;  

3.6.  Support for public awareness activities, training and capacity building actions 

related to the priorities set out in the previous paragraphs; 

3.7.  Technical assistance for the analysis of issues related to the development and 

implementation of policies and legislation. 

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Objective 3: contribute to reducing the incidence of major diseases 

4. 

PREVENT DISEASES AND INJURIES  

In coordination with work on health determinants, the programme shall support:  

4.1.  Development  and  implementation  of  actions  on  major  diseases  of  particular 
significance in view of the overall burden of disease in the Community where 
Community action can provide significant added value to national efforts;  

4.2.  Preparation  and  implementation  of  strategies  and  measures  on  disease 
prevention, in particular by identifying best practice and developing guidelines 
and recommendations, including on secondary prevention, screening and early 
detection; 

4.3.  Exchange  of  best  practice  and  knowledge  as  well  as  the  coordination  of 

strategies to promote mental health and to prevent mental illness; 

4.4.  Preparation  and  implementation  of  strategies  and  measures  on  prevention  of 

injuries; 

4.5.  Support for knowledge exchange, training and capacity building actions related 

to the diseases addressed and injury prevention. 

Objective 4: improving effectiveness and efficiency in health systems 

5. 

ACHIEVE SYNERGIES BETWEEN NATIONAL HEALTH SYSTEMS BY 

5.1.  Facilitating  cross-border  healthcare  purchasing  and  provision,  including 
information  gathering  and  exchange  to  enable  sharing  of  capacity  and  use  of 
cross-border care;  

5.2.  Sharing  information  on  and  managing  the  consequences  of  the  mobility  of 

health professionals; 

5.3.  Establishing a Community system for cooperation on centres of reference and 
other  collaborative  structures  between  health  systems  of  more  than  one 
Member State;  

5.4.  Developing  a  network  for  strengthening  the  capacity  to  develop  and  share 
information  and  assessments  regarding  health  technologies  and  techniques 
(health technology assessment); 

5.5.  Providing information for patients, professionals and policy-makers, on health 
systems and medical care in liaison with overall health information actions, and 
including  mechanisms  for  sharing  and  disseminating  information  with  the 
action plan for a European e-health area; 

5.6.  Developing  instruments  for  assessing  the  impact  of  Community  policies  on 

health systems; 

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5.7.  Developing  and  implementing  actions  to  promote  patient  safety  and  high-

quality care; 

5.8.  Supporting health systems policy development, in particular linked to the open 

method of coordination on healthcare and long-term care. 

Actions contributing to all the above objectives:  

6. 

TO IMPROVE HEALTH INFORMATION AND KNOWLEDGE FOR THE DEVELOPMENT OF 
PUBLIC HEALTH BY: 

6.1.  Continue  further  developing  a  sustainable  health  monitoring  system,  paying 
special attention to health inequalities and covering data on health status, health 
determinants, health systems and injuries; the statistical element of this system 
will  be  further  developed,  using  as  necessary  the  Community  Statistical 
Programme. 

6.2.  Providing other relevant health related knowledge; 

6.3.  Defining relevant additional indicators; 

6.4.  Developing appropriate mechanisms of reporting; 

6.5.  Arranging  for  regular  collection  of  such  information,  together  with  the 
Statistical  Programme,  international  organisations,  agencies  and  through 
projects; 

6.6.  Supporting  analysis  of  Community  health  issues  through  regular  Community 
health  reports,  the  maintenance  of  diffusion  mechanisms  such  as  the  Health 
Portal, support for consensus conferences and targeted information campaigns 
coordinated between concerned parties; 

6.7.  Focusing on providing a regular and reliable source of information to citizens, 
to  decision  makers,  to  patients,  carers,  health  professionals  and  to  other 
interested parties; 

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ANNEX 3: 
Consumer Policy – Actions and Support Measures 

ANNEX 1: 
Actions and instruments referred to in Article 2 

Objective  I  -  A  better  understanding  of  consumers  and  markets  To  ensure  a  high  level  of 
consumer protection, notably through improved evidence, better consultation and better 
representation of consumers’ interests. 

Action 1: 

Monitoring  and  assessment  of  market  developments  with  an  impact  on  the 
economic  and  other  interests  of  consumers,  including  price  surveys,  inventory  and 
analysis of consumer complaints, analysis of cross-border marketing and business-to-
consumer purchases, and surveys of changes in the structure of markets. 

Action 2: 

The collection and exchange of data and information that provide an evidence 
base  for  the  development  of  consumer  policy  and  for  the  integration  of  consumer 
interests  in  other  Community  policies, including  surveys  of  consumer  and  business 
attitudes, consumer-related and other market research in the financial services area, 
collection and analysis of statistical and other relevant data, the statistical element of 
which will be developed using as necessary the Community Statistical Programme. 

Action 1: 

The  collection,  exchange,  and  analysis  of  data  and  information  that 
provide evidence for the development of consumer policy and for the integration 
of consumer interests in other Community policies, including: 

1.1.  Monitoring and assessment of market developments with an impact on the 
economic  and  other  interests  of  consumers,  including  studies,  price 
surveys,  surveys  of  changes  in  the  structure  of  markets,  surveys  of 
consumers  and  business,  collection  and  analysis  of  consumer  complaints, 
collection and analysis of data on cross-border business-to-consumer trade 
and markets. 

1.2.  Development and maintenance of databases.  

1.3.  Collection and analysis of statistical and other relevant data, the statistical 
element  of  which  will  be  developed  using  as  appropriate  the  Community 
Statistical Programme. 

Action 2: 

The collection, exchange, analysis of data and information, and development 
of  assessment  tools  that  provide  a  scientific  evidence  base  on  the  safety  of 
consumer goods and services, including consumer exposure to chemicals released 
from  products,  risks  and  injuries  in  relation  to  specific  consumer  products  and 
services and technical analysis of alert notifications. 

Objective II - Better consumer protection regulation 

Action 3: 

Support for scientific advice and risk evaluation, including the tasks of the 
independent  scientific  committees  established  by  Commission  Decision 

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2004/210/EC  setting  up  Scientific  Committees  in  the  field  of  consumer  safety, 
public health and the environment12.  

Action 4: 

Preparation  of  legislative  and  other  regulatory  initiatives  and  promotion  of 

self-regulatory initiatives, including: 

4.1.  Legal  and  technical  expertise,  including  studies,  in  relation  to  regulation 
and its impact.Comparative analysis of markets and regulatory systems 

4.2.  Legal and technical expertise, including studies, in relation to policy making 
development  on  the  safety  of  products  and  services  and  the  economic 
interests of consumers. 

4.3.  Legal and Ttechnical expertise, including studies, in relation to assessment of 
the need for product safety standards and the drafting of CEN standardisation 
mandates for products and services. 

4.4.  Legal and technical expertise for policy development on the economic interests 

of consumers 

4.54.  Seminars, conferences, Wworkshops and meetings of with stakeholders and 

experts.  

Action 5: 

Financial  contributions  to  the  functioning  of  European  consumer 

organisations. 

Action 6: 

Financial  contributions  to  the  functioning  of  European  consumer 
organisations representing consumer interests in the development of standards 
for products and services at Community level. 

Action 7: 

Capacity  building  for  regional,  national  and  European  consumer 
organisations,  notably  through  training  for  staff  members,  in  particular  for 
consumer  organisations  in  the  Member  States  which  have  acceded  to  the 
European Union since 1 May 2004. 

Objective III - Better enforcement, monitoring and redress 

Objective II - To  ensure  the  effective  application  of  consumer  protection  rules  notably 
through enforcement cooperation, information, education and redress. 

Action 5: 

Coordination of surveillance and enforcement actions linked to the application 

of consumer protection legislation, including: 

5.1.  Development  and  maintenance  of  IT  tools  (e.g.  databases,  information  and 

communication systems)  

5.2.  Training, seminars, conferences on enforcement  

5.3.  Planning and development of joint enforcement actions 

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OJ L 66, 4.3.2004, p. 45. 

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5.4.  Pilot joint enforcement actions 

5.5.  Analysis of enforcement problems and solutions 

Action 68: 

Financial  contributions  for  specific  joint  surveillance  and  enforcement 
aActions  to  improve  the  effective  application  of  administrative  and  enforcement 
cooperation  on  Community  consumer  protection  legislation,  including  notably 
Directive 2001/95/EC on the Ggeneral Pproduct Ssafety13 Directiveand Regulation 
(EC) No 2006/2004 on cooperation between national authorities responsible for 
the enforcement of consumer protection laws14, includingand other actions in the 
context of administrative cooperation.: 

8.1.  Actions to improve the coordination of surveillance and enforcement and 
cooperation  between  competent  authorities,  including  the  development 
and  maintenance  of  IT 
information  and 
communication  systems)  and  the  organisation  of  seminars,  conferences, 
workshops  and  meetings  of  stakeholders  and  experts  on  enforcement, 
exchanges  of  enforcement  officials  and  training,  also  for  members  of  the 
judiciary. 

(e.g.  databases, 

tools 

Action 78.:2. Monitoring  and  assessment  of  the  safety  of  non-food  products  and 
services,  including  the  reinforcement  and  extension  of  the  scope  and 
operation  of  the  RAPEX  alert  system,  taking  developments  in  market 
into  account,  and  the  further 
surveillance 
development  of  the  consumer  product  safety  network  as  provided  for  in 
Directive 2001/95/EC on general product safety.: 

information  exchange 

7.1.  Reinforcement and extension of the scope and operation of the RAPEX 
alert  system,  taking  developments  in  market  surveillance  information 
exchange into account 

7.2.  Technical analysis of alert notifications 

7.3..  Collection  and  assessment  of  data  on  the  risks  posed  by  specific 

consumer products and services 

7.4.  Further development of the consumer product safety network as provided 
for  in  Directive  2001/95/EC  of  the  European  Parliament  and  of  the 
Council15. 

8.3. Joint surveillance and enforcement actions and other actions in the context 

of administrative and enforcement cooperation. 

8.4.  Actions  for  administrative  and  enforcement  cooperation  with  third 

countries which are not participating in the programme. 

13 
14 
15 

OJ L 11, 15.1.2002, p. 4. 
OJ L 364, 9.12.2004, p. 1. 
OJ L 11, 15.1.2002, p. 4. 

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Action 8: 

Monitoring  of  the  functioning  and  assessment  of  the  impact  of  alternative 

dispute resolution schemes on consumers. 

Action 9: 

Legal and technical expertise, including studies, for the Mmonitoring and 
assessment of the transposition, and implementation and enforcement of consumer 
protection  legislation  by  Member  States,  notably  Directive  2005/29/EC  on  unfair 
business-to-consumer  commercial  practices16the  Unfair  Commercial  Practices 
Directive  and  Regulation  (EC)  No  2006/2004  on  cooperation  between  national 
authorities responsible for the enforcement of consumer protection laws, and of 
national consumer policies. This also includes the development and maintenance 
of  easily  and  publicly  accessible  databases  covering  the  transposition  and 
implementation of Community consumer protection legislation. 

Action 10:  Actions on information, advice and redress, including 

10.1.  Monitoring of the functioning and assessment of the impact of alternative 

dispute resolution schemes. 

10.2.  Financial  contributions  for  joint  actions  with  public  or  non-profit  bodies 
constituting Community networks that provide information and assistance 
to  consumers  to  help  them  exercise  their  rights  and  obtain  access  to 
appropriate  dispute  resolution 
(the  European  Consumer  Centres 
Network).  

10.3.  Actions  improving  communication  with  EU  citizens  on  consumer  issues, 
especially  in  the  Member  States  which  have  acceded  to  the  European 
Union  since  1  May  2004,  including  publications  on  issues  of  interest  for 
consumer policy, provision of on-line information, and information actions 
about consumer protection measures and consumer rights. 

Action 10: 

Provision of specific technical and legal expertise to consumer organisationsto 

support their contribution to enforcement and surveillance actions. 

Objective IV. Better informed, and educated and responsible consumers 

Action 11: 

Development  and  maintenance  of  easily  and  publicly  accessible  databases 
covering  the  application  of  and  case-law  on  Community  consumer  protection 
legislation.  

Action 12: 

Information  actions  about  consumer  protection  measures,  particularly  in  the 

new Member States, in cooperation with their consumer organisations. 

Action 1311:  Actions on Cconsumer education, including  

11.1.  the  Specific  actions  targeted  at  young  consumers,  older  consumers  and 
specific  groups  of  consumers  who  are  clearly  less  able  to  defend  their 
interests, and the development of interactive consumer education tools. 

16 

OJ L 149, 11.6.2005, p. 22. 

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11.2.  .Financial  contributions  for  the  development  of  European  integrated 
Master  Degree  courses  in  consumer  issues,  including  a  scholarships 
scheme corresponding to up to six months in a different country. 

Action 14: 

Representation  of  the  interests  of  Community  consumers  in  international 
forums,  including  international  standardisation  bodies  and  international  trade 
organisations.  

Action 15: 

Training  for  staff  members  of  regional,  national  and  Community  consumer 

organisations and other capacity building actions. 

Action 16: 

Financial  contributions  for  joint  actions  with  public  or  non-profit  bodies 
constituting  Community  networks  that  provide  information  and  assistance  to 
consumers to help them exercise their rights and obtain access to appropriate dispute 
resolution (the European Consumer Centres Network). 

Action 17: 

Financial  contributions 

functioning  of  Community  consumer 
organisations  representing  consumer  interests  in  the  development  of  standards  for 
products and services at Community level. 

the 

to 

Action 18: 

Financial  contributions 

to 

the 

functioning  of  Community  consumer 

organisations. 

Action 19: 

Provision of specific technical and legal expertise to consumer organisations to 
support  their  participation  in,  and  input  into,  consultation  processes  on  Community 
legislative  and  non-legislative  policy  initiatives,  in  relevant  policy  areas,  such  as 
internal  market  policies,  services  of  general  interest  and  the  10-year  framework 
programme on sustainable production and consumption.  

[Common to all the two objectives 

Action 20: 

Financial contributions for specific projects at Community or national level in 
support of other consumer policy objectives, including projects promoting the cross-
border exchange of information and best practices.] 

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1. 

2. 

3. 

4. 

5. 

ANNEX 2: 
Beneficiaries – Criteria for application of Article 4 

The  financial  contributions  for  actions  referred  to  in  Article  4(1)(a)  may  be 
awarded  to  a  public  body  or  a  non-profit-making  body  designated  through  a 
transparent  procedure  by  the  Member  State  or  the  competent  authority 
concerned and agreed by the Commission.  

The  financial  contributions  for  actions  referred  to  in  Article  4(1)(b)  may  be 
awarded  to  higher  education  institutions  of  the  Member  States  or  third 
countries  participating  pursuant  to  Article  10  of  this  Decision,  as  defined  in 
Decision  No  2317/2003/EC  establishing  a  programme  for  the  enhancement  of 
quality  in  higher  education  and  the  promotion  of  intercultural  understanding 
through cooperation with third countries (Erasmus Mundus)17.  

The  financial  contributions  for  actions  referred  to  in  Article  4(2)(a)  may  be 
awarded to students and teachers participating in the Master degree courses in 
consumer  issues  benefiting  from  co-financing  under  Article  4(1)(b)  of  this 
Decision. 

The  financial  contributions  for  actions  referred  to  in  Article  4(2)(b)  may  be 
awarded  to  consumer  protection  enforcement  officials  as  per  Regulation  (EC) 
No  2006/2004  on  cooperation  between  national  authorities  responsible  for  the 
enforcement of consumer protection laws and Directive 2001/95/EC on general 
product safety.  

The  financial  contributions  for  actions  referred  to  in  Article  4(1)(c)  may  be 
awarded to European consumer organisations which: 

(a)  are  non-governmental,  non-profit  making,  independent  of  industry, 
commercial  and  business  or  other  conflicting  interests,  and  have  as  their 
primary  objectives  and  activities  the  promotion  and  protection  of  the 
health, safety and economic interests of consumers in the Community; 

(b)  have  been  mandated  to  represent  the 

interests  of  consumers  at 
Community level by national consumer organisations 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 

(c)  have  provided  to  the  Commission  satisfactory  accounts  of  their 

membership, internal rules and sources of funding. 

6. 

The  financial  contributions  for  actions  referred  to  in  Article  4(1)(d  )  may  be 
awarded to European consumer organisations which: 

(a)  are  non-governmental,  non-profit-making, 

industry, 
commercial  and  business  or  other  conflicting  interests,  and  have  as  their 

independent  of 

17 

OJ L 345, 31.12.2003, p. 1. 

EN 

26 

   EN 

 
                                                 
primary  objectives  and  activities  to  represent  consumer  interests  in  the 
standardisation process at Community level; 

(b)  have  been  mandated  in  at  least  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  representative,  in  accordance  with 
national  rules  or  practice,  of  consumers  and  are  active  at  national 
level; 

(c)  have  provided  to  the  Commission  satisfactory  accounts  of  their 

membership, internal rules and sources of funding. 

EN 

27 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Consumer policy programme 2007-2013 

2. 

ABM / ABB FRAMEWORK 

Policy area: Consumer Protection (SANCO, Title 17) 

Activities: Consumer protection 

3. 

BUDGET LINES 

3.1.  Budget lines (operational lines and related technical and administrative assistance 

lines (ex- B..A lines)) including headings: 

Current budget lines: 

ABB 170202 Community action in the field of Health and Consumer protection 
— Consumer protection 

ABB  17010406  Community  action  in  the  field  of  Health  and  Consumer 
protection Expenditure on administrative management 

ABB 17 01 04 30 : Public health –Operating subsidy to the Executive Agency for 
the Public Health Programme. This line should to be renamed. 

A  new  budget  structure  will  be  defined  after  approval  of  the  Inter-institutional 
Agreement on Financial Perspective 2007-2013. 

3.2.  Duration of the action and of the financial impact: 

Total allocation for action: 156.8 € million for commitment in current prices. 

Period of application:1 January 2007 – 31 December 2013 

EN 

28 

   EN 

 
 
 
 
 
 
 
 
3.3.  Budgetary characteristics: 

Budget lines 

Type of expenditure 

New 

EFTA 
contribution 

Contributions from 
associated countries 

Heading in financial 
perspectives 

17 01 04 30 

Non-comp 

Non-diff18 

YES 

17 02 02 

Non-comp 

diff19 

17 01 04 06 

Non-comp 

Non-diff20 

NO 

NO 

YES 

YES 

YES 

YES 

YES 

YES 

No 3b 

No 3b 

No 3b 

4. 

SUMMARY OF RESOURCES 

4.1.  Financial Resources 

4.1.1. Summary  of  commitment  appropriations  (CA)  and  payment  appropriations 

(PA) 

EUR million (to 1 decimal places) 

Expenditure 
type 

Sec-
tion 
no. 

2007 

2008 

2009 

2010 

2011 

2012 

2013  and 
later 

Total 

Operational 
expenditure 

Commitment 
Appropriations 
(CA) 

Payment 
Appropriations 
(PA) 

8.1 

a 

16,2 

19 

19,8 

19,2 

19,9 

20,9 

21,6 

136,6 

b 

4,9 

10,6 

16,5 

19, 

19,6 

19,9 

46,1 

136,6 

Administrative expenditure within reference amount 

Expenditure 
type 

Sec-
tion 
no. 

& 

Technical 
administrative 
assistance 
(NDA), 
including 

8.2.4 

c 

2007 

2008 

2009 

2010 

2011 

2012 

2013  and 
later 

Total 

2,6 

2,8 

2,8 

2,9 

2,9 

3,1 

3,1 

20,2 

18 

19 

20 

Non-differentiated appropriations hereafter referred to as NDA. 
Differentiated appropriations hereafter referred to as DA. 
Non-differentiated appropriations hereafter referred to as NDA. 

EN 

29 

   EN 

 
  
  
  
  
  
  
  
  
  
  
  
 
  
                                                 
to 
contribution 
EA21,  see  table 
8.2.4 

TOTAL REFERENCE AMOUNT  

Expenditure 
type 

Sec-
tion 
no. 

Commitment 
Appropriations 

Payment 
Appropriations 

2007 

2008 

2009 

2010 

2011 

2012 

2013  and 
later 

Total 

a+c 

18,8 

21,8 

22,6 

22,1 

22,8 

24 

24,7 

156,8 

7,4 

13,3 

19,3 

21,9 

22,4 

23,0 

49,2 

156,8 

b+c 

Administrative expenditure not included in reference amount 

2007 

2008 

2009 

2010 

2011 

2012 

Total 

2013 
and 
later 

0,86 

0,86 

0,86 

0,86 

0,86 

0,86 

0,86 

6,02 

1,23 

1,24 

1,24 

1,25 

1,25 

1,26 

1,27 

8,74 

Expenditure type 

Sec-
tion 
no. 

Human  resources  and  associated 
expenditure (NDA) 

8.2.5 

d 

Administrative  costs,  other  than 
human  resources  and  associated 
costs,  not  included  in  reference 
amount (NDA) 

8.2.6 

e 

Total indicative financial cost of intervention 

Expenditure type 

2007 

2008 

2009 

2010 

2011 

2012 

2013 
and later 

Total 

TOTAL  CA 
including 
cost of Human Resources 

a+c+d+
e 

including 
TOTAL  PA 
cost of Human Resources 

b+c+d+
e 

20,9 

23,9 

24,7 

24,2 

24,9 

26,1 

26,8 

171,5 

9,6 

15,5 

21,4 

24,0 

24,6 

25,2 

51,3 

171,5 

21 

EA: Executive Agency. 

EN 

30 

   EN 

 
 
  
  
  
  
  
  
  
 
  
 
 
 
  
 
  
                                                                                                                                                         
Co-financing details 

Not applicable 

4.1.2. Compatibility with Financial Programming 

X 

Proposal is compatible with Financial perspective 2007-2013  

4.1.3. Financial impact on Revenue 

X 

Proposal has no financial implications on revenue 

4.2.  Human  Resources  FTE  (including  officials,  temporary  and  external  staff)  –  see 

detail under point 8.2.1. 

Annual requirements 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

Total  number  of  human 
resources 

8 

8 

8 

8 

8 

8 

8 

EN 

31 

   EN 

 
5. 

CHARACTERISTICS AND OBJECTIVES: 

5.1.  Consumer policy priority areas: 

• 

• 

To  ensure  a  high  level  of  consumer  protection,  notably  through  improved 
evidence, better consultation and better representation of consumers’ interests. 

To  ensure  the  effective  application  of  consumer  protection  rules  notably  through 
enforcement cooperation, information, education and redress. 

Actions  will  contribute  to  ensure  an  equally  high  level  of  protection  for  all  EU 
consumers,  wherever  they  live,  travel  to  or  buy  from  in  the  EU,  from  risks  and 
threats  to  their  interests.  Action  covers  the  safety  of  goods  and  services;  the 
fairness of commercial practices and contractual rights for consumers; affordable 
access to essential services. This also implies a clear role for the representatives of 
consumers, properly resourced and with sufficient expertise. This should result in 
reducing the lack of confidence of consumers in the internal market and enabling 
them  to  make  free  and  informed  choices  from  an  appropriate  range  of  products. 
This,  in  turn,  will  boost  competition  and  make  a  significant  contribution  to  the 
competitiveness of EU businesses. 

Actions will also contribute to increase the capacity of consumers to promote their 
own  interests,  as  individuals  or  though  consumer  organisations,  i.e.,  helping 
consumers help themselves. This means equipping consumers with the tools they 
need  to  take  better  and  more  rational  decisions  in  the  internal  market.  This 
includes  the  provision  of  information  to  consumers  about  their  rights,  protection 
from rogue traders and access to effective means of redress but also products and 
the opportunities of the internal market.  

5.2.  Value added of Community involvement and coherence of the proposal with other 

financial instruments and possible synergy 

The  EU,  national  and  regional  authorities,  citizens,  businesses  and  civil  society 
have  a  role  to  play  in  improving  the  welfare  of  European  consumers.  There  are 
however  several  shared  consumer  policy  challenges  that  only  action  at  EU  level 
can  tackle.  Greater  mobility  and  more  communication  have  benefited  consumers 
but they have also increased the risk of scams and other problems e.g. from bogus 
lotteries. The complexity of modern life has brought more choice for citizens. But 
it has also made it harder for them to make the best choices.  

The proposed strategy and programme aim to implement article 153 of the Treaty 
as regards Community action on consumer protection, by complementing national 
action with value-added measures which cannot be taken at national level.  

The modified Consumer programme builds on the existing consumer programmes 
and maintains its core elements. 

5.3.  Objectives  and  expected  results  of  the  proposal  in  the  context  of  the  ABM 

framework 

The overall goal of the EU Consumer Policy is to improve the quality of life for 
EU  citizens,  in  terms  of  their  consumer  interests.  This  will  contribute  to  making 

EN 

32 

   EN 

 
 
 
 
 
 
 
Europe’s citizens safer and more confident, providing the means for economic and 
social inclusion, and thus giving substance to EU citizenship. 

Protection and promotion of consumer interests depends on many factors. Citizens 
themselves,  through  their  own  choices,  can  protect  their  interests  as  consumers. 
But much depends on external factors that public policy needs to address.  

5.3.1. Core joint objectives  

EU Consumer policies have two main objectives: 

(1)  To  ensure  a  high  level  of  consumer  protection,  notably  through 
improved  evidence,  better  consultation  and  better  representation  of 
consumers’ interests.  

(2)  To  ensure  effective  application  of  consumer  protection  rules  notably 
through enforcement cooperation, information, education and redress. 

5.3.2. Areas of synergy  

• 

• 

• 

• 

• 

There  are  a  number  of  areas  of  synergy  between  EU  Consumer 
policies and other EU policies. 

Improve  communication  with  EU  citizens.  The  aim  is  to  improve 
the  delivery  of  information  citizens  need  to  manage  their  consumer 
interests and to listen better to their concerns and feed this into policy-
making.  

Increase civil society and stakeholders’ participation in EU policy-
making.  The  aim  is  to  improve  consultation  to  ensure  their  close 
participation in policy-making.  

Integrating  consumer  concerns  into  other  EU  policies.  Most  EU 
policies that regulate or intervene in markets or which affect citizens’ 
rights  (data  protection,  copyright,  access  to  justice)  have  a  profound 
effect on consumer outcomes. The main current areas are competition 
policy,  information  society  and  essential  services  (or  services  of 
general  interest),  where  core  universal  services  need  be  established 
and  maintained.  Issues  related  to  standardisation  and  developing  of 
information society are also of key importance to consumers. 

Enhance  scientific  advice  and  risk  assessment.  Tackling  problems 
that  might  impact  on  health  and  safety  requires  good  independent 
scientific advice and thorough risk assessment.  

Promote the safety of products. Activities would include best practice 
exchange, awareness raising, implementation guidelines, training and 
joint  surveillance  and  enforcement  projects  and 
networking, 
systematic development of product safety standards 

EN 

33 

   EN 

 
 
 
5.3.3. Consumer policy priority areas: 

Actions will contribute to ensure an equally high level of protection 
for all EU consumers, wherever they live, travel to or buy from in the 
EU, from risks and threats to their interests. Action covers the safety 
of  goods  and  services;  the  fairness  of  commercial  practices  and 
contractual  rights  for  consumers;  affordable  access  to  essential 
services, protection from rogue traders and access to effective means 
of  redress.  This  should  result  in  reducing  the  lack  of  confidence  of 
consumers  in  the  internal  market  and  enabling  them  to  make  free 
and informed choices from an appropriate range of products. This, in 
turn, will boost competition and make a significant contribution to the 
competitiveness of EU businesses. 

Actions will also contribute to increase the capacity of consumers to 
promote  their  own  interests,  as  individuals  or  though  consumer 
organisations,  i.e.,  helping  consumers  help  themselves.  This  means 
equipping  consumers  with  the  tools  they  need  to  take  better  and 
more  rational  decisions  in  the  internal  market.  This  includes  the 
provision  of  information  to  consumers  about  their  rights,  means  of 
redress but also products and the opportunities of the internal market. 
This  also  implies  a  clear  role  for  the representatives  of  consumers, 
properly resourced and with sufficient expertise. 

5.4.  Method of Implementation (indicative) 

Show below the method(s)22 chosen for the implementation of the action. 

X 

Centralised Management 

X 

ٱ 

Directly by the Commission 

Indirectly by delegation to: 

X 

ٱ 

ٱ 

Executive Agency 

Bodies set up by the Communities as referred to in art. 185 of 
the Financial Regulation 

National  public-sector  bodies/bodies  with  public-service 
mission 

ٱ 

Shared or decentralised management 

ٱ  With Member states 

ٱ  With Third countries 

22 

If  more  than  one  method  is  indicated  please  provide  additional  details  in  the  "Relevant  comments" 
section of this point. 

EN 

34 

   EN 

 
 
 
 
                                                 
ٱ 

Joint  management  with 
organisations in the areas of health and consumers) 

international 

organisations 

(relevant 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

the 
the  most  pertinent 
The  Commission  monitors 
implementation of the new programme. The indicators hereunder listed are related 
to the objectives described under part 5.3. 

throughout 

indicators 

Objectives  

Indicators 

To  ensure  a  high  level  of  consumer  protection, 
improved  evidence,  better 
notably 
representation  of 
consultation 
consumers’ interests. 

and  better 

through 

– Volume of evidence gathered (studies, surveys)  

– Number of product safety standardisation mandates  

–  Participation  of  Member  States  in  Rapex  measured  by 
the number of notifications.  

– Number and quality of activities of European consumer 
organizations  designed  to  influence  EU  policies,  as 
assessed from their annual activity reports. 

To  ensure  the  effective  application  of  consumer 
protection  rules  notably  through  enforcement 
cooperation, information, education and redress. 

Improvement  of  the  effectiveness  of  consumer  product 
safety  legislation  and  enforcement  as  measured  (through 
surveys) by long term trends in the 

– number of accidents and injuries related to products  

–  Number  of  cross-border  enforcement  actions  taken  on 
behalf of EU consumers across jurisdictions.  

– Surveys on effectiveness of information actions  

– Level of interest in consumer education actions 

The implementation of the Community programme entrusted to the executive agency is 
subject  to  the  control  of  the  Commission  and  this  control  is  exerted  according  to  the 
methods, the conditions, the criteria and the parameters which it lays down in the act of 
delegation defined by Council Regulation (EC) No 58/2003 laying down the statute for 
executive agencies to be entrusted with certain tasks in the management of Community 
programmes23, Article 6(3). 

6.2.  Evaluation 

6.2.1  Ex-ante evaluation 

The programme is designed taking into account in particular the experience 
gained through the implementation of the Consumer Policy Strategy 2002-
2006 and the Consumer Policy Programme 2004-2007.  

23 

OJ L 11, 16.1.2003, p. 1.  

EN 

35 

   EN 

 
 
 
                                                 
The Consumer Policy Strategy which was initiated in 2002 brought several 
major  improvements  to  the  functioning  of  European  Consumer  policy,  in 
particular with: 

– 

– 

– 

– 

– 

putting into place a mid-term programme (5 years were foreseen from 
2002 to 2006); 

being  flexible:  a  rolling  plan  of  actions,  revised  every  18  months  is 
annexed to the programme; 

putting emphasis on a need for a knowledge-based consumer policy; 

developing  capacity  building  actions 
associations; 

in  favour  of  consumer 

developing education actions, in particular towards young consumers; 

In  addition,  the  new  programme  tackles  issues  mentioned  in  previous 
evaluations (see 6.2.2.): 

– 

– 

– 

combine  the  consumer  policy  programme  or  strategy  and  its  related 
financial framework; 

better  match  the  implementation  of  the  consumer  programme  or 
strategy  with  available  human  resources  with  the  use  of  the  existing 
health executive agency; 

improve  enforcement:  this  is  one  of  the  major  consumer  policy 
objectives of the new programme. 

• 

Added value 

There will be no major changes in the objectives compared to the Consumer 
Policy  Strategy  2002-2006.  A  clear  emphasis  will  be  put  on  two  major 
areas/objectives, namely: 

– 

– 

To  ensure  a  high  level  of  consumer  protection,  notably  through 
improved  evidence,  better  consultation  and  better  representation  of 
consumers’ interests. 

To  ensure  the  effective  application  of  consumer  protection  rules 
notably through enforcement cooperation, information, education and 
redress 

Better  added  value  will  also  be  reached  with  the  leverage  effect  made 
possible by the use of the existing executive agency. 

• 

Cost-effectiveness 

Therefore, cost-effectiveness of programme benefits from the leverage effect 
provided by the use of the executive agency. Priority areas remain broadly 
comparable to the ones of the Consumer Policy Strategy. Now that several 

EN 

36 

   EN 

 
 
 
 
 
 
pilot  actions  tested  under  the  Consumer  Policy  Strategy  have  proven  their 
interest, it is time to consolidate this effort (eg. education, training). 

6.2.2. Measures  taken  following  an  intermediate/ex-post  evaluation  (lessons 

learned from similar experiences in the past) 

Consumer  protection  policy  can  build  on  the  lessons  taken  from  former 
programmes, in particular the Consumer policy action plan 1999-200124 and 
the  Consumer  policy  Strategy  2002-200625.  Some  measures  which  were 
recommended in the ex-post evaluation of the Consumer Policy action plan 
had already been integrated in the Consumer Policy Strategy. Some specific 
evaluations have been carried out and were taken into account.26 

An  ex-post  evaluation27  of  the  Consumer  policy  action  plan  drew  the 
following recommendations (abstract): 

“Definition of the action plan 

1. 

2. 

Develop  more  flexible  action  plans,  capable  of  reacting  to  new 
situations  but  stable  enough  to  ensure  the  continuity  of  the 
Commission policy strategy.  

Combine  the  consumer  policy  action  plan  or  strategy  and  its 
related financial framework into one document, with the objective 
that they should be of equal duration and that there is good coherence 
of the planned actions.  

Generation of broader impact 

3.  Make a very clear distinction between a policy document like the 
action  plan  -  being  a  sort  of  declaration  of  intent  -  and  a 
management plan - providing information on the progress of outputs 
and impacts.  

4. 

Better  match  the  implementation  of  the  Commission  consumer 
policy  (that  has  ambitious  objectives)  with  DG  SANCO  (limited) 
human and financial resources. For the Commission, this means: 

– 

– 

Define priorities.  

Be clear to consumer organisations on what is the role and what 
are  the  priorities  of  the  Commission  on  consumer  policy,  in 

24 
25 
26 

27 

http://europa.eu.int/comm/consumers/cons_int/serv_gen/links/action_plan/ap01_en.pdf. 
http://europa.eu.int/eur-lex/pri/en/oj/dat/2002/c_137/c_13720020608en00020023.pdf. 
Evaluation  of  1995-199  subventions  to  consumer  organisations  operating  at  European  level,  final 
report,  The  evaluation  partnership,  16  November  2001;  Ex-ante  budgetary  evaluation  of  a  possible 
merger of EEJ-Net and the ECC network and assessment of the pilot phase of the EEJ-Net, final report, 
EPEC, July 2004; Evaluation of the financial support for specific projects Article 2c) of Decision No 
283/1999/EC,  Yellow  Window,  final  report,  13  October  2004;  Intermediate  evaluation  of  European 
consumer centres’ network (Euroguichets), CIVIC, final report, 10 November 2004. 
Ex-post  evaluation  of  the  Consumer  Policy  action  plan  1999-2001,  final  report,  Bureau  Van  Dijk 
Management Consultants – 16 December 2004. 

EN 

37 

   EN 

 
 
 
                                                 
particular  regarding  the  funding  of  and  assistance  to  consumer 
organisations.  

Strengthen co-operation with Member States in particular within 
co-operation on administrative enforcement. 

Build on existing infrastructures and networks created either by 
other DGs or by Member States.  

Make  the  other  DGs  more  aware  of  consumer  interests  and 
encourage  direct  contacts  between  them  and  the  consumer 
organisations.  

– 

– 

– 

– 

Increase the budget of DG SANCO. 

5.  Optimise  the  complementarities  and  synergies  between  the 
different networks or entities contributing to the implementation of 
the Commission consumer policy. 

6. 

Reinforce the partnership with field organisations through: 

– 

– 

– 

Reinforced  participation  of  the  consumer  organisations  in  the 
policy-making process.  

More transparent communication to consumer organisations.  

The  increased  role  of  the  Euroguichets,  the  EEJ-Net,  the 
International  Consumer  Protection  and  Enforcement  Network 
(ICPEN), consumer associations, etc.  

7. 

Reinforce  communication  with  Member  States  and  consumer 
organisations and between Member States and consumer organisations 
through exchanges on: 

– 

– 

priorities 
national/regional level. 

and 

consumer 

needs 

at  European 

and 

Commission  actions  and  the  progress  made  by  the  Member 
States  and  consumer  organisations  on  the  implementation,  use 
and  enforcement  of  the  Commission  actions  and  possibly  on 
related best practices.  

8. 

Improve enforcement through: 

– 

– 

Continuing  the  work  initiated  during  the  action  plan  on  co-
operation in enforcement. 

Sustaining  the  development  of  consumer  organisations  in  the 
countries  lacking  effective  enforcement,  such  as  in  the  new 
Member States.  

9.  Wherever  possible,  repeat  the  well-structured  approach  used 
during the revision of the General Product Safety Directive, which 

EN 

38 

   EN 

 
was  based  on  the  preliminary  study  of  the  needs  for  improvement, 
good  co-operation  with  the  Member  States  and  the  consultation  of 
stakeholders.  

10.  Continue  to  base  the  development  of  actions  on  informed 
judgement through the use of the knowledge-base and the making of 
impact assessments and evaluations (ex-ante and ex-post).  

Impact assessment framework  

11.  Regularly  assess  the  impact  assessment  framework,  for  instance 
every  two  years,  in  order  that  it  reflects  changing  consumer  policy 
objectives, the emergence of new key issues (to be measured to know 
whether the Commission consumer policy is successful in supporting 
its objectives) or improvements in data availability.  

In  its  concluding  remarks,  the  Report  on  the  implementation  and 
evaluation of Community activities 2002-2003 in favour of consumers 
under 
the  general  framework  as  established  by  Decision  No 
283/1999/EC underlined the following elements: 

"With respect to the previous years, expenditure commitments in 2002 
and  2003  were  generally  more  policy-driven  than  was  the  case  in 
1999-2001.  This  is  in  large  part  the  result  of  the  Consumer  Policy 
Strategy  2002-2006,  which  defined  clear  objectives  and  a  more 
coherent  approach  to  consumer  policy.  In  particular,  actions  to  build 
up  a  knowledge-base  for  consumer  policy  have  increased  in 
importance with respect to previous years. As they become available, 
the  results  feed  into  policy  development  and  financial  programming. 
This  trend  was  further  strengthened  with  the  entry  into  force  of 
Decision  No  20/2004/EC  that  substitutes  Decision  No  283/1999/EC. 
The new framework provides support only for actions that support EU 
consumer policy. 

Efforts  to  rationalize  and  improve  the  efficiency  of  the  European 
Consumer Centers and Extra-Judicial networks have led to a decision 
to merge the two into a single structure. The results of evaluations are 
also prompting efforts to better focus the activities of the network on 
assistance with cross-border consumer problems. A planned review of 
the function of the networks within the larger framework of consumer 
redress  instruments,  including  small  claims  and  injunctions/class 
actions by consumer organizations, will help to better define consumer 
needs to which the networks aim to respond. 

With respect to European level consumer associations, the experience 
with  AEC  has  proved  that,  in  spite  of  the  financial  support  provided 
from  the  Community  budget,  the  feasibility  of  an  effective  second 
general consumer organization at EU level is low and that the national 
consumer  associations  that  are  not  part  of  BEUC  do  not  have  the 
means to manage an effective EU-level organization.  

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Evaluations  and  critical  assessments  have  provided  the  basis  for  a 
substantial  reorientation  of  information  and  education  actions.  The 
pilots  of  the  new  actions  will  be  subject  of  interim  evaluations  to 
measure if they deliver improved impact.  

With  respect  to  specific  projects,  this  instrument  appears  to  be  more 
effective  as  a  means  of  supporting  national  consumer  organizations 
and other NGO’s than as a policy tool, and its concrete impact on the 
level of consumer protection in the EU is found to be scarce. In that 
light, new instruments to support the work of consumer associations, 
in  particular  the  capacity  building  actions  as  introduced  by  Decision 
No 20/2004/EC, deserve to be given a higher priority."  

6.2.3. Terms and frequency of future evaluation 

Details and frequency of planned evaluation: 

The Commission will draw up two successive evaluation reports, which will 
be  communicated  to  the  European  Parliament,  the  Council,  the  Economic 
and Social Committee and the Committee of the Regions.  

Mid-term report: the first evaluation will be undertaken after the mid-point 
of  the  programme.  The  object  of  this  report  is  to  provide  an  initial 
assessment of the impact and effectiveness of the programme on the basis of 
the results obtained. Any changes or adjustments that are deemed necessary 
will be proposed by the Commission for the second half of the programme.  

Final  Report:  An  external  evaluation  report  covering  the  entire  period  of 
operation of the Programme will be carried out, to assess the implementation 
of the Programme.  

Furthermore, the Commission plans to audit beneficiaries in order to check 
that  Community  funds  are  being  used  properly.  The  results  of  audits  will 
form the subject of a written report. 

Evaluation of the results obtained: 

Information providing a measure of the performance, results and impact of 
the Programme will be taken from the following sources: 

– 

– 

– 

statistical  data  compiled  on  the  basis  of  the  information  from 
application dossiers and the monitoring of beneficiaries' contracts; 

audit reports on a sample of programme beneficiaries ; 

use of the results of the executive agency’s evaluations and audits. 

7. 

Anti-fraud measures  

the  contracts,  conventions  and 

All 
the 
Commission  and  the  beneficiaries  under  the  programme  foresee  the  possibility  of  an 
audit at the premises of the beneficiary by the Commission’s services or by the Court of 
Auditors, as well as the possibility of requiring the beneficiaries to provide all relevant 

legal  undertakings  concluded  between 

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40 

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documents and data concerning expenses relating to such contracts, conventions or legal 
undertakings up to 5 years after the contractual period. Beneficiaries are subject to the 
requirement  to  provide  reports  and  financial  accounts,  which  are  analysed  as  to  the 
eligibility  of  the  costs  and  the  content,  in  line  with  the  rules  on  Community  financing 
and  taking  account  of  contractual  obligations,  economic  principles  and  good  financial 
management. 

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41 

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8. 

DETAILS OF RESOURCES 

8.1.  Objectives of the proposal in terms of their financial cost 

Commitment appropriations in EUR million (to 1 decimal places) 

of  Objectives, 
(Headings 
actions  and  outputs  should 
be provided) 

Type of 
output 

Av. 
cost 

OPERATIONAL OBJECTIVE: Consumer protection 

2007 

2008 

2009 

2010 

2011 

2012 

2013 and later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
costs 

No. 
out-
puts 

Total 
cost 

No. 
out-
puts 

Total 
cost 

No. 
out-
puts 

Total 
cost 

No. 
out-
puts 

Total 
cost 

No. 
outputs 

Total 
cost 

Action 1: to ensure a high level 
of consumer protection  

Action  2:  effective  application 
of consumer protection  

1,000 

6 

7 

7 

7,7 

8 

8,4 

7 

7,5 

7 

7,7 

8 

9,4 

8 

9,3 

51 

57 

1,000 

9 

9,2 

10 

11,3 

10 

11,4 

10 

11,7 

11 

12,2 

10 

11,5 

10 

12,3 

70 

79,6 

Sub-total Objective n 

15 

16,2 

17 

TOTAL COST 

16,2 

19 

19 

18 

19,8 

17 

19,2 

18 

19,9 

18 

20,9 

18 

21,6 

121 

136,6 

19,8 

19,2 

19,9 

20,9 

21,6 

136,6 

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8.2.  Administrative Expenditure 

8.2.1. Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing 
and/or additional resources (number of posts/FTEs) 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

Officials  or 
staff28 (17 01 01) 

temporary 

A*/AD 

B*, 
C*/AST 

5 

3 

5 

3 

5 

3 

5 

3 

5 

3 

5 

3 

5 

3 

Staff financed29 by art. 17 01 02 

Other  staff30  financed  by  art.  17  01 
04 

TOTAL 

8 

8 

8 

8 

8 

8 

8 

The  calculation  includes  the  existing  resources  devoted  to  the  current 
programme. 

It does not include the executive agency’s staff. 

8.2.2. Description of tasks deriving from the action 

The  programme  reinforces  and  re-focuses  the  themes  of  the  current 
level  of  consumer  protection;  effective 
programme  (high  common 
enforcement  and  the  proper  involvement  of  consumer  organisations).  A 
higher priority is given to information, education, enforcement cooperation 
and improving the evidence for consumer policy.  

The current executive agency will also be extended to deal with Consumer 
issues. This will enable the Commission to carry out projects which had so 
far only be done at the pilot project level (e.g. education tools) and to be the 
necessary  scale  and  visibility  to  actions  meant  to  strenghthen  the  evidence 
for  consumer  policy  making  (e.g.  price  surveys,  quality  of  products)  or  to 
develop  capacity  building  actions  (training  of  consumers’  organisations 
staff, of enforcers from the Member States). 

8.2.3. Sources of human resources (statutory) 

(When more than one source is stated, please indicate the number of posts 
originating from each of the sources) 

28 
29 
30 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount. 

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X 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated  to the  management of the programme to be 
replaced or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing 
service (internal redeployment) 

Posts  required  for  year  n  although  not  foreseen  in  the  APS/PDB 
exercise of the year in question 

8.2.4. Other  Administrative  expenditure  included  in  reference  amount  (XX  01 

04/05 – Expenditure on administrative management) 

EUR million (to 2 decimal places) 

Budget line 

2007 

2008 

2009 

2010 

2011 

2012 

(number and heading) 

1. Technical and 
administrative assistance 
(including related staff 
costs) 

TOTAL 

2013 
and 
later 

Executive agency 

1,7 

1,8 

1,8 

1,9 

1,9 

2 

2 

13,1 

Other technical and 
administrative assistance 

– intra muros 

0,9 

1 

1 

1 

1 

1,1 

– extra muros 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

1,1 

0,0 

7,1 

0,00 

Total Technical and 
administrative assistance 

2,6 

2,8 

2,8 

2,9 

2,9 

3,1 

3,1 

20,2 

These costs include the programme’s contribution to the operating costs of 
the Health and Consumer Executive agency, and notably the personnel costs 
to the agency for this programme.  

8.2.5. Financial cost of human  resources and associated costs not included in the 

reference amount 

Type of human resources 

2007 

2008 

2009 

2010 

2011 

2012 

2013 and 
later 

EUR million (to 3 decimal places) 

Officials  and  temporary  staff  (XX  01 
01) 

0,864 

0,864 

0,864 

0,864 

0,864 

0,864 

0,864 

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Staff  financed  by  Art  XX  01  02 
(auxiliary, END, contract staff, etc.) 

(specify budget line) 

Total  cost  of  Human  Resources  and 
associated  costs  (NOT  in  reference 
amount) 

0,864 

0,864 

0,864 

0,864 

0,864 

0,864 

0,864 

Calculation – Officials and Temporary agents 

Calculation includes overheads expenses and is based on the average cost in 
the Commission 

Calculation– Staff financed under art. XX 01 02 

Calculation includes overheads expenses and is based on the average cost in 
the Commission 

8.2.6. Other administrative expenditure not included in reference amount 

2007 

2008 

2009 

2010 

2011 

2012 

2013  TOTAL 

17 01 02 11 01 – Missions 

0,225 

0,226 

0,227 

0,228 

0,230 

0,231  0,232  1,599 

17 01 02 11 02 – Meetings & 
Conferences; Committees 

17 01 02 11 04 – Studies & 
consultations 

0,6 

0,603 

0,606 

0,609 

0,612 

0,615  0,618  4,264 

0,180 

0,181 

0,182 

0,183 

0,184 

0,185  0,185 

1,279 

17 01 02 11 05 - Information systems 

0,225 

0,220 

0,220 

0,215 

0,215 

0,215  0,200  1,510 

2. Total Other Management 
Expenditure (XX 01 02 11) 

1,230 

1,236 

1,242 

1,249 

1,255 

1,261  1,267  8,740 

3. Other expenditure of an 
administrative nature (specify including 
reference to budget line) 

Total Administrative expenditure, other 
than human resources and associated 
costs (NOT included in reference 
amount) 

1,230 

1,236 

1,242 

1,249 

1,255 

1,261  1,267  8,740 

Calculation  -  Other  administrative  expenditure  not 
reference amount 

included 

in 

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The  needs  for  human  and  administrative  resources  shall  be  covered 
within the allocation granted to the managing Directorate-General in the 
framework of the annual allocation procedure.  

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