Decision No 1926/2006/EC of the European Parliament and of the Council of 18 December 2006 establishing a programme of Community action in the field of consumer policy (2007-2013)   (Text with EEA relevance)
Date: 2006-12-18
Institutions: Council of the European Union, European Parliament
Subjects: EU financing, EU programme, action programme, consumer policy, consumer protection

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DECISION No 1926/2006/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 18 December 2006

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

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 153 thereof,

Coordination with other Community policies
and
programmes is a key part of ensuring that consumer
interests are taken fully into account in other policies. In
order to promote synergies and avoid duplication, other
Community funds and programmes should provide for
financial support for the integration of consumer inter-
ests in their respective fields.

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and
Social Committee (1),

Having regard to the opinion of
Regions (2),

the Committee of

the

(4)

This Decision lays down, for the entire duration of the
programme, a financial envelope constituting the prime
reference, within the meaning of point 37 of
the
Interinstitutional Agreement of 17 May 2006 between
the European Parliament, the Council and the Commis-
sion on budgetary discipline and sound financial manage-
ment (5), for the budgetary authority during the annual
budgetary procedure.

Acting in accordance with the procedure
Article 251 of the Treaty (3),

laid down in

(5)

Whereas:

(1)

(2)

(3)

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

It is therefore appropriate to establish a programme of
Community action in the field of consumer policy, repla-
cing Decision No 20/2004/EC of the European Parlia-
ment and of the Council of 8 December 2003 estab-
lishing a general framework for financing Community
actions in support of consumer policy for the years 2004
to 2007 (4). That Decision should therefore be repealed.

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
programme.
objectives

this

out

set

in

(1) OJ C 88, 11.4.2006, p. 1.
(2) OJ C 192, 16.8.2006, p. 8.
(3) Opinion of the European Parliament of 23 March 2006 (not yet
published in the Official Journal), Common Position of the Council of
14 November 2006 (not yet published in the Official Journal) and Posi-
tion of the European Parliament of 12 December 2006.

(4) 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).

It is of general European interest that the health and
safety aspects of services and non-food products and the
economic and legal interests of citizens, as well as consu-
mers'
interests in the development of standards for
products and services, be represented at Community
level. Given the particular nature of the organisations
concerned, the renewal of Community support for the
functioning of such organisations should not be subject
to the principle of gradual decrease of the extent of Com-
munity support.

It
is appropriate to ensure a transition between this
programme and the programme it replaces, in particular
regarding the continuation of multi-annual measures and
the evaluation of the previous programme's successes and
areas that need more attention. As of 1 January 2014,
the technical and administrative assistance appropriations
should cover, if necessary, the expenditure related to the
management of actions not completed by the end of
2013.

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
implementing powers
the exercise of
conferred on the Commission (6).

(6)

(7)

(5) OJ C 139, 14.6.2006, p. 1.
(6) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision No

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

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(8)

(9)

(10)

(11)

(12)

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

The Agreement on the European Economic Area (herein-
after referred to as ‘the EEA Agreement’) provides for
cooperation in the field of 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 par-
the European
ticular
Union and countries which are applying for, are candi-
dates for, or are acceding to, membership of the Euro-
pean Union.

the neighbouring countries of

In the context of the implementation of the programme,
cooperation with third countries not participating in the
programme should be encouraged, taking into account
any relevant agreements between those countries and the
Community.

The value and impact of the measures taken under the
programme should be regularly monitored and evaluated,
including by independent external evaluators. For the
purposes of evaluating consumer policy, measurable
objectives should be formulated and indicators devel-
oped.

this Decision cannot be suffi-
Since the objectives of
ciently achieved by the Member States due to the cross-
border nature of the issues involved, and can therefore by
reason of the greater potential of Community action effi-
ciently and effectively to protect the health, safety and
economic and legal interests of citizens be better achieved
at Community level, the Community may adopt measures
in accordance with the principle of subsidiarity as set out
in Article 5 of the Treaty. In accordance with the prin-
ciple of proportionality, as set out in that Article, this
Decision does not go beyond what is necessary in order
to achieve those objectives,

Article 2

Aim and objectives

The aim of

1.
the Programme shall be to complement,
support and monitor the policies of the Member States and to
contribute to protecting the health, safety and economic and
legal interests of consumers, as well as to promoting their rights
to information,
to education and to organise themselves in
order to safeguard their interests.

The aim referred to in paragraph 1 shall be pursued

2.
through the following objectives:

(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, in particular through enforcement cooperation, infor-
mation, education and redress.

These objectives shall be achieved through a combination of
actions and instruments drawn from the list set out in Annex I
according to the priorities set out in the annual work plan
referred to in Article 7(2)(a).

Article 3

Funding

The financial envelope for the implementation of

1.
Programme for
31 December 2013 is hereby set at EUR 156 800 000.

the
the period from 31 December 2006 to

Annual

appropriations

2.
the
budgetary authority within the limits of the financial frame-
work.

authorised by

shall be

HAVE DECIDED AS FOLLOWS:

Article 4

Financial contributions

Article 1

Financial contributions by the Community shall not

1.
exceed the following levels:

Establishment of the programme

A programme of Community action in the field of consumer
policy covering the period from 31 December 2006 to
31 December 2013, hereinafter referred to as ‘the Programme’,
is hereby established.

(a) 50 % of the costs of actions jointly financed by the Com-
munity and one or more Member States, or by the Com-
munity and the competent authorities of the third countries
participating pursuant to Article 8; except in the case of
actions of exceptional utility, the Community contribution
to the costs of which shall not exceed 70 %;

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(b) 85 % of the costs of actions intended to develop integrated

European Master Degree courses in consumer issues;

(c) 50 % of expenditure for
consumer organisations;

the functioning of European

(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.

Financial contributions by the Community may take the

2.
form of:

(a) scholarship grants for individual mobility of teachers and
students in the framework of integrated European Master
Degree courses in consumer issues. 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 enfor-

cement officials.

The criteria for assessing whether actions exhibit excep-
3.
tional utility within the meaning of paragraph 1(a) shall be
established in advance in the annual work plan. Actions of
exceptional utility shall benefit, in particular, consumers from
Member States which acceded to the European Union on or
after 1 May 2004.

4.
The renewal of financial contributions set out in para-
graphs 1(c) and 1(d) shall be exempted from the principle of
gradual decrease.

5.
For the purposes of paragraphs 1 and 2, financial contri-
butions 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. In the case of flat-rate or lump sum financing, the percen-
tage limits provided for in paragraph 1 shall not apply, although
co-financing is still required.

Article 5

Beneficiaries

The classes of beneficiaries eligible for the financial contribu-
tions established in Article 4 are set out in Annex II.

Article 6

Administrative and technical assistance

1.
The financial allocation for the Programme may also cover
expenses pertaining to preparatory, monitoring, control, audit
and evaluation activities which are required directly for the
its
management of
information and
objectives;

the Programme and the achievement of

in particular, studies, meetings,

publication actions, expenses linked to IT networks focusing on
information exchange,
together with all other technical and
administrative assistance expenses incurred by the Commission
for the management of the Programme.

2.
The financial allocation for the Programme may also cover
technical and administrative assistance expenses necessary to
ensure the transition between the Programme and the measures
adopted under Decision No 20/2004/EC. If necessary, appro-
priations may be entered in the budget beyond 2013 to cover
these expenses,
to enable the management of actions not
completed by 31 December 2013.

Article 7

Implementation

The Commission shall be responsible for the implementa-

1.
tion of the Programme.

Actions in pursuit of the aim and objectives set out in Article 2
shall make full use of appropriate available methods of imple-
mentation including, in particular, direct or indirect implemen-
tation by the Commission on a centralised basis.

The procedure referred to in Article 10(2) shall apply to

2.
the adoption of:

(a) the annual work plan for
Programme, setting out;

the implementation of

the

— priorities and actions to be undertaken,

including the

allocation of financial resources,

— selection and award criteria and criteria for the percen-

tage of Community financial contributions,

— use made of flat rate and lump sum financing, and

— the planned timing of calls for tenders, joint actions and

calls for proposals;

(b) the arrangements, including selection and award criteria, for
the implementation of the actions referred to in Article 4(1)
(a).

The Commission shall inform the Committee referred to
3.
in Article 10 of the actions undertaken in the implementation
of the Programme.

Article 8

Participation of third countries

The Programme shall be open to the participation of:

(a) the EFTA/EEA countries, in accordance with the conditions

established in the EEA Agreement;

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(b) third countries, in particular countries to which the Euro-
pean Neighbourhood Policy applies, countries
that are
applying for, are candidates for, or are acceding to, member-
ship of the European Union, and the western Balkan coun-
tries included in the stabilisation and association process, in
accordance with the conditions laid down in the respective
bilateral or multilateral agreements with those countries
establishing the general principles for their participation in
Community programmes.

Article 9

Monitoring, evaluation and dissemination of results

1.
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 thereon
to the Committee referred to in Article 10, and shall keep the
European Parliament and the Council informed thereof.

At the request of the Commission, Member States shall
2.
submit to it information on the implementation and impact of
the Programme.

3.
The Commission shall ensure that the Programme is evalu-
ated three years after its start, and following its end. The
Commission shall communicate the results of those evaluations,
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
pursuant to this Decision publicly available.

Article 10

Committee procedure

1.

The Commission shall be assisted by a Committee.

2. 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.

3.

The Committee shall adopt its rules of procedure.

Article 11

Repeal

Decision No 20/2004/EC is hereby repealed.

Article 12

Entry into force

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, 18 December 2006.

For the European Parliament

The President

J. BORRELL FONTELLES

For the Council

The President

J.-E. ENESTAM

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ANNEX I

ACTIONS AND INSTRUMENTS REFERRED TO IN ARTICLE 2

Objective I

To ensure a high level of consumer protection, notably through improved evidence, better consultation and better repre-
sentation of consumers' interests.

Action 1

The collection, exchange, and analysis 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:

1.1. Monitoring and assessment of market developments with an impact on the economic and other interests of consu-
mers, including studies, price surveys, surveys of changes in the structure of markets, surveys of consumers and busi-
ness, 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 evidence, 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 an 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.

Action 3

Support for scientific advice and risk evaluation, including the tasks of the independent scientific committees established
by Commission Decision 2004/210/EC of 3 March 2004 setting up Scientific Committees in the field of consumer safety,
public health and the environment (1).

Action 4

Preparation of legislative and other regulatory initiatives and promotion of co-regulatory and self-regulatory initiatives,
including:

4.1. Legal and technical expertise, including studies, in relation to regulation and its impact.

4.2. Legal and technical expertise, including studies, in relation to policy development on the safety of products and

services and the economic and legal interests of consumers.

4.3. Legal and technical expertise, including studies, in relation to assessment of the need for product safety standards

and the drafting of standardisation mandates for products and services.

4.4. Seminars, conferences, workshops and meetings of 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 and exchange of
best practice and expertise for staff members, in particular for consumer organisations in Member States which acceded to
the European Union on or after 1 May 2004.

(1) OJ L 66, 4.3.2004, p. 45.

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Objective II

To ensure the effective application of consumer protection rules, in particular through enforcement cooperation, informa-
tion, education and redress.

Action 8

Actions to improve the effective application of Community consumer protection legislation,
in particular Directive
2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1) and Regu-
lation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between
national authorities responsible for the enforcement of consumer protection laws (2), including:

8.1. Actions to improve the coordination of monitoring and enforcement and to improve cooperation between compe-
tent authorities, including the development and maintenance of IT tools (e.g. databases, information and communica-
tion 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.

8.2. Monitoring and assessment of the safety of non-food products and services, including the reinforcement and exten-
sion of the scope and operation of the RAPEX alert system, taking developments in market surveillance information
exchange into account, and the further development of the consumer product safety network as provided for in
Directive 2001/95/EC.

8.3. Joint monitoring and enforcement actions and other actions in the context of administrative and enforcement coop-

eration.

8.4. Actions for administrative and enforcement cooperation with third countries which are not participating in the

programme.

Action 9

Legal and technical expertise, including studies, for the monitoring and assessment of the transposition, implementation
and enforcement of consumer protection legislation by Member States, notably Directive 2005/29/EC of the European
Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the
internal market (3) and Regulation (EC) No 2006/2004. This also includes the development and maintenance of easily and
publicly accessible databases covering the implementation of Community consumer protection legislation.

Action 10

Actions on information, advice and redress, including:

10.1. Monitoring the functioning of alternative dispute resolution schemes and assessing their impact.

10.2. Financial contributions for joint actions with public or non-profit bodies constituting Community networks which
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 Member States which
acceded to the European Union on or after 1 May 2004, including publications on issues of interest for consumer
policy, provision of information on-line, and actions providing information about consumer protection measures
and consumer rights.

Action 11

Actions on consumer education, including:

11.1. Specific actions targeted at young consumers, old consumers and vulnerable groups of consumers who are clearly

less able to defend their interests, and the development of interactive tools for consumer education.

11.2. Financial contributions to the development of integrated European Master Degree courses in consumer issues,

including a scheme of scholarships enabling students to spend up to six months in a different country.

(1) OJ L 11, 15.1.2002, p. 4.
(2) OJ L 364, 9.12.2004, p. 1. Regulation as amended by Directive 2005/29/EC (OJ L 149, 11.6.2005, p. 22).
(3) OJ L 149, 11.6.2005, p. 22.

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BENEFICIARIES ELIGIBLE FOR THE FINANCIAL CONTRIBUTIONS ESTABLISHED IN ARTICLE 4

ANNEX II

1. 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.

2. 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 8, as defined in Article 2 of Decision No
2317/2003/EC of the European Parliament and of the Council of 5 December 2003 establishing a programme for the
enhancement of quality in higher education and the promotion of intercultural understanding through cooperation
with third countries (Erasmus Mundus) (2004-2008) (1).

3. The financial contributions for actions referred to in Article 4(2)(a) may be awarded to students and teachers partici-
pating in the integrated European Master Degree courses in consumer issues benefiting from co-financing under
Article 4(1)(b).

4. The financial contributions for actions referred to in Article 4(2)(b) may be awarded to the consumer protection enfor-

cement officials referred to in Regulation (EC) No 2006/2004 and Directive 2001/95/EC.

5. The financial contributions for actions referred to in Article 4(1)(c) may be awarded to European consumer organisa-

tions 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 and legal interests of consumers in the Community;

(b) have been mandated to represent the interests of consumers at Community level by national consumer organisa-
tions 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 organisa-

tions 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 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 Com-

munity level:

— by bodies representative, in accordance with national rules or practice, of national consumer organisations in

the Member States, or

— in the absence of the bodies, referred to in the first indent, 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.

(1) OJ L 345, 31.12.2003, p. 1.