Opinion of the European Economic and Social Committee on the Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee: EU Consumer Policy Strategy 2007-2013 — empowering consumers, enhancing their welfare, effectively protecting them COM(2007) 99 final
Date: 2008-02-13
Institutions: European Economic and Social Committee
Subjects: consumer information, consumer policy, consumer protection, domestic market

C 162/20

EN

Official Journal of the European Union

25.6.2008

Opinion of the European Economic and Social Committee on the Communication from the
Commission to the Council, the European Parliament and the European Economic and Social
Committee: EU Consumer Policy Strategy 2007-2013 — empowering consumers, enhancing their
welfare, effectively protecting them

COM(2007) 99 final

(2008/C 162/02)

On 13 March 2007, the European Commission decided to consult the European Economic and Social
Committee, under Article 262 of the Treaty establishing the European Community, on the

Communication from the Commission to the Council, the European Parliament and the European Economic and Social
Committee: EU Consumer Policy Strategy 2007-2013 — empowering consumers, enhancing their welfare, effectively
protecting them

The Section for the Single Market, Production and Consumption, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 31 January 2008. The rapporteur was
Ms Darmanin.

At its 442nd plenary session, held on 13 and 14 February 2008 (meeting of 13 February), the European
Economic and Social Committee adopted the following opinion by 148 votes with 5 abstentions.

1. Conclusions and recommendations

and understandable, particularly in view that most players
within the internal market are SMEs.

1.1
The EESC positively receives this strategy for 2007-2013
and believes this is a promising step forward in the area of
Consumer protection strategy. The EESC recognises that this is
an ambitious plan, albeit at times vague, which the Commission
has undertaken and augurs that the objectives shall be achieved
within the time frame specified.

1.1.1
However the EESC believes that a budget amounting to
an average of EUR 22.7 million per year for the Consumer
Strategy Programme is unfortunately too low an amount for the
implementation of the actions outlined in this strategy. There is
in the
an evident mismatch between the ambition set out
strategy and the resources allocated to the implementation of
such strategy.

1.2
The EESC notes that, whereas the Strategy is a positive
and ambitious one, the undertakings so far in the areas related
to consumer policy have in fact been a disappointment and
consequently do not augur well for the success of this strategy.
To meet the ambitions it is necessary to set up a dynamic
programme for the near future.

The EESC also notes that in the area of consumer protec-
1.3
tion, legislation has a pivotal role. On the other hand, existing
legislation is not flexible, and a fair market could be of great
importance to consumers and suppliers. When the market does
not work well, legislation is inevitable. The EESC calls upon the
Commission to ensure that where legislation is necessary, it is
truly being implemented and observed. And it should not harm
in any way existing consumer protection in Member States. One
of the tools identified in this respect is better monitoring of the
for which the EESC calls upon the Commission to
market
ensure proper macro and micro market research be carried out.
Legislation needs to be coupled with enforcement and constant
evaluation. Furthermore it is essential that legislation is simple

It

is

that

recommendable

1.3.1
the Consumer Policy
Programme not only ensures enforcement and evaluation of the
safeguarding of consumers rights but is also conducive to facili-
tating cooperation and coordination between the business
sectors and the consumer protection organisations in member
states. Ultimately, beyond legislation,, consumer rights are best
protected once these two sectors work together for a common
goal.

1.4
Consumer and Retailer/Service provider education is a
key component to the observation and knowledge of legislation
but also crucial for responsible and sustainable consumption
and production.

The EESC considers essential that the following chal-

1.5
lenges are addressed within the 2007-2013 period:

— Increased use of technology for fair promotion and respon-
sible consumption of goods and services — eCommerce is
becoming an increased tool for purchasing of goods and
services however there is no form of protection for the
consumer under the current legislative framework as eCom-
merce advancements are faster than consumer protection
stances in this field

— Enforcement of

legislation there where necessary —
such is
Member State legislation and enforcement of
different between countries within the EU. It is necessary
that the ones with less enforcement are brought to the level
of the ‘better performing’ Member States

— Redress for consumers, both collective and individual —
consumers should have an easy and efficient means of
seeking redress both in their country and also across

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borders. Furthermore collective redress ought to be harmo-
nised across the EU so that the groups of individual consu-
mers and also corporate consumers (particularly SMEs) may
avail for such redress

The priority areas set out therefore cover the following

2.4
fields:

— Better monitoring of
consumer policies

consumer markets and national

— Protection of consumer rights in international markets

— Better consumer protection regulation

— Involving consumer protection in all EU policies and legisla-

tion; and

— Better enforcement and redress

— Strong supervision of some sectors in the market where the

consumer protection is absolutely necessary.

2. Gist of the Commission's strategy

2.1
this
The strategy highlights the main challenges for
upcoming period. In essence these challenges revolve round the
fact that the retail and services market is evolving and growing
in a manner that greater empowerment has been devolved to
the consumer. However this greater empowerment may result in
greater segregations between consumers with knowledge and
means, and vulnerable consumer groups. However, this empow-
erment does not consequently mean that consumer welfare is
actually maximised; it is thus essential that consumer confidence
is not compromised. Another challenge relates to the ability of
businesses, particularly SMEs,
to the technological
advancements that bring about a change in the model of selling
their product/service and rely more on eCommerce and tailored
services to the consumer.

to adapt

The objectives set out in the strategy to be achieved by

2.2
2013 are as follows:

— Empowering the EU consumers, as this is seen to be the key
element
in ensuring consumer welfare whilst boosting
competitiveness, based on fair and relevant information, fair
contracts and redress

— Enhance the consumer's welfare in terms of price, choice,

quality, affordability and safety

— Effectively protect consumers from the serious risks particu-
larly the ones that cannot be tackled by the individual
directly.

These objectives are seen as the core elements in the internal
market economic growth.

These objectives

2.3
shall be reached through the EU
consumer policy expenditure which shall be targeted through
addressing the legal
framework so as to ensure consumer
protection and the effective application of legislation through
enforcement, cooperation, information, education and redress.

— Better informed and educated consumers

— Putting consumers at the heart of other EU policies and

regulations.

The Strategy highlights a number of actions within each priority
area a number of which have been commented upon in the
Specific Comments section.

3. General comments

The EESC welcomes the Consumer Strategy for 2007 to
3.1
2013 and particularly supports the concept clearly spelt out in
the strategy that consumer confidence and protection is a core
element to a healthy and prosperous internal market. However
attention should be given to successful examples within the EU
related to self regulation, co-regulation and setting up Codes of
Conduct.

However, the EESC does not confine the consumer
3.1.1
policy to the implementation of the internal market; on the
contrary, as it has been correctly stated in the ‘A single market
for 21st century Europe’ paper from the Commission [COM
(2007) 724 final], it is the internal market that should be aimed
at satisfying and serving consumer interests.

3.1.2
The EESC considers that the Commission must direct
its policy towards transparency of the markets and the strength-
ening of the internal market, a consumers policy that works in
favour of the efficient markets, contributes to economic growth
and to the employment and improves the welfare of the consu-
mers.

3.2
The challenges identified by the commission in the
internal market are real challenges that need to be addressed
and are in fact targeted in the strategy. However, whereas these
are market challenges, the EESC believes that the Commission
faces two other challenges: having national policies truly harmo-
nised; and placing consumer welfare as a core outcome of the
Commission's various DGs.

The EESC considers that this new communication from
3.3
the Commission on the strategy for 2007/2013 is a very impor-
tant and promising step forward and much better structured
than the previous common strategy for public health and
consumer policy [COM(2005) 115 final] about which the
Committee has also produced an opinion (1).

(1) OJ C 88 on 11.4.2006. INT/271 — Rapporteur Mr. Pegado Liz.

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3.4
The EESC is concerned about inconsistencies that this
proposal may create with other measures already approved on a
Community level. There ought to be coherence of the opera-
tional objectives and the decision of the European Parliament
and the Council establishing a Community programme of
action on Consumer Policy (2007-2013) (2).

Furthermore a budget amounting to an average of EUR 22.7
million per year for the Consumer Strategy Programme is unfor-
tunately too low an amount for the implementation of the
actions.

3.5
Although overambitious and sometimes vague and not
very precise, the Committee augurs that the objectives set out
by the Commission are reached within the time frame specified
and in the manner most consonant with the requirements of
the internal market and the consumers.

3.8.1
Experience with the former programme showed that
too many aspects of the plans could not be implemented, also
as a result of a lack of staff. Furthermore, the allocated budget
on an annual basis was in fact more than the budget allocated
for the current period that has less ambitious targets.

specific directives with diligence. The

3.6 Whereas the Commission has already embarked on a
number of initiatives in the realisation of the objectives of the
Policy, such as the Green Paper on the review of Consumer
Acquis, the Committee urges the Commission to embark on the
recently
review of
the
launched communications on the
Distance Selling Directive [COM(2006) 514 final] of 21.9.2006,
the Guarantees and Direct Producers Directive [COM(2007) 210
final) and on the implementation of Directives amendments to
the Timeshare Directive 2007 in fact have been a disappoint-
ment to the EESC in the way that these proposals do not really
go all the way in solving the impeding issues these services in
fact have. Furthermore they do not do justice to the objectives
set out in the Consumer Policy Strategy.

implementation of

3.6.1
The EESC looks forward for the Commission's proposal
for a Directive on contractual rights of the consumers as stated
in its Legislative and Work Programme for 2008 [COM
(2007) 640 final], and it will be ready to give its opinion once
it is adopted on the issue and, particularly, in what concerns the
fulfilment of the principles stated in the process of simplifica-
tion of Community Law.

3.7
Full harmonisation of consumer law is an approach the
EESC is prepared to support under certain conditions and for
very specific purposes, when the implementation of the internal
market
is the major objective. However, such an approach
should not be undertaken at the cost of weakening existing
rights;
it should consolidate consumer rights throughout the
various Member States so as to encourage further cross border
resulting in a win-win situation for both the
purchases,
consumer and the retail/service market. The approach should
not only be at a level whereby the appropriate level of protec-
tion towards the consumer is undertaken by the Member State,
but also at the EU level whereby efforts are made to truly
achieve market integration.

4. Specific comments

the consumer. Additionally,

Better monitoring of the market: The EESC recognises
4.1
that better market intelligence needs to be undertaken and in
fact supports the measures being proposed under this priority.
However the EESC strongly urges the Commission to find inno-
vative ways so as to truly identify the experience and percep-
the Commission may
tions of
possibly wish to undertake a macro approach to identifying
consumer experiences in MS through an analysis of real case
resolution thereafter. Furthermore the
scenarios and their
Committee urges that
intelligence
ought not to be at the cost of having additional cumbersome
tasks which the individual companies, particularly SMEs, need
to carry out.

the collection of market

4.2
Better consumer protection regulation: Initiatives being
undertaken within this priority area should thoroughly consider
the effects of eCommerce and the digital world have on the
rights of the consumer and consequently clearly set out obliga-
tions and rights within the digital environment. Furthermore
actions ought to be identified in order not to exclude sectors of
consumers from being able to avail
themselves of certain
services due to the digital gap, as this would only result in
having yet another vulnerable segment of consumers.

4.3
Better enforcement and redress: Enforcement is definitely
required so as to ensure the objectives of this policy are in fact
reached; more cooperation between the MS and the Commis-
sion is a must. Actions for collective redress being proposed by
the Commission are welcomed and supported by the EESC.
Such form of redress ensures that consumer problems that
cannot be tackled by the individual are in fact seen to.

The EESC welcomes the actions outlined in the priority
3.8
areas within the Consumer Strategy. The Committee in fact
looks forward to the implementation of such actions. The EESC
considers that the resources (both financial and human) of the
DG Consumer Affairs are in fact limited. This makes the task of
the DG in accomplishing its objective even more arduous.

(2) Decision no 1926/2006/CE of 18 December 2006 — OJ L 404 on

30.12.2006, p. 39.

Informed and educated customers:

the EESC strongly
4.4
believes that education and information are thoroughly integral
to having consumer protection. The European Consumer
Centres Network (ECC-Net) has been a great step forward in
providing information to the consumers. However the EESC
believe that the Commission ought to also find some more
innovative and creative means of actually communicating with
the consumers in general and with the kind of language which
appeals to the public.

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4.5
Responsible and sustainable consumption: whereas we
should aim in having well informed consumers it is important
to stress that consumption should be made responsibly. This
strategy specifies that there shall be no room for ‘rogue’ retai-
lers/service providers however it should also be stated that busi-
nesses and traders expect consumers to act responsibly in their
consumption patterns. Furthermore sustainability in consump-
tion should become an important area of the internal market
and both service providers/retailers and consumers should be
more well versed in what sustainable consumption is really all
about and adopting such practice.

Consumer protection elements must be integrated in all
4.6
EU policies and regulations:
the measures proposed by the
Commission, such as the Consumer Liaison Officers in the DGs,
are positive ones and measures which should effectively see that
this priority is reached. The EESC agrees with those who think
that each DG ought to report on a yearly basis how consumer
policy was integrated in their specific area. The EESC thus
welcomes the inclusion of the No 2 of the article 153 in the
general dispositions (new article 12 of
the draft reforming
treaty).

4.7
Better protection of consumers in international markets:
it is necessary that consumers are protected also on the interna-
tional market. Such protection should not only be related to the
safety of products, which is an increasingly important area for
EU consumers, but also to protection against services/products
sold particularly through eCommerce which result in problems
to the consumer.

The strategy indicates that the Commission set as an
4.8
objective to assure that the general interest services policy (SGI)
goes together with the right measures for the consumers. The
Committee expects that the Commission shares the point of
view of the EESC which has been expressed in various opinions
on SGI and universal service, in line with the new Protocol on
General Interest Services of the Lisbon Treaty.

4.9
Cooperation between industry and consumer protection
organisations: beyond the realm of legislation and enforcement
it is the cooperation of these two sectors that shall truly bring
about consumer protection. Efforts ought to be made to facili-
tate such cooperation; examples of best practice from Member
States who adopt such approach and also have codes of conduct
to follow ought to be used across the EU.

Brussels, 13 February 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS