COMMISSION STAFF WORKING DOCUMENT Report on Consumer Policy (July 2010 - December 2011) Accompanying the document Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions A European Consumer Agenda - Boosting confidence and growth
Date: 2012-05-22
Institutions: European Commission
Subjects: consumer behaviour, consumer information, consumption expenditure, food safety, institutional cooperation, product safety

EUROPEAN COMMISSION 

Brussels, 22.5.2012  
SWD(2012) 132 final 

COMMISSION STAFF WORKING DOCUMENT 

Report on Consumer Policy 
(July 2010 - December 2011) 

Accompanying the document 

Communication from the Commission to the European Parliament, the Council, the 
Economic and Social Committee and the Committee of the Regions 

A European Consumer Agenda - Boosting confidence and growth 

{COM(2012) 225 final} 

EN 

   EN 

 
 
 
 
  
 
Commission Staff Working Document 

Report on Consumer Policy 

(July 2010 – December 2011) 

A. 

INTRODUCTION .......................................................................................................................................... 4 

B. 

C. 

1. 
2. 

SAFETY AND HEALTH............................................................................................................................... 4 
1. 
PRODUCT SAFETY – PREPARATION OF THE REVISION OF THE OVERALL FRAMEWORK ................................... 4 
2. 
FOOD ADDITIVES AND CONTAMINANTS ........................................................................................................ 5 
3. 
FOOD CONTACT MATERIALS ......................................................................................................................... 5 
4. 
TOYS ............................................................................................................................................................ 6 
5. 
FIRE HAZARD................................................................................................................................................ 6 
ELECTRICAL AND ELECTRONIC EQUIPMENT.................................................................................................. 6 
6. 
7.  MOTOR VEHICLES ........................................................................................................................................ 6 
8.  NANOMATERIALS ......................................................................................................................................... 7 
9. 
CHEMICALS .................................................................................................................................................. 7 
10.  COSMETICS AND MEDICAL DEVICES.............................................................................................................. 8 
11.  PHARMACEUTICALS...................................................................................................................................... 8 
12.  NOISE POLLUTION......................................................................................................................................... 9 
INDOOR AIR QUALITY ................................................................................................................................ 10 
13. 
INFORMATION, EDUCATION & CAPACITY BUILDING................................................................. 10 
CONSUMER EMPOWERMENT INDEX (CEI) .................................................................................................. 10 
CONSUMER INFORMATION AND EDUCATION ............................................................................................... 11 
a) 
Food Information Regulation................................................................................................................ 11 
b)  Meat products ....................................................................................................................................... 11 
Fish and aquaculture products ............................................................................................................. 12 
c) 
Food quality .......................................................................................................................................... 12 
d) 
Information on and promotion of agricultural products....................................................................... 12 
e) 
Information on animal feed................................................................................................................... 13 
f) 
Impact of food on health and wellbeing ................................................................................................ 13 
g) 
Information to consumers on their rights.............................................................................................. 14 
h) 
Tobacco................................................................................................................................................. 14 
i) 
Europa Diary, Dolceta, European Masters Programmes..................................................................... 14 
j) 
CAPACITY BUILDING................................................................................................................................... 15 
D.  RIGHTS AND REDRESS............................................................................................................................ 15 
CONSUMER RIGHTS..................................................................................................................................... 15 
a)  Cross-border healthcare ....................................................................................................................... 15 
b)  Consumer Rights Directive ................................................................................................................... 16 
c)  Unfair Commercial Practices ............................................................................................................... 16 
d)  Common European Sales Law .............................................................................................................. 17 
Protection of Personal Data ................................................................................................................. 17 
e) 
Timeshare.............................................................................................................................................. 18 
f) 
Access to basic payment services.......................................................................................................... 18 
g) 
h) 
Investment services ............................................................................................................................... 18 
i)  Mortgage credit .................................................................................................................................... 19 
Bank fees ............................................................................................................................................... 19 
j) 
k)  Deposit insurance and investor protection schemes ............................................................................. 20 
l) 
Air passenger rights (APR) ................................................................................................................... 20 
m)  Rights of passengers using other modes of transport............................................................................ 21 

3. 

1. 

 
 
 
 
 
 
2. 

REDRESS..................................................................................................................................................... 22 
a) 
Alternative Dispute Resolution (ADR) Directive – new legislative proposals in 2011 ......................... 22 
b)  Online Dispute Resolution (ODR) Regulation ...................................................................................... 22 
E.  ENFORCEMENT......................................................................................................................................... 23 

3. 

1. 

1. 
CONSUMER PROTECTION COOPERATION NETWORK – SWEEP ON TICKETING AND ASSESSMENT OF THE 
EFFICIENCY AND EFFECTIVENESS OF THE NETWORK ............................................................................................ 23 
ECC CENTRES – HELPING CONSUMERS IN CROSS-BORDER DISPUTES.......................................................... 23 
2. 
INJUNCTIONS DIRECTIVE ............................................................................................................................ 24 
3. 
F.  CONSUMER INTERESTS IN OTHER POLICY AREAS...................................................................... 24 
CONSUMER MARKET MONITORING ............................................................................................................ 24 
a)  Consumer Scoreboards ......................................................................................................................... 24 
b)  Market Studies ...................................................................................................................................... 25 
Behavioural studies............................................................................................................................... 25 
c) 
2.  DIGITAL SERVICES ..................................................................................................................................... 26 
a)  Copyright reform .................................................................................................................................. 26 
Levies .................................................................................................................................................... 28 
b) 
TELECOMMUNICATIONS ............................................................................................................................. 28 
a)  Net neutrality ........................................................................................................................................ 28 
b)  Universal service .................................................................................................................................. 29 
Roaming ................................................................................................................................................ 29 
c) 
POSTAL SERVICES....................................................................................................................................... 30 
SUSTAINABLE CONSUMPTION AND RESOURCE EFFICIENCY ......................................................................... 30 
a) 
Resource-Efficiency Roadmap .............................................................................................................. 30 
b)  Corporate social responsibility (CSR) .................................................................................................. 31 
The Retail Forum for Sustainability...................................................................................................... 31 
c) 
The European Food Sustainable Consumption and Production Round Table (EFSCP)...................... 32 
d) 
Food waste............................................................................................................................................ 32 
e) 
EU Ecolabel.......................................................................................................................................... 32 
f) 
Social impact labelling and certification .............................................................................................. 33 
g) 
ENERGY...................................................................................................................................................... 33 
Electricity and gas markets liberalisation ............................................................................................ 33 
The Citizens' Energy Forum ................................................................................................................. 34 
Smart meters and smart grids ............................................................................................................... 34 
Energy efficiency and energy labelling................................................................................................. 35 
TOURISM - VIRTUAL TOURISM OBSERVATORY........................................................................................... 35 
TRANSPORT ................................................................................................................................................ 36 
ANNEX: MARKET PERFORMANCE INDICATOR (MPI) ........................................................................... 37 

a) 
b) 
c) 
d) 

7. 
8. 

4. 
5. 

6. 

3

 
 
 
 
 
 
A. Introduction 

The  present  Staff  Working  Document  responds  to  a  suggestion  formulated  by  the  Internal 
Market  and  Consumer  Protection  Committee  of  the  European  Parliament  (IMCO).  In  March 
20101,  IMCO  called  on  the  Commission  to  ensure  the  effective  integration  of  consumer 
interests into all EU policies, and to examine in its impact assessments the potential effects of 
any  new  legislation  and  policies  directly  or  indirectly  affecting  consumers.  It  also  urged  the 
Commission  to  report  on  how  consumer  policy  is  integrated  in  relevant  policy  areas  through 
concrete initiatives undertaken by the Commission2. 

The overarching objective of consumer policy is to empower Europe's 500 million consumers 
by  providing  them  with  the  tools  necessary  for  their  active  participation  in  the  market,  by 
making products and services markets work for them, by facilitating the exercise of their power 
of choice and ensuring that their rights are properly enforced. 

A policy that empowers consumers is one of the  central underpinnings  of the overall Europe 
2020  objective  of  smart,  sustainable  and  inclusive  growth,  because  it  contributes  to  raising 
consumer confidence while it also benefits reputable and innovative businesses by ensuring a 
level playing field and enabling fair competition.  

This  first  issue  of  the  "Report  on  Consumer  Policy"  presents  the  Commission's  action  across 
the complete policy spectrum from safety for products and services, information and education, 
rights and redress, enforcement, to consumer aspects in other policy areas. It covers the period 
from July 2010 to December 2011 and provides an overview of Commission initiatives (both 
horizontal  and  sectoral)  having  a  direct  impact  on  consumer  empowerment  and  protection, 
including  actions  focused  on  vulnerable  consumer  groups  (e.g.  children,  ageing  consumers, 
reduced mobility consumers). 

B. Safety and health 

Ensuring safety for products, services and food is the basic requirement of a sound consumer 
policy.  It  allows  the  EU  as  a  whole  to  act  effectively,  within  the  Single  Market  and  on  the 
international scene, to prevent unsafe products reaching consumers, and to boost the reputation 
of  European  exports.  During  the  reporting  period,  the  Commission  has  taken  a  number  of 
horizontal and sectoral initiatives in his area. 

1.  Product safety – preparation of the revision of the overall 

framework 

The  Commission  is  in  the  process  of  reviewing  Directive  2001/95/EC  on  General  Product 
Safety (GPSD). The review aims to strengthen the confidence of consumers and businesses in 
the  safety  of  products  available  in  the  internal  market.  It  should  contribute  to  growth  by 
providing businesses with safety rules that are clear and easier to understand and apply. It aims 
also to lower compliance costs and, more generally, create a genuine level playing field for fair 

1  Report on consumer protection, 2009/2137(INI), 2.3.2010, Rapporteur: Anna Hedh. 
2  Ibid, §3, p. 6. 

4

 
 
 
 
 
                                                 
playing businesses. Taking account of the European Parliament Resolution3 of March 2011 on 
the revision of the GPSD and market surveillance the Commission intends to present a package 
consisting of (1) a revised GPSD; (2) a new self-standing instrument on  market surveillance; 
and  (3)  a  multi-annual  market  surveillance  plan.  As  part  of  the  Single  Market  Act,  the 
Commission proposals are expected during the second half of 2012. 

Benefit for consumers: the revised legal framework on product safety and market surveillance 
should  offer  a  streamlined  set  of  rules  to  further  enhance  the  protection  of  consumers'  health 
and safety. 

2.  Food additives and contaminants 

During the reporting period the Commission's Joint Research Centre4 (JRC) produced several 
certified  reference  materials  to  enable  food  and  feed  testing  laboratories  to  reliably  and 
correctly control compliance with EU legislation and thus contribute to consumer protection. 

Furthermore,  methods  developed  by  the  JRC  were  adopted  as  standards  by  the  European 
Committee for Standardization (CEN) enabling a harmonised approach to food and feed safety 
control in a number of areas such as artificial sweeteners5 and the detection of mycotoxins6. 

Benefit  for  consumers:  the  use  of  artificial  sweeteners  is  regulated  in  the  EU  and  the 
standardised  method  developed  and  validated  by  the  JRC  will  allow  checking  whether 
legislative  limits  (maximum  usable  dose) have  been  respected.  Further,  the  ability  to  more 
accurately  determine  the  presence  of  mycotoxins  in  foods  for  infants  and  young  children 
should make their consumption safer. 

3.  Food contact materials 

During  the  reporting  period  the  Commission  adopted  several  legislative  acts  to  improve  the 
chemical safety of materials and articles intended or reasonably expected to come into contact 
with foods such as packaging materials, cutlery, dishes, containers and articles in contact with 
water  for  human  consumption.  Among  others  the  Commission  established  specific  more 
stringent  requirements  for  the  manufacture  and  marketing  of  such  materials  and  articles7, 
restricted  the  use  of  Bisphenol  A  in  plastic  infant  feeding  bottles8  and  laid  down  specific 
conditions  and  detailed  procedures  for  the  import  of  polyamide  and  melamine  plastic 
kitchenware originating in or consigned from China and Hong Kong9. 

Benefit for consumers: consumers are better protected against the risk that various chemical 
substances used for food packaging "migrate" from the packaging to the packaged food.  

3 2010/2085(INI), 8.3.201. 
4 http://www.irmm.jrc.be/.  
5 EN 15911:2011. 
6 EN 15850:2010 for Zearalenone; EN 15851:2010 for Aflatoxin B1. 
7 Reg. EU 10/2011, L 12/1, 15.1.2011. 
8 Reg. EU 21/2011, OJ L 87/1, 2.4.2011. 
9 Reg. EU 284/2011, OJ L 77/25, 23.3.2011. 

5

 
 
 
 
 
                                                 
4.  Toys 

The main provisions of Directive 2009/48/EU on the safety of toys10 became effective in July 
2011. The new regulatory framework for toys constitutes a significant step in the protection of 
some  of  the  most  vulnerable  consumers  in  the  EU:  children.  The  Directive  improves  the 
existing  rules  for  the  marketing  of  toys  that  are  produced  in  and  imported  to  the  EU,  with  a 
view to reducing toy related accidents and achieving long-term health benefits. 

Benefit  for  consumers:  toys  should  become  safer  since  manufacturers  and  importers  are 
required to facilitate traceability, carry out a safety and conformity assessment for products and 
chemicals  used  in  their  production.  The  new  rules  ban  chemicals  that  are  susceptible  to 
provoke  cancer,  change  genetic 
information  or  harm  reproduction,  so-called  CMR 
(Carcinogenic,  Mutagenic  or  toxic  for  Reproduction)  substances,  in  accessible  parts  of    toys 
and contain stronger provisions to prevent choking or suffocation through toys (or their parts). 

5.  Fire hazard 

In November 2011 the Commission published new safety standards for cigarettes11. Evidence 
shows that cigarettes left unattended are one of the leading causes of fatal fires in Europe. The 
number  of  fatalities  can  be  reduced  by  over  40%  with  the  introduction  of  'Reduced  Ignition 
Propensity' (RIP) cigarettes i.e. cigarettes which self-extinguish when left unattended and are 
less likely to cause fire. 

Benefit for consumers: cigarettes sold in Europe should comply with the new safety standards 
from November 2011. This new fire safety measure should lead to reduction of the number of 
injuries and fatal accidents caused by cigarette-ignited fires. 

6.  Electrical and electronic equipment 

Personal  music  players  are  an  example  of  consumer  products  whose  health  and  safety  risks 
were  taken  into  consideration.  Following  a  mandate  from  the  Commission,  the  relevant 
European standards organisation, CENELEC, developed a European standard that will ensure 
that  exposure  to  high  sound  levels  from  personal  music  players  is  limited  in  order  to  avoid 
hearing  damage.  The  new  standard  was  published  at  the  beginning  of  201112  and,  after  a 
transition period of 24 months, will be applied to products on the EU market. 

Benefit  for  consumers:  consumers  and  in  particular  children  and  young  adults  that  use 
earphones to listen to music are better protected against hearing loss. 

7.  Motor Vehicles 

Prompted  by  the  increasing  number  of  RAPEX  notifications  related  to  the  recall  of  motor 
vehicles  and  motorcycles,  the  Commission  decided  in  October  2010  to  enhance  the  current 

10 OJ L 170, 30.06.2010, p. 1. 
11 Cigarettes – Assessment of the ignition propensity Safety requirement (EN 16156:2010). 
12 Amended versions of the ‘Safety of information technology equipment" standard (EN 60950-1:2006) and 
"Safety of audio, video and similar electronic apparatus" standard (EN 60065:2002). 

6

 
 
 
 
 
                                                 
legal  framework  for  the  type-approval  of  motor  vehicles  and  motorcycles  through  the 
introduction of market surveillance principles13. 

Benefit for consumers: this initiative aims at reducing the risk for consumers to be confronted 
with safety problems arising from non-compliant or low-quality vehicles. 

8.  Nanomaterials 

Over the reporting period, the Joint Research Centre (JRC) continued to lay the foundations for 
a  harmonised  and  evidence-based  risk  assessment  in  nanotechnology  and  supported  the 
development  of  a  definition  of  nanomaterials  needed  for  regulatory  clarity  and  labelling 
purposes. These initiatives originate in safety concerns related to practices in the manufacturing 
process, to consumer health, and the protection of the environment. In February 2011 the JRC 
established  the  first  European  repository  of  nanomaterials  with  a  representative  range  of  25 
different types of reference nanomaterials containing thousands of samples for each type.14 

Benefit for consumers: the JRC activity makes it easier to detect and assess possible risks for 
consumers from the use of nanomaterials. 

9.  Chemicals 

Certain  RAPEX  notifications  relating  to  products  identified  by  Member  States  as  dangerous 
have revealed possible chemical risks, which so far were not regulated at the EU level. These 
cases have been discussed in various networks with experts and, where appropriate, a REACH 
restriction dossier has been introduced by a Member State. The restriction of the use of lead in 
jewellery is a recent example of such activities.15 

From a broader perspective, the JRC develops new approaches in testing the risks of chemicals 
to consumers16 with a strong focus on the development and harmonisation of integrated testing 
strategies  which  utilise  a  growing  number  of  complementary  scientific  disciplines  (e.g. 
computational  chemistry,  in-vitro  toxicology,  biophysical  modelling,  metabonomics17,  and 
systems  biology)  to  provide  more  quantitative  and  robust  tools  for  risk  assessment.  This 
includes endocrine disrupting substances, for which there is public concern over their ability to 
cause  permanent  dysfunctions  in  the  early  stages  of  human  development,  and  indoor  air 
quality, looking at exposure to emissions from consumer products and building materials which 
could  have  a  negative  impact  on  health  ranging  from  headaches  to  mucous  irritation, 
respiratory diseases and asthma. 

Benefit for consumers: consumers are better protected against the risks from the presence of 
dangerous chemical substances in the products they buy. 

13 See new texts at http://ec.europa.eu/enterprise/sectors/automotive/documents/proposals/index_en.htm#h2-2.  
14 http://ec.europa.eu/dgs/jrc/downloads/jrc_20110214_newsrelease_nanorepository_en.pdf.  
15 http://echa.europa.eu/documents/10162/aae1d985-ae57-44f9-8556-c952a6e6d09b.  
16 http://ecvam.jrc.it/.  
17 The study of metabolic responses to drugs, environmental changes and diseases. 

7

 
 
 
 
 
                                                 
10.  Cosmetics and medical devices 

In  relation  to  cosmetics,  the  Commission,  in  co-operation  with  the  national  competent 
authorities,  the  poison  centres  and  the  cosmetics  industry,  developed  a  new  web  based 
application  for  cosmetic  products  (Cosmetic  Products  Notification  Portal  –CPNP)  which  was 
launched on 11 January 2012, as required by Regulation (EC) N° 1223/2009.18 This application 
will  be  a  one  stop  shop  for  the  cosmetic  industry  to  submit  information  about  the  products 
placed on the EU market. The information submitted will be made available to poison centres 
and national authorities. 

Benefit  for  consumers:  poison  centres  can  react  quickly  to  help  consumers  in  case  of 
poisoning. 

Based on a Commission proposal, the Council adopted in September 2011 a directive on tooth 
whitening products.19 In the light of the scientific data available, this directive introduces new 
and clear rules on the use of these products in the European Union. 

Benefit  for  consumers:  consumers  are  better  protected  against  the  risks  from  use  of  tooth 
whitening substances. 

The Commission has during the reporting period also analysed the situation in relation to the 
upcoming  full  implementation  of  the  marketing  ban  for  cosmetics  tested  on  animals  in  2013 
and reported to the European Parliament and the Council. This is an issue that is close to the 
heart of many consumers. 

In relation to medical devices, work has been going on for the revision of the medical device 
legislation.  With  the  revision  the  Commission  aims  at  strengthening  the  legal  framework  for 
medical  devices.  A  more  robust  legal  framework  will  benefit  patients  and  consumers.  The 
revision also envisages access of the public to information on medical devices on the market 
and will thus lead to more transparency for consumers. 

Benefit for consumers: consumers are better protected against the risks from use of medical 
devices. 

11.  Pharmaceuticals 

New  rules  on  pharmacovigilance20  were  adopted  in  December  201021  and  will  be  applicable 
from July 2012 to provide significant benefits for patients. Among the pillars underpinning the 
new legislation are rules to strengthen transparency, communication and patient involvement as 
well  as  to  harmonise  decisions.  Also  spontaneous  reporting  of  adverse  medicinal  product 
reaction by patients is now built into the new system.  

The  new  legislation  on  falsified  medicines22  adopted  in  June  2011  introduces  strict  and 
effective measures for patient safety, being a major step forward in  fighting  falsified  medicines 
that  are  increasingly  found  in  Europe.  The  Directive  provides  for  strengthened  controls  of  all  key 
players  in  the  supply  chain.  The  Commission  has  been  starting  work  on  the  implementing  measures. 

18 http://ec.europa.eu/consumers/sectors/cosmetics/files/pdf/cpnp_user_manual_en.pdf. 
19 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:283:0036:0038:EN:PDF. 
20  Pharmacovigilance  (abbreviated  PhV)  is  the  pharmacological  science  relating  to  the  detection,  assessment, 
understanding and prevention of adverse effects, particularly long term and short term side effects of medicines. 
21  Directive  2010/84/EU  and  Regulation  (EU)  No  1235/2010  of  15  December  2010  on  pharmacovigilance  of 
medicinal products for human use. 
22 The European Parliament and Council Directive 2011/62/EU on falsified medicines of 8 June 2011. 

8

 
 
 
                                                 
Amongst  the  most  prominent  are:  the  delegated  act  on  the  'safety  features'  which  paves  the  way 
towards  a  European  safety  feature  to  identify  and  thus  authenticate  medicines  and  the 
implementing act to define the criteria to assess a third country Good Manufacturing Practices system 
on  active  substances.  The  Directive  makes  the  EU  regulatory  system  fit  for  the  future  and 
contributes to protecting patients from the risks of fake medicines. The application of the new 
rules  depends  on  the  topic,  it  ranges  between  18  months  and  4-5  years.  The  European 
Commission will now start working on the detailed rules to make sure these new measures are 
properly implemented. 

Benefit for consumers and patients: the new rules empower patients to play an active role in 
patient safety. 
The  Commission  adopted  in  October  2011  revised  proposals23  on  information  to  patients  on 
prescription-only  medicines.  The  new texts take into account the resolutions of  the European 
Parliament adopted in November 2010. The Commission's aim is to create a legal framework 
which clearly sets the conditions whereby industry may provide information to the public and 
fulfil  its  role  as  provider  of  objective  and  reliable  information  on  medicinal  products.  In  this 
context,  competent  authorities  should  generally  act  as  a  filter  between  the  marketing 
authorisation holder and the patient. Moreover, in these revised proposals, the Commission has 
addressed  certain  issues  related  to  pharmacovigilance  in  order  to  further  strengthen  the 
pharmacovigilance system in the European Union.  

In December 2011, the Commission announced the split of the revised proposals in two parts 
relating to information to patients and pharmacovigilance respectively, in order to facilitate the 
ordinary legislative procedure. 

Benefit for consumers and patients: the proposals should ensure that patients have access to 
reliable information. 

12.  Noise pollution 

Noise  pollution  poses  a  health  risk  to  consumers.  According  to  a  report,  prepared  with  the 
support of  the  JRC24 and released in March 2011 by the World Health Organisation (WHO), 
environmental noise leads to a disease burden that is second in magnitude only to that from air 
pollution,  among  environmental  factors  in  Europe.  The  JRC  contributed  to  this  report  and 
provided  a  methodology  for  strategic  noise  mapping  in  Europe  which  will  significantly 
improve  the  comparability  of  citizen's  exposure  to  excessive  noise  levels  and  contribute  to  a 
forthcoming amendment to EU legislation on noise. 

Benefit  for  consumers:  the  initiative  will  make  it  possible  to  better  protect  the  European 
citizens from noise pollution. 

23  COM(2011)  633  final,  amended  proposal  for  a  Directive  amending  Directive  2001/83/EC,  as  regards 
information  to  the  general  public  on  medicinal  products  subject  to  medical  prescription  and  as  regards 
pharmacovigilance;  COM(2011)  632  final,  amended  proposal  for  a  Regulation  amending  Regulation  (EC)  No 
726/2004  as  regards  information  to  the  general  public  on  medicinal  products  for  human  use  subject  to  medical 
prescription and as regards pharmacovigilance;  
http://ec.europa.eu/health/human-use/information-to-patient/legislative-developments_en.htm.  
24 http://ihcp.jrc.ec.europa.eu/our_activities/health-env/env_noise/who-and-jrc-announce-new-evidence-of-health-
effects-of-noise.  

9

 
 
 
 
                                                 
13. 

Indoor Air Quality 

The total calculated burden of disease attributable to poor Indoor Air Quality (IAQ) in the EU-
26  has  been  estimated  at  2  million  years  of  healthy  life  (DALYs)  lost  annually.  This  equals 
about 3 % of the total burden of disease in the EU.   

An  indoor  air  quality  expert  group  has  been  established  in  the  framework  of  the  EU 
Environment and Health Strategy25 to provide a forum for the exchange of best practices and 
information related to IAQ issues and to provide input to the Commission on programmes and 
policies on improving IAQ.  

It  promotes  synergy  with  other  policy  areas  such  as  environment,  energy,  enterprise  and 
research.  During 2011 it reviewed work carried out by the JRC on: (a) health-based evaluation 
of  indoor  products  emissions  in  the  EU  on  the  basis  of  the  LCI  (Lowest  Concentration  of 
Interest) concept; and (b) indoor air monitoring in the EU.  

Reports  were  published  in  2011  which  arise  from  actions  funded  under  the  EU  health 
programme,  including  on  'Promoting  actions  for  healthy  indoor  air'  (an  Indoor  Air  Quality 
Impact Assessment).26 

Benefit for consumers: these activities should lead to an improvement of the quality of indoor 
air and more healthy respiratory conditions for consumers. 

C. Information, education & capacity building 

Faced  with  the  increased  complexity  of  markets  and  the  developments  in  the  digital  world, 
consumers  need  to  have  access  to  the  right  information  and  the  right  tools  to  properly 
understand  it.  Information  should  be  transparent  and  accurate,  and  intermediaries  to  whom 
consumers  increasingly  turn,  should  be  reliable  and  really  unbiased.  Providing  tomorrow's 
consumers  with  basic  consumer  education  is  also  a  prerequisite  for  improving  consumer 
knowledge  in  the  longer-term  and  enabling  them  to  better  understand  information  about  the 
goods  they  purchase,  their  contractual  rights  and  the  means  at  their  disposal  to  enforce  these 
rights. Strong and competent consumer organisations are important. The Commission supports 
them by funding their capacity building. 

1.  Consumer Empowerment Index (CEI) 

According  to  a  Eurobarometer  survey  published  in  April  201127  on  the  occasion  of  the 
European  Consumer  Summit,  less  than  50%  of  EU  consumers  surveyed  felt  confident, 
knowledgeable  and  protected  in  terms  of  their  consumer  rights.  Detriment  reported  by 
consumers is estimated at around 0.4% of EU GDP with more than one fifth of EU consumers 
reporting  a  problem  in  the  previous  12  months.  Significant  numbers  of  consumers  have 
problems  making  everyday  calculations,  understanding  key  information,  recognising  illegal 
sales practices or knowing their rights. A majority of respondents did not know their right to 
return a faulty product, or to have it repaired or replaced.  

25 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2003:0338:FIN:EN:PDF. 
26 http://ec.europa.eu/health/healthy_environments/events/ev_20110614_en.htm. 
27 http://ec.europa.eu/consumers/consumer_empowerment/docs/report_eurobarometer_342_en.pdf.  

10

 
 
 
 
                                                 
Based  on  the  results  of  the  Eurobarometer  survey,  the  Commission's  Joint  Research  Centre 
(JRC) developed in 201128 a new composite indicator, to measure consumer empowerment: the 
Consumer  Empowerment  Index  (CEI).  The  Index  describes  perceptions  and  behaviours  of 
more than 56.000 consumers of 29 European countries along three main dimensions: Consumer 
skills, Awareness of legislation on consumer rights and Consumer engagement. The CEI also 
characterises  some  crucial  socio-economic  determinants  of  empowerment  such  as  living 
conditions, internet use, education or the language used. 

Benefit  for  consumers:  the  index  is  expected  to  help  policy  makers  focus  on  areas  where 
consumers face the most challenges. 

2.  Consumer information and education 

a)  Food Information Regulation 

The  new  European  rules  on  food  labelling  were  adopted  in  September  201129  and  will  enter 
into force in December 201430. The legislation lays down general principles on food labelling. 
It provides new rules on legibility of information and strengthens the rules intended to prevent 
misleading  practices.  Some  of  the  additional  information  requirements  concern  substances 
causing  allergies  or  intolerances.  There  are  also  new  requirements  to  provide  information  on 
the nutrient content of foods. New rules on labelling meat will enable the consumer to know 
the origin of fresh meat derived from pigs, sheep, goats and poultry. Engineered nanomaterials 
will also need to be indicated in the list of ingredients. 

Benefit  for  consumers:  the  new  rules  should  help  consumers  make  better  choices  that 
correspond closer to their needs. 

b)  Meat products 

In December 2010 the Commission adopted a Communication31 on the future necessity and use 
of  mechanically  separated  meat  (MSM)  in  the  EU  including  the  information  policy  towards 
consumers. The report clarifies the Commission's position on the obligation to label the use of 
any MSM and the need ensure that consumers are informed about the use of MSM in general. 
In order to ensure uniform application of the EU law and fair competition on the EU market the 
Commission's  services  will  develop  a  guidance  document  to  help  Member  States  to  better 
identify  products  that  need  to  be  considered  as  MSM  or,  if  appropriate  from  a  legal  point  of 
view, propose legislative amendments. 

Benefit  for  consumers:  consumers  will  be  able  to  identify  more  easily  products  containing 
MSM. 

28 http://ec.europa.eu/consumers/consumer_empowerment/docs/JRC_report_consumer_empowerment_en.pdf.  
29 Regulation (EU) Nr. 1169/2011, OJ L 304, 22.11.2011, p. 18. 
30 With the exception of the new mandatory nutrition labelling requirement which will be effective from 
December 2016. There are also a few additional transitional provisions in Article 54. 
31 http://ec.europa.eu/dgs/health_consumer/docs/msm_report_20101202_en.pdf.  

11

 
 
 
 
 
                                                 
c)  Fish and aquaculture products 

In  July  2010  the  Commission  adopted  a  proposal32  for  the  reform  of  the  Common  fisheries 
policy  that  goes  further  than  the  current  legislation  in  terms  of  information  to  consumers  on 
fish and aquaculture products:  

(cid:131) 

(cid:131) 

It extends the obligation to label the commercial name, production method and provenance 
to  all  products  whatever  their  presentation  (canned  and  processed  products  were  not 
included so far) and also proposes to include date of catch, mention of fresh or defrosted for 
non processed products;  

It supports provision of more understandable and precise information on the provenance of 
the  products.  Until  now  this  information  has  been  limited  to  very  large  areas  (FAO  zone 
number  or  e.g.  North  East  Atlantic).  The  reform  proposal  offers  the  opportunity  to  label 
smaller and better known areas such as for example: North Sea, English Channel and Bay 
of Biscay; 

(cid:131) 

It lays down provisions to frame additional voluntary information by way of developing EU 
minimum criteria. 

Benefit for consumers: the proposal will make it easier for consumers to choose among the 
various fish and aquaculture products on the basis of their preferences. 

d)  Food quality 

Product quality is  firstly about meeting consumer expectations. In the area of food and  drink 
there  exist  three  Community  registers  of  quality  denominations,  namely  for  "protected 
denominations  of  origin"  –  PDOs  -,  "protected  geographical  indications"  –  PGIs  -,  and 
"traditional specialties guaranteed" - TSGs. The list of products covered by this policy contains 
inter  alia    meat  and  meat  products,  cheeses,  other  products  of  animal  origin,  fruit  and 
vegetables, fish, beers, beverages, bread, pasta and even essential oils and flowers. 

The Quality Package adopted in December 2010 by the European Commission33 has a double 
objective:  to  guarantee  higher  quality  to  consumers  and  fair  prices  for  farmers.  This  Quality 
Package  sets  up  for  the  first  time  a  comprehensive  policy  on  certification  schemes,  value-
adding  terms  for  agricultural  product  qualities,  and  product  standards.  Until  now  these  have 
been spread among numerous pieces of legislation. With this Package, the Commission covers 
all facets of quality, from compliance with minimum standards to highly specific products. 

Benefit for consumers: consumers will have access to higher quality food products and will be 
able to choose more easily the ones that correspond to their preferences. 

e)  Information on and promotion of agricultural products 

Since  January  2011,  the  Commission  publishes  a  monthly  note  comparing  recent  price 
developments  for  agricultural  commodity  and  food  products  in  the  EU34.  This  initiative 
contributes to a better transparency in the food supply chain. 

32 http://ec.europa.eu/fisheries/reform/.  
33 http://ec.europa.eu/agriculture/quality/policy/quality-package-2010/index_en.htm.  
34 http://ec.europa.eu/agriculture/analysis/markets/foodprices/index_en.htm 

12

 
 
 
 
                                                 
Under  Regulation  n°  3/200835  the  EU  provides  financial  support  for  campaigns  to  promote 
farm products and inform consumers about how they were produced. EU assistance is normally 
given  to  professional  producer  organisations  through  a  co-financing  of  programmes  which 
could reach 50%. The EU budget is around €50 million annually. 

Promotional  campaigns  highlight  the  quality,  the nutritional  value  and  the  safety  of  EU  farm 
products and food based on these products. They also draw attention to other intrinsic features 
and advantages of EU products, such as specific production methods, labelling, animal welfare 
and respect for the environment. The campaigns can run inside the EU, or beyond its borders. 
Over the last 10 years around two thirds of the budget co-financed internal market campaigns.36 

During the reference period two specific initiatives were launched: 

(cid:131)  Ad-hoc campaign for programmes for fresh fruit and vegetables after the epidemic caused 

by the bacteria Escherichia coli; 

(cid:131)  Green  paper  on  promotion  measures  and  information  provision  for  agricultural  products 

issued in July 2011.37 

Benefit  for  consumers:  consumers  receive  better  quality  and  more  timely  information  and 
alerts on food products. 

f)  Information on animal feed 

New  feed  marketing  rules  have  entered  into  force  in  September  201038.  They  increase 
transparency  (e.g.  the  EU  catalogue  of  feed  materials),  help  the  consumer  make  informed 
choices  through  better  labelling  rules  that  go  beyond  the  mere  label  to  cover  any  means  of 
information,  and  counter  misleading  advertisement  through  explicit  principles  for  claims  on 
feed. 

Benefit for consumers: the rules are important not only for the 5 million livestock farmers in 
the  EU  but  also  for  the  roughly  60  million  European  households  that  have  pets  and  buy 
regularly pet food. 

g)  Impact of food on health and wellbeing 

During  the  reporting  period  several  research  projects  focused  on  understanding  consumer 
behaviour and preferences as well as on the impact of food on health and well-being. Some of 
these projects targeted vulnerable consumer groups like children and adolescents: 

(cid:131) 

(cid:131) 

Project  Eatwell39  (running  till  September  2012)  aims  at  improving  policy  interventions 
that will encourage healthy eating across Europe; 

Project Toybox40 (running till August 2013) seeks to influence obesity related behaviour 
in 4-6 year old; 

35 OJ L 3, 5.1.2008, p. 1. 
36 See Report on the application of Council Regulation (EC) No 3/2008 on information provision and promotion 
measures for agricultural products on the internal market and in third countries, COM(2010) 692 final, 
25.11.2010. 
37 http://ec.europa.eu/agriculture/promotion/policy/green-paper/index_en.htm.  
38 EC Regulation n° 767/2009 on the placing on the market and use of feed, OJ L 229/1, 1.09.2009. 
39 http://www.eatwellproject.eu/en/.  

13

 
 
 
 
                                                 
(cid:131) 

Project  Maitre41  (launched  in  September  2011)  aims  at  promoting  knowledge  on  food 
research in Europe and advancing the dialogue between the scientific world and society 
at large. 

h)  Information to consumers on their rights  

The Commission carried out a consumer rights awareness raising campaign in Bulgaria in 2010 
working closely with national stakeholders. A similar campaign was developed for Romania in 
2011. 

Benefit for consumers: these are targeted campaigns using efficient media channels to deliver 
key messages to consumers to raise consumers' awareness about their rights, and thus empower 
consumers in Bulgaria and Romania. 

i)  Tobacco 

29% of Europeans smoke, and smoking continues to be the largest single cause of preventable 
death and disease in the EU. 31% of smokers have tried to give up smoking within the last 12 
months.  The  Commission  launched  in  June  2011  the  EU-wide  campaign42  "Ex-smokers  are 
unstoppable" (2011-13) that focuses on encouraging Europeans to stop smoking. 

Benefit for consumers: the new campaign shifts the focus from the dangers of smoking to the 
positive  benefits  of  quitting,  highlighting  the  inspirational  achievements  of  ex-smokers  and 
offering practical tips on quitting. 

j)  Europa Diary, Dolceta, European Masters Programmes 

The Europa Diary 2010/2011 and 2011/2012 editions were delivered to schools, and as usual 
made available to students at the start of the school year. Maintenance and some dissemination 
actions  were  undertaken  for  the  Dolceta.eu  website.  A  new  section  on  financial  literacy  was 
launched,  and  a  new  section  on  food  issues  is  under  development.  A  project  setting  up  three 
European Masters programmes in Consumer Policy was completed in 2011 with the expiry of 
the  3  year  funding  cycle.  All  three  actions,  including  the  TRACE  programme  for  capacity 
building, were evaluated in 2011. As a consequence, the first steps were taken to set out a new 
interactive and targeted approach to consumer education, building on best practices exchange 
with MS, and bringing the actions in line with new media technologies.  

Benefit  for  consumers:  consumer  education  is  one  of  the  key  elements  for  consumer 
empowerment.  Empowered  consumers  can  best  reap  the  benefits  of  the  internal  market. 
Consumer issues should be encouraged to appear more prominently in education curricula with 
the support of the new platform. 

40 http://www.iaso.org/policy/euprojects/toyboxproject/  
41 http://maitreproject.eu/ 
42 http://www.exsmokers.eu/  

14

 
 
 
 
 
 
 
                                                                                                                                                           
3.  Capacity building 

During the reporting period the Commission worked closely with consumer organisations, that 
play a key role in raising consumers' awareness, and sought to raise their profile and strengthen 
their  capacity,  via  the  TRACE  (Training  for  Consumer  Empowerment43)  programme  of 
capacity  building  of  staff  working  in  consumer  organisations.  In  2011,  Commission'  services 
initiated a project/study called "Analysis of the Consumer Movement in Central,  Eastern and 
South Eastern Europe (CESEE)".  The purpose is to develop and propose options for actions, 
both  at  national  and  at  EU  level,  to  strengthen  the  consumer  movement  in  the  6  CESEE 
countries  Slovakia,  Slovenia,  Estonia,  Latvia,  Cyprus  and  Malta.  The  results  of  the  project 
should  be  taken  into  consideration  when  developing  options  for  strengthening  the  consumer 
movement  for  all  CESEE  countries.  This  project  builds  on  the  'Report  of  the  ECCG  on 
monitoring indicators of the consumer movement'44. 

Benefit  for  consumers:  these  initiatives  support  a  strong  and  competent  representation  of 
consumer interests at national and EU level. 

D. Rights and redress 

Empowered  consumers  have  to  be  able  to  rely  on  strong  rights  and  the  legislation  has  to  be 
adapted  to  new  market  conditions  and  to  the  developments  in  the  digital  world.  Consumer 
rights  have  also  to  be  properly  integrated  into  sectoral  policies.  Financial  services,  energy, 
transport  and  food  are  among  the  most  relevant  given  their  impact  on  consumers'  budgets 
today. 

1.  Consumer rights 

a)  Cross-border healthcare 

In  April  2011  the  new  Directive45  on  the  application  of  patients’  rights  in  cross-border 
healthcare  entered  into  force.  The  directive  applies  to  individual  patients  who  decide  to  seek 
healthcare in a Member State other than the Member State of affiliation. Member States must 
ensure that the healthcare providers on their territory apply the same scale of fees for healthcare 
for  patients  from  other  Member  States,  as  for  domestic  patients  in  a  comparable  medical 
situation. The Member State of affiliation must ensure that costs incurred by an insured person 
who receives cross-border healthcare are reimbursed, if the healthcare in question is among the 
benefits  to  which  the  insured  person  is  entitled  in  the  Member  State  of  affiliation.  The  rules 
will  also  make  it  easier  for  national  health  authorities  to  work  closer  together  and  exchange 
information on quality and safety standards of healthcare. 

Benefit for consumers and patients: the new rules clarify patients' rights to access safe and 
good  quality  treatment  across  EU  borders,  and  be  reimbursed  for  it.  Patients  travelling  to 
another EU country for medical care will enjoy equal treatment with the citizens of the country 
in which they are treated. The rules will also help patients who need specialised treatment, for 
example those who are seeking diagnosis or treatment for a rare disease. 

43 http://www.trace-beuc.org  
44 http://ec.europa.eu/consumers/empowerment/docs/eccg_report_indicators_012011_en.  
45 Dir. 2011/24/EU, OJ L 88/45, 4.4.2011. 

15

 
 
 
 
 
 
 
                                                 
b)  Consumer Rights Directive 

One  major  piece  of  consumer  legislation  has  been  adopted  in  2011,  the  Consumer  Rights 
Directive46  (CRD).  Member  States  have  to  transpose  it  into  national  law  by  December  2013. 
The provisions of the directive will apply to contracts concluded after 13 June 2014 and will 
replace the current Doorstep Selling47 and Distance Sales Directives48 . 

In contrast to the current Directives, which only impose a minimum level of harmonisation of 
consumer  protection  rules,  the  areas  covered  by  the  CRD  provide  for  a  convergent  level  of 
consumer protection across the 27 Member States, with some limited exceptions. 

Benefit  for  consumers:  the  new  rules  ban  certain  practices,  such  as  "pre-ticked"  boxes  for 
additional  options  or  "cost  traps"  of  internet  vendors  which  trick  consumers  into  paying  for 
services  which  appear  to  be  free.  The  new  Directive  extends  the  withdrawal  right  for 
consumers in distance and off-premises contracts to 14 days. The right of withdrawal for off-
premises contracts also covers visits by traders which were solicited by the consumer. The right 
of withdrawal is extended to online auctions (e.g. eBay auctions). Consumers will have a right 
to  withdraw  from  digital  content  such  as  music  or  video  downloads,  but  only  up  until  the 
moment the actual downloading process begins. 

The directive introduces new harmonised rules on delivery of goods and the passing of risk. It 
also bans surcharges higher than the trader's actual costs for the use of certain payment means 
(e.g. credit cards) and charges for telephone hotlines higher than the standard telephone rate for 
the contact with the trader in relation to the contract. In general, consumers will not have to pay 
charges  or  other  costs  if  they  were  not  properly  informed  thereof  before  the  placing  of  the 
order.  

Finally, the CRD contains a minimum list of information requirements to be respected by the 
trader  when  a  contract  for  the  sale  of  goods  or  the  provision  of  services  is  concluded  on 
business premises. This area has so far not been covered by EU legislation. 

c)  Unfair Commercial Practices 

Directive  2005/29/EC  on  Unfair  Commercial  Practices49  lays  down  harmonized  rules  for  the 
fight  against  unfair  commercial  practices  and  contributes  to  a  high  level  of  consumer 
protection. 

In  July  2011,  the  Commission  launched  an  on-line  legal  database50  (the  Unfair  Commercial 
Practices  Directive  Database  or  "UCPD  Database")  in  order  to  promote  a  common 
understanding and a convergence of practices when implementing and applying the Directive. 

Benefit for consumers: the new database allows the public to access in a user-friendly manner 
the  laws  and  jurisprudence  of  the  Member  States  related  to  the  Directive,  as  well  as  other 
useful material such as relevant academic work. 

46 Dir. 2011/83/EU, OJ L 304, 22.11.2011, p. 64; http://ec.europa.eu/justice/consumer-marketing/rights-
contracts/directive/index_en.htm. 
47 OJ L 372, 31.12.1985, p. 31. 
48 OJ L 144, 4.6.1997, p. 19. 
49 OJ L 149 of 11.06.2005, p 22. 
50 https://webgate.ec.europa.eu/ucp/. 

16

 
 
 
 
                                                 
d)  Common European Sales Law 

The  Commission  proposal  for  a  Regulation  on  a  Common  European  Sales  Law51  aims  at 
offering  parties  to  a  cross-border  consumer  contract  the  possibility  of  choosing  one  self-
standing, uniform  set of  contract law  rules  which would be  applicable throughout  the Union, 
without  the  need  for  adaptations  to  the  consumer  protection  requirements  of  every  Member 
State. The proposal covers the sale of traditional goods and of digital content products, as well 
as related service contracts such as repair and maintenance. 

The  level  of  protection  offered  is  at  least  the  same  or  higher  than  that  found  in  the  existing 
body  of  European  law,  including  the  Consumer  Rights  Directive,  and  is  comparable  to  or 
higher than that found in most Member States. 

Benefit  for  consumers:  the  results  of  the  impact  assessment  show  that  consumers  would 
benefit  from  purchasing  under  this  instrument.  Being  able  to  trade  across  the  EU  using  the 
same  set  of  rules  would  encourage  more  cross-border  trade  and  competition  in  the  internal 
market and thus consumers would benefit from a wider product choice at lower prices. It would 
also ensure consumer confidence in their rights whilst affording them a high level of mandatory 
protection.  For  example,  when  a  product  is  faulty  the  consumers  would  be  able  to  choose 
between  repair  or  replacement,  price  reduction,  withholding  performance,  termination  of  the 
contract and damages. Where a consumer terminates a contract, he would not be required as a 
general rule to pay for the use of the goods. Furthermore, the business practice of refusal to sell 
to consumers from other Member States would be likely to decline to the extent it is generated 
by the complexity of the legal requirements of consumer protection in the Member States  

e)  Protection of Personal Data 

In the second half of 2010 the Commission continued its review and carried out an extensive 
public consultation on the current legal framework for data protection, focusing  inter  alia on 
the  1995  Data  Protection  Directive52.  The  public  consultation53  confirmed  that,  although  the 
core  principles  of  the  Data  Protection  Directive  are  still  valid  and  that  its  technologically 
neutral character should be preserved, the risks to privacy and the protection of personal data 
associated  with  globalisation  and  new  technologies  are  rapidly  increasing,  posing  serious 
challenges to the exercise of the fundamental right to data protection and privacy. 

In  November  2010  the  Commission  published  a  Communication54  on  the  future  of  data 
protection in Europe. Following further stakeholder consultations throughout 2011 on a number 
of key areas the Commission adopted a comprehensive legislative package to reform European 
data protection rules in January 2012. 55 

Benefits for consumers: the initiatives are expected to reduce the risk that personal data and of 
consumers  are  misused,  hence  boosting  their  trust  and  confidence  in  new  technologies,  and 
allowing them to reap their full benefits. 

51 http://ec.europa.eu/justice/contract/files/common_sales_law/regulation_sales_law_en.pdf.  
52 Directive 95/46/EC of the European Parliament and of the Council of 24.10.1995 on the protection of 
individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 
23.11.1995, p. 31). 
53 Summary of replies to the public consultation about the future legal framework, 
http://ec.europa.eu/justice/news/consulting_public/0003/summary_replies_en.pdf.  
54 http://ec.europa.eu/justice/news/consulting_public/0006/com_2010_609_en.pdf.  
55 http://ec.europa.eu/justice/newsroom/data-protection/news/120125_en.htm. 

17

 
 
 
                                                 
f)  Timeshare 

In  2009  the  European  Union  updated  existing  legislation  targeting  timeshare  and  long  term 
holiday products (the so called Timeshare Directive56), in order to adapt  to market changes and 
close  legal  gaps,  e.g.  by  covering  new  products  such  as  holiday  clubs  as  well  as  resale  and 
exchange of timeshare rights. 

Member States should have transposed this legislation into national law since February 2011. 
The Commission has been closely monitoring this transposition process and in March 2011 it 
addressed letters of formal notice to several Member States in order to speed up the process. A 
formal report on the overall implementation of this Directive is foreseen in 2014. 

Benefit  for  consumers:  the  action  should  make  it  possible  for  consumers  to  profit  from  the 
new rules quicker in the whole of the EU. 

g)  Access to basic payment services 

Access  to  banking  services  is  a  basic  requirement  for  consumers  to  benefit  from  goods  and 
services  that  the  single  market  has  to  offer  as  well  as  from  opportunities  to  work  and  travel 
within the Union. However, certain of them, particularly exchange students or people working 
temporarily in another Member State, have difficulties in opening a bank account or obtaining 
a payment card if they are not permanent residents. Also, people who are on low or irregular 
incomes or those who have had financial difficulties in the past can currently be denied access 
to banking services in their country of residence. 

The  Commission  reflected  on  measures  necessary  to  guarantee  access  to  basic  payment 
services  for  any  consumer  legally  resident  in  the  Union.  In  July  2011  it  adopted  a 
Recommendation57 aiming at ensuring access to a basic payment account at a reasonable price 
for those persons who do not have a bank account in the Member State in which they wish to 
open  one,  regardless  of  their  financial  situation  and  their  Member  State  of  residence.  The 
Recommendation also defined the essential characteristics that basic payment accounts should 
include as a minimum, i.e. the means to receive, place, transfer and withdraw available funds, 
to the exclusion of overdraft facilities. 

Benefit for consumers: consumers should obtain an easier access to basic banking services. 

h)  Investment services 

In  October  2011,  the  Commission  presented  two  legislative  proposals  for  the  review  of 
Directive 2004/39/EC (MiFID) regulating the provision of investment services in the EU. The 
proposals deal with all the areas covered under the directive. Due to the importance of investor 
protection, especially when investment services are provided  to  retail clients, several parts of 
the proposals aim at strengthening the framework in this area. The proposals extend the scope 
of the directive to products and entities which are currently not covered,  improve the conduct 

56 Directive 2008/122/EC of 14.01.2009 on the protection of consumers in respect of certain aspects of timeshare, 
long-term holiday product, resale and exchange contracts, OJ L 33, 3.2.2009, p. 10. 
57 http://ec.europa.eu/internal_market/finservices-retail/inclusion_en.htm.  

18

 
 
 
 
  
 
                                                 
of business rules in the area of investment advice  and other  investment services (information 
requirements,  reporting  to  clients,  treatment  of  incentives  received  by  firms),  improve  the 
framework  for  authorisation  and  organisational  requirements  for  investment  firms  providing 
the  services  (responsibility  of  the  management,  fit  and  proper  criteria,  segregation  of  client 
assets, recording of clients' orders), strengthen the supervisory framework. 

Benefit  for  consumers:  consumers  should  be  better  protected  when  different  investment 
services are provided to them. 

i)  Mortgage credit 

In  March  2011,  the  Commission  presented  a  proposal  for  a  Directive  on  credit  agreements 
relating  to  residential  property58.  The  aim  of  the  Commission  proposal  is  to  create  a 
responsible, efficient, healthy and competitive pan-European market that works to the benefit 
of  consumers.  The  proposal  aims  to  prevent  the  sort  of  irresponsible  lending  and  borrowing 
practices that have fuelled the financial crisis and had a negative impact on consumers, lenders, 
the  financial  system  and  the  economy  at  large.  The  proposal  will  also  take  the  first  steps 
towards  creating  a  single  market  for  mortgage  credit  by  removing  or  reducing  obstacles  that 
prevent  consumers,  lenders  and  intermediaries  from  offering  or  taking  out  a  mortgage  in 
another Member State.  

robust 

rules  concerning  advertising,  pre-contractual 

Benefit  for  consumers:  the  proposal  introduces  a  higher  level  of  protection  for  consumers 
through 
information,  advice, 
creditworthiness  assessment,  and  early  repayment.  The  requirement  to  provide  personalised 
information  to  the  consumer  through  a  European  Standardised  Information  Sheet  (ESIS)  will 
allow consumers to easily compare mortgage conditions from different providers. The proposal 
also aims to create a more efficient and competitive single market for mortgages by creating a 
level playing field for all actors involved and making cross-border activity easier.  

j)  Bank fees 

Banking  fee  structures  related  to  the  holding  and  use  of  bank  accounts  are  very  often  rather 
opaque. The transparency difficulties arise partly from the variety of terms which are applied 
within  one  country  to  the  same  fees.  Consumers  suffer  from  confusion  and  a  lack  of 
understanding of what they are actually paying for, are unable to compare offers from different 
banks  and,  as  a  result,  risk  ending  up  with  services  they  do  not  need  and/or  paying 
unnecessarily high fees. 

In November 2010, the Commission asked the European banking industry to identify and put in 
place  measures  to  improve  the  access  to,  the  understanding  and  the  comparability  of 
information  on  bank  fees59.  This  self-regulatory  initiative  has  failed  to  produce  a  satisfactory 
outcome.  The  Commission  aims  for  transparent  bank  fees  and  intends  to  adopt  a  regulatory 
initiative for the end of 2012.60 

58 http://ec.europa.eu/internal_market/finservices-retail/credit/mortgage_en.htm#directive.  
59 http://ec.europa.eu/dgs/health_consumer/dyna/enews/enews.cfm?al_id=1081.  
60 Speech on January 2012 by Michel Barnier, European Commissioner for internal market and services, at the 
Asian Financial Forum Hong Kong, 
http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/12/6&format=HTML&aged=0&language=EN
&guiLanguage=en.  

19

 
 
 
 
                                                 
Benefit for consumers: the action should make it easier for consumers to compare and shop 
for banking services. 

k)  Deposit insurance and investor protection schemes 

A  legislative  proposal  for  the  review  of  the  Investor  Compensation  Schemes  directive, 
published  in  July  2010,  aims  at  strengthening  the  last  resort  protection  offered  to  investors 
when, often because of fraudulent events, authorised investment service providers are unable to 
return assets to them.61 

Another proposal for a directive published at the same time (July 2010) will also enhance the 
funding of Deposit Guarantee Schemes in Europe and improve access for consumers, through 
for example reduced payment periods and one-stop-shops in cross-border situations.62 

Benefits  for  consumers:  the  improved  financing  of  the  schemes  should  increase  safety  for 
depositors  and  investors.  This  should  strengthen  consumers'  confidence  that  they  can  safely 
deposit  funds  or  purchase  investment  services  all  over  the  internal  market  while  enjoying  a 
harmonised level of protection. 

l)  Air passenger rights (APR)  

Regarding  air  passengers  rights,  in  2010/2011,  the  Commission  kept  working  towards  an 
adequate and homogeneous application of the relevant rules in all the Member States in order 
to  ensure  the  provision  of  basic  rights  for  citizens  when  travelling  and  in  cases  of  travel 
disruption. The Commission has been constantly in contact with Member States to monitor and 
ensure  the  good  application  of  all  legal  developments  in  the  field  of  APR,  as  the  recent  case 
law from the European Court of Justice (in particular with regard to rulings C-402/07 and C-
432/07,  Sturgeon  and  Others,  and  C-549/07,  Wallentin-Hermann),  which  led  to  further 
clarification of the APR Regulation. 

As  a  consequence  of  the  volcanic  ash  cloud  crisis  of  April  2010  and  in  order  to  alleviate  its 
impact on both industry and passengers, informal interpretative guidelines63 on the application 
of  Regulation  261/2004  in  the  framework  of  the  ash  crisis  have  been  agreed  with  all  NEBs 
(National  Enforcement  Bodies).  These  guidelines  have  also  proved  useful  during  the  much 
more limited disruptions caused by the volcanic ash in May 2011. 

Two Commission texts on APR have been adopted in early 2011:  

(cid:131)  a  Communication64  (ex  post  assessment)  on  Regulation  261/2004  together  with  a 
Commission  Staff  Working  Paper65  focussing  on  the  application  and  enforcement  of  the 
Regulation in the Member States, notably with regard to complaint handling; 

(cid:131)  a  Report  (application  report)  on  Regulation  1107/2006  concerning  the  rights  of  disabled 
persons and persons with reduced mobility when travelling by air (COM(2011) 166 final)66.  

61 http://ec.europa.eu/internal_market/securities/docs/isd/dir-97-9/proposal-modification_en.pdf.  
62 http://ec.europa.eu/internal_market/bank/docs/guarantee/20100712_proposal_en.pdf.  
63 http://ec.europa.eu/transport/passengers/air/doc/2011_ash-cloud-crisis-guidelines-for-interpretation.pdf.  
64 COM(2011) 174 final,  http://ec.europa.eu/transport/passengers/doc/com_2011_174_communication_en.pdf.  
65 http://ec.europa.eu/transport/passengers/doc/sec_2011_428_staff-working-paper.pdf.  

20

 
 
 
 
 
 
 
                                                 
In  December  2011,  the  Commission  launched  a  public  consultation67  regarding  a  possible 
revision  of  Regulation  261/2004  taking  into  account  the  results  from  various  studies, 
stakeholder consultations, effects of rulings from the ECJ and other significant developments. 

Furthermore, the Commission is preparing guidelines to facilitate and improve the application 
of  Regulation  1107/2006.  These  guidelines  will  be  adopted  before  the  Paralympic  Games  in 
July 2012.  

The  Commission  has  in  2011  finalised  a  report  on  EU  price  transparency  rules  laid  out  in 
Regulation 1008/2008 on air services, Directive 2005/29/EC on Unfair commercial practices, 
Directive  93/13/EEC  on  Unfair  Contract  Terms  and  Directive  2000/31/EC  on  E-commerce 
taking  into  account  new  developments  in  the  market  since  2009.  This  study  will  serve  as  a 
basis for Commission action in this field in 2012.  

In March 2011 the Commission also published an independent study on passenger protection in 
case of airlines' insolvencies.68 

Benefit for consumers:  the  measures  seek  to  improve  the situation  of  consumers  before  and 
during their booking process as well as during disruptions of air transport, and also to ensure 
that  disabled  persons  and  persons  of  reduced  mobility  have  equal  opportunities  to  use  air 
transport services. 

m) Rights of passengers using other modes of transport 

Regulation (EC) 1177/201069 on passenger rights in maritime and inland waterways transport 
has been adopted in November 2010 and will apply as from December 2012. 

Regulation (EC) 181/201170 on passenger rights in bus and coach transport has been adopted in 
February 2011 and will apply as from March 2013. 

In  December  2011  the  Commission  adopted  a  Communication71  on  passenger  rights  in  all 
modes of transport: aviation, rail72, boat and bus/coach. This Communication summarises the 
rights  and  principles  which  apply  to  all  modes,  notably  also  with  regard  to  passengers  with 
disabilities and reduced mobility. It draws on years of experience with applying the legislation 
(in aviation and rail) and on the interpretations of the EU Court of Justice. It aims at helping: 

(cid:131)  carriers towards a more coherent and effective application of EU law; 

(cid:131)  national  authorities  towards  a  harmonised  enforcement  of  passenger  protection  across  all 

modes; 

(cid:131)  passengers towards a better understanding of what they can legitimately expect (and what 

they cannot) as minimum quality service when travelling. 

It also identifies some areas where further convergence of current legislation can be achieved 
and loopholes that can be filled, to pave the way for a consistent application of the law. 

66 http://ec.europa.eu/transport/passengers/doc/com_2011_166_report.pdf.  
67 http://ec.europa.eu/transport/passengers/consultations/2012-03-11-apr_en.htm.  
68 http://ec.europa.eu/transport/passengers/studies/doc/2011_03_passenger-rights-airline-insolvency.pdf.  
69 OJ L334, 17.12.2010, p. 1. 
70 OJ L55, 28.2.2011, p. 1–12  , 
71 http://ec.europa.eu/transport/passengers/doc/comm-2011-898-european-vision-passengers_en.pdf.  
72 Regulation 1371/2007, OJ L315,3.12.2007, p. 14, on rail passenger rights is applicable since October 2009. 

21

 
 
 
                                                                                                                                                           
Benefit  for  consumers:  passengers  in  all  modes  of  transport  now  enjoy  a  basic  set  of 
passenger rights providing minimum protection for citizens when travelling. The EU rules on 
passenger  rights  facilitate  mobility  and  social  integration,  notably  by  providing  equal  travel 
opportunities for disabled persons and persons with reduced mobility. 

2.  Redress 

Consumers  should  be  able  to  obtain  redress  quickly  and  at  a  low  cost.  Out-of-court  redress 
offers advantages to both consumers and traders in terms of time, money savings and smooth 
proceedings to resolve disputes between them. 

a)  Alternative Dispute Resolution (ADR) Directive – new legislative 

proposals in 2011 

In  2010,  one  in  five  European  consumers  encountered  problems  when  buying  goods  and 
services in the single market. Unfortunately, at this stage, out-of-court dispute resolution in the 
EU is possible  only  for  some  business sectors or in some areas. The Commission adopted in 
November 2011 a package of legislative proposals to address this problem.73 

The proposed Directive on Alternative Dispute Resolution74 aims to ensure that ADR schemes 
are available across the EU to handle all disputes between consumers and traders linked to the 
sale of goods or the provision of services in all sectors. ADR schemes should respect certain 
quality principles, such as impartiality, transparency and effectiveness. The  binding nature of 
these  principles  should  create  a  level  playing  field.  Consumers  would  be  informed  on  the 
existence of an ADR scheme in the main commercial documents. This obligation will act as an 
incentive  on  traders  to  use  ADR.  National  authorities  in  charge  should  monitor  the 
implementation  of  the  Directive  and  report  to  the  Commission  every  two  years  on  the 
functioning of ADR schemes. 

Benefit for consumers: the new legislative proposal aims to ensure that all EU consumers can 
solve their problems without going to court, regardless of the kind of product or service that the 
contractual  dispute  is  about  and  regardless  of  where  they  bought  it  in  the  European  single 
market (that is, at home or abroad). 

b)  Online Dispute Resolution (ODR) Regulation 

The  proposed  ODR  Regulation75  foresees  that  the  Commission  will  establish,  operate  and 
maintain the ODR Platform, an accessible and free of charge interactive website. The Platform 
would  provide  an  electronic  complaint  form  and  refer  the  complaint  to  an  ADR  scheme 
competent to deal with the cross-border online dispute. In parallel the Commission would set 
up a network of experts (ODR expert network) to facilitate the resolution of disputes relating to 
complaints submitted to the ODR Platform. Disputes referred to an ADR scheme through the 
ODR Platform should be dealt with in a maximum period of 30 days. Traders would be obliged 
to inform consumers about the existence of the ODR scheme. National competent authorities 
would be entrusted with monitoring the ODR system. 

73 For the general framework see the Communication on ADR, COM(2011) 791/2, 
http://ec.europa.eu/consumers/redress_cons/docs/communication_adr_en.pdf.  
74 http://ec.europa.eu/consumers/redress_cons/docs/directive_adr_en.pdf.  
75 http://ec.europa.eu/consumers/redress_cons/docs/odr_regulation_en.pdf.  

22

 
 
 
 
                                                 
Benefit for consumers: for consumers who are shopping online from another EU country, the 
proposal  should  create  an  EU-wide  single  online  platform,  which  would  allow  contractual 
disputes to be solved entirely online within 30 days. 

E. Enforcement 

Enforcement  is  about  giving  consumers  in  practice  the  rights  they  have  on  paper.  Effective 
enforcement of consumer rules is an essential element of consumer empowerment.  

1.  Consumer Protection Cooperation Network – Sweep on ticketing 

and assessment of the efficiency and effectiveness of the Network 

The Consumer Protection Cooperation (CPC) Regulation76 brings together the national public 
authorities  responsible  for  the  enforcement  of  the  EU  consumer  laws  to  form  a  European 
network of enforcers. Since it started operating at the end of 2006, the Networked proved to be 
a  powerful  tool  that  provides  enforcers  with  the  means  to  effectively  putting  an  end  to 
commercial practices harming consumers in cross-border situations.  

The  Network  further  engages  in  concerted  market  monitoring  and  enforcement  activities 
coordinated by the Commission.  

In  September  2011  the  Commission  presented  the  outcome  of  the  2010  sweep77  exercise  (an 
annual check of selected websites in a given sector) on ticketing for music and sporting events 
and coordinated a new sweep on consumer credit. The outcome of the 2010 sweep showed an 
increase in compliance with consumer rules from 40 % at the beginning of the exercise to 88% 
at the end. The preliminary findings of the 201178 sweeps revealed irregularities in up to 70% 
of the sites that are being followed up by national authorities.  

Benefit for consumers: although the Network only started operating at the end of 2006, it has 
already brought tangible results for European consumers: in 5 years it has dealt with over 600 
cross-border  enforcement  cases  protecting  consumers'  collective  economic  interests.  The 
sweeps contribute to make the online consumer markets safer. 

2.  ECC Centres – helping consumers in cross-border disputes 

ECC-Net  is  an  EU-wide  Network  that  informs  citizens  about  their  rights  when  they  are 
shopping across the internal EU borders. EEC-Net supports them with seeking redress with a 
trader in another EU Member State, Iceland and Norway, when something goes wrong.  

Consumer demand for ECC's help is still relevant in 2011, ECC-Net handled more than 70.000 
contacts (71,000 in 2010) with consumers who turned to them for advice and help. More than 
half of these contacts represent complaints that are situations where consumers had a problem 
with a trader in another country (42.099 complaints against 28.108 requests for information). 
Internet purchases continue to be the main source of consumer's cross-border complaints with 
56.6% in 2011 of all complaints. As regards the sectors concerned, transport is the number one 
problem sector for consumers, representing 32% of all complaints. In 41% of all complaints the 

76 OJ L 364, 27.10.2004.  
77 IP/2011/1094 dated 29.09.2011.  
78 http://ec.europa.eu/consumers/enforcement/sweeps_en.htm 

23

 
 
 
 
                                                 
ECC-Net  was  able  to  secure  an  amicable  settlement  while  in  45%  of  all  cases  there  was  a 
failure  to  reach  an  agreement  mostly  due  to  the  traders'  "refusal  to  compromise"  (75.5%  of 
cases not settled at this stage).  

Benefit for consumers: ECCs offer consumers an easily accessible contact point where they 
can get advice and assistance when they face a problem with a cross-border purchase. 

3.  Injunctions Directive 

In  2009  the  European  Union  updated  existing  legislation  on  injunctions  for  the  protection  of 
consumers' interests79 in order to extend its scope of application to more consumers' interests. 
In 2011 it initiated a transposition check, addressing so far 5 letters of formal notice to Member 
States. A formal report on the overall application of this Directive is foreseen in 2012. 

Benefit for consumers: these injunction80 powers will provide consumer protection authorities 
with an additional tool  in their fight against  rogue traders, especially where  existing criminal 
sanctions might be unwieldy or difficult to enforce. 

F. Consumer interests in other policy areas 

1.  Consumer Market Monitoring 

a)  Consumer Scoreboards 

The  Commission  has  significantly  developed  its  monitoring  of  the  single  market  in  order  to 
identify  markets  failing  consumers.  The  October  2010  Consumer  Markets  Scoreboard81 
identified  potential  malfunctioning  among  50  of  the  most  important  consumer  markets. 
Compared  to  goods  markets,  services  markets,  especially  financial  services,  real  estate 
services, energy and telecommunications, appear to perform less well for consumers in terms 
of  lack  of  transparency,  lack  of  consumer  trust  in  businesses,  problems  and  complaints,  and 
overall  dissatisfaction.  Switching  remained  a  significant  problem  in  energy  and  certain 
financial services. With a few exceptions (second hand cars, clothing and footwear, and meat) 
goods markets on the whole appear to be considerably better functioning. 

The October 2011 Consumer Markets Scoreboard82 largely confirmed this overall picture. For 
the first time, the level of competition perceived by consumers was also measured. 

The March 2011 Consumer Conditions Scoreboard83 monitored two different dimensions of the 
Single Market performance for consumers: integration of the retail single market and consumer 
conditions in the Member States.  It showed that while e-commerce continues to grow, barriers 
to cross-border e-commerce need to be further tackled. For example, many consumers are still 
not confident in shopping cross-border online. Those who have tried cross-border e-commerce 

79 Directive 2009/22/EC on injunctions for the protection of consumers' interests, OJ L 110, 1.5.2009, p.30. 
80  An injunction is an order issued by a court that forces the defendant - a person or corporation - to do something 
or stop doing something, depending on what the plaintiff is requesting. 
81 http://ec.europa.eu/consumers/strategy/docs/4th_edition_scoreboard_en.pdf.  
82 http://ec.europa.eu/consumers/strategy/docs/6th_edition_scoreboard_en.pdf.  
83 http://ec.europa.eu/consumers/strategy/docs/5th_edition_scoreboard_en.pdf.  

24

 
 
 
 
 
                                                 
reported  significantly  higher  confidence  levels  than  those  who  had  never  tried  it.  The 
Scoreboard also monitored national consumer policies, revealing a wide divergence across the 
EU in terms of trust in institutions and the quality of enforcement, as perceived by businesses 
and consumers. 

Benefit  for  consumers:  this  initiative  seeks  to  survey  consumers'  perceptions  of  and 
confidence in given markets in order to target policy measures to the sectors that pose the most 
problems for consumers. 

b)  Market Studies 

One  of  the  principal  outcomes  of  the  Consumer  Markets  Scoreboard  at  EU  level  is  the 
identification  of  markets  for  in-depth  studies.  In-depth  market  studies  aim  at  better 
understanding  why  certain  markets  malfunction  for  consumers  and  at  formulating  policy 
recommendations. The market studies collect new evidence through price collection, mystery 
shopping, surveying, and consultation with stakeholders. Two market studies were completed 
during  the  period,  on  the  retail  electricity  market  and  on  electronic  commerce,  and  further 
studies have been launched or are ongoing on electrical and electronic goods, internet service 
provision, meat and consumer credit. 

The market study on  electricity, published  in  November 201084,  revealed major  problems for 
electricity  consumers  in  being  able  to  identify  the  cheapest  tariff,  switching  providers  and 
dealing with complaints.  It was estimated that on average EU consumers could save €100 euro 
per  year  if  they  would  switch  to  the  cheapest  available  tariff.  A  Staff  Working  Document 
endorsed by the Energy Council proposed a series of actions to facilitate consumer choice and 
empower  EU  consumers  on  the  energy  market,  including  easier  price  comparison,  more 
effective complaint handling and better bills. 

The  study  on  e-commerce,  finalised  in  December  2011  showed  that  consumers  can  benefit 
considerably from shopping online, especially across borders. It estimated that if e-commerce 
were to grow to 15% of the total retail sector and Single Market barriers were eliminated, total 
consumer welfare gains would reach around €204 billion, an amount equivalent with 1.7% of 
EU  GDP.  This  is  four  times  higher  compared  to  a  situation  where,  with  a  similar  share  of 
internet  retailing,  the  fragmented  national  consumer  markets  of  the  27  Member  States  would 
continue  to  exist.  Two-thirds  of  consumer  welfare  gains  are  due  to  increased  online  choice, 
which is considerably larger across borders. The study sets out the need for action in relation to 
easier  redress,  enhanced  enforcement,  better  information  on  online  transactions,  improved 
transparency of offers for consumers. Concrete actions to address these issues are included in 
the Commission's e-commerce Communication.  

c)  Behavioural studies 

The  Commission  has  deepened  its  understanding  of  consumer  behaviour  and  behavioural 
testing during this period.  

The survey on consumer empowerment85 (see below) confirmed the problems consumers have 
in recognising key information and performing calculations.  

84 http://ec.europa.eu/consumers/consumer_research/market_studies/docs/retail_electricity_full_study_en.pdf/  
85 http://ec.europa.eu/consumers/consumer_empowerment/index_en.htm.  

25

 
 
 
 
                                                 
A first pilot study was published in November 201086 using behavioural science techniques to 
understand  consumer  decision-making  in  the  area  of  retail  investment  products.  Using 
randomised controlled trials, the study demonstrated not only the significant problems ordinary 
consumers  have  in  making  optimal  investment  decisions  but  also  that  simplification  and 
standardisation  of  key  investment  parameters  is  likely  to  significantly  improve  decision-
making, whereas education seems likely to be less effective. The findings will be used to revise 
the PRIPS (Packaged Retail Investment Products) legislation. 

Further  behavioural  studies  will  allow  testing  policy  options  in  various  areas  of  interest  to 
consumers,  through  the  use  of  a  new  framework  contract  operational  since  end  2011,  whose 
implementation will be supported by the JRC. 

2.  Digital Services 

Too  many  barriers  are  still  blocking  consumers  from  enjoying  a  free  flow  of  online  services 
and  entertainment  across  national  borders.  The  Commission  initiated  research  into  consumer 
problems with digital services in 2010. The results published in June 2011 show that more than 
half (54%) of consumers had a problem with at least one of the eight popular digital services87 
in the study88. 

Under  the  Single  Market  Act  and  the  Digital  Agenda,  the  Communication  on  eCommerce 
adopted in January 2012, puts forward an action plan which will facilitate cross-border access 
to online products and digital content, ultimately solve the problems of payment, delivery and 
consumer protection and  information, and  assist dispute resolution and the removal of illegal 
content,  thus  helping  to  develop  an  Internet  that  is  more  secure  and  more  respectful  of 
fundamental rights and freedoms.89 

In  its  Green  Paper  on  Card  Internet  and  mobile  payments  adopted  in  January  2012  the 
Commission looks, inter alia, at what needs to be done to ensure that these payment services 
are transparent for consumers and how to improve interoperability of digital payments and how 
to increase the level of payment security and data protection.90 

a)  Copyright reform 

In the area of copyright, during the reference period under consideration the Commission has 
engaged  in  three  initiatives  that  have  direct  relevance  for  consumer  policy.  Two  initiatives  – 
one on orphan works and another on out-of-commerce works - are concerned with facilitating 
the  digitising  of  Europe's  rich  cultural  heritage  and  making  it  broadly  accessible  online  to 
European  citizens  and  consumers.  The  third  initiative  concerns  the  launch  of  a  broad-based 
public  consultation  on  the  opportunities  and  challenges  for  the  online  distribution  of 
audiovisual content. 

86 http://ec.europa.eu/consumers/strategy/docs/final_report_en.pdf.  
87 emails, social networks, music, games, ringtones, positioning and navigation services, anti-virus software and e-
learning 
88 http://ec.europa.eu/justice/consumer-marketing/files/empirical_report_final_-_2011-06-15.pdf 
89 http://ec.europa.eu/internal_market/e-commerce/communication_2012_en.htm.  
90 http://ec.europa.eu/internal_market/payments/cim/index_en.htm.  

26

 
 
 
 
 
 
 
                                                 
As  stated  in  the  Commission's  Communication91  entitled  "A  Single  Market  for  Intellectual 
Property Rights", facilitating the preservation and dissemination of Europe's rich cultural and 
intellectual  heritage  and  encouraging  the  creation  of  European  digital  libraries  is  key  to  the 
development of the knowledge economy. Therefore, in May 2011, the Commission adopted a 
legislative proposal on orphan works92 whose objective is to facilitate the creation of digital 
libraries  and  archives  as  well  as  contribute  to  the  functioning  of  the  Europeana  portal.93  The 
proposal  makes  it  possible  for  libraries,  archives,  film  heritage  institutions  and  public 
broadcasting  organisations  to  digitise  and  make  orphan  works  available  online  under  certain 
conditions. Once a work is established as an orphan work in one Member State on the basis of 
a diligent search, the work will be mutually recognised as an orphan work throughout the EU.  

The  second  initiative  which  the  Commission  launched  in  November  2010  is  a  stakeholder 
dialogue  on  out-of-commerce  works.  This  platform  brings  together  authors,  publishers, 
libraries and collecting societies in order to develop voluntary collective licensing schemes on 
the  basis  of  a  set  of  guiding  principles  that  will  enable  the  digitisation  and  online  making 
available of books and learned journals that are still protected by copyright but are no longer 
commercially available.94  

Benefit for consumers: these two initiatives are to be seen as complementary. Their successful 
outcome will make an important contribution to the preservation and dissemination of cultural 
goods  and  services  for  the  ultimate  benefit  of  European  citizens,  consumers,  researchers  and 
academics. 

The  Digital  Agenda  for  Europe  introduces  several  actions  in  the  field  of  digital  content 
distribution and single market. Of these initiatives a major consultation95 on how to avail of the 
opportunities  offered  by  the  online  distribution  of  films,  video-on-demand,  TV  programmes 
and  other  audiovisual  works  in  order  to  move  towards  a  digital  single  market  in  Europe  was 
launched in July 2011. The pace of change is likely to accelerate with the advent of internet-
enabled  TV  and  "cloud-based"  services.  The  objective  of  the  Green  Paper  is  to  assess  the 
current  state  of  play  in  the  development  of  online  audiovisual  services,  asking  questions  on 
what is needed to enable business and consumers to capitalise on the new opportunities offered 
by digital technologies. 

The  other  major  initiatives  identified  in  the  Digital  Agenda  mainly  aiming  to  facilitate  the 
access to digital content cross-border (the framework directive on collective rights management 
and  the  review  of  the  directive  on  the  enforcement  of  intellectual  property  rights)  will  be 
launched during the year 2012. 

Benefit  for  consumers:  this  initiative  should  identify  whether  any  regulatory  changes  are 
needed  in  order  to  help  content  creators,  right-holders  and  distributors  meet  demand  from 
consumers  who  increasingly  expect  to  be  able  to  watch  anything,  anywhere,  anytime  and  on 
any device. 

91 COM (2011) 287 final, 24.5.2011 
92 COM (2011) 289 final, 24.5.2011. Orphan works are works that are still protected by copyright but where the 
author cannot be identified or, even if identified, cannot be located. Therefore, libraries and archives are not in a 
position to ask the rightsholders for their permission to use their copyright-protected works in a digital library 
project. 
93 http://www.europeana.eu/portal/.  
94 Out-of-commerce works differ from orphan works to the extent that their authors and publishers are known but 
the work is not available in traditional or in new electronic channels of trade.  
95 "Green Paper on the online distribution of audiovisual works in the European Union: opportunities and 
challenges towards a digital single market, 
http://ec.europa.eu/internal_market/consultations/2011/audiovisual_en.htm.  

27

 
 
 
                                                 
b)  Levies 

Private  copying  levies96  are  currently  not  harmonised  at  EU  level.  Member  States  operate 
different systems with respect to, for instance, the type of equipment that is subject to a levy, 
the  way  the  levy  is  calculated  and  how  it  is  administered.  This  results  in  price  differentials, 
which  can  often  be  substantial,  for  similar  products  across  the  EU.  The  system  of  collecting 
levies for goods that are traded across borders is also complex and uneven. This situation has 
obvious implications for the internal market (disparities amongst Member States' levy systems), 
for consumers (price differentials) and producers and importers of equipment subject to levies 
(paying levies in more than one country for the same item). 

The proper functioning of the internal market therefore requires that action be taken in this area 
in  order  to  provide  consumers  with  a  level-playing  field  in  the  EU  as  well  as  to  enable  the 
smooth cross-border trade in goods that are subject to these levies. 

In order to achieve this objective, the Commission appointed in November 2011 a high level 
independent  mediator97 tasked with ironing  out  differences between the relevant stakeholders 
on the administration of private copying levies. The mediator will explore possible approaches 
with  a  view  to  harmonising  the  methodology  used  to  impose  levies,  to  improve  the 
administration of levies, specifically the type of equipment subject to a levy, the setting of tariff 
rates, and the inter-operability of the various national systems. A concerted effort on all sides to 
resolve outstanding issues should lay the ground for legislative action at EU level planned for 
2013. 

Benefit  for  consumers:  the  measure  should  make  it  easier  for  consumers  to  shop  for  and 
compare products that are subject to copyright levies. 

3.  Telecommunications 

a)  Net neutrality 

In  April  2011  the  Commission  adopted  a  Communication98  on  "The  open  internet  and  net 
neutrality in Europe" indicating that BEREC, the Body of European Regulators for Electronic 
Communications,  would  assess  the  prevalence  of  practices  of  blocking  or  throttling  certain 
  BEREC  published  in  December  201199  a  set  of  Guidelines  and 
types  of  traffic. 
Recommendations indicating that there had been infringements of net neutrality. On the basis 
of  such  evidence  and  the  implementation  of  the  telecom  framework  provisions,  the 
Commission  will  decide,  as  a  matter  of  priority,  on  the  issue  of  additional  guidance  on  net 
neutrality. 

The Commission noted that transparency and ease of switching are key elements for consumers 
when choosing or changing internet service provider but they may not be adequate tools to deal 
with  generalised  restrictions  of  lawful  services  or  applications.  If  systemic  net  neutrality 
problems persist making it difficult for consumers to access and distribute content, services and 

96 Levies are payments due on recording equipment and blank recording media in some of the Member States that 
have introduced a statutory exception for private copying. According to Oxera (2011), around EUR 0.5 billion of 
private copying levies have been collected on digital devices and carriers in 2009 in the European Union. 
97 Mr. António Vitorino, former European Commissioner for Justice and Home Affairs. 
98 http://ec.europa.eu/information_society/policy/ecomm/doc/library/communications_reports/netneutrality/comm-
19042011.pdf.  
99 Guidelines on Transparency in the scope of Net Neutrality: Best practices and recommended approaches; 
http://berec.europa.eu/doc/berec/bor/bor11_67_transparencyguide.pdf.  

28

 
 
 
                                                 
applications of their choice via a single internet subscription, the Commission will assess the 
need for more stringent measures to achieve competition and the choice consumers deserve.  

Benefit  for  consumers:  the  measure  will  make  it  easier  for  consumers  to  compare  internet 
providers. 

b)  Universal service 

In  November  2011,  the  Commission  adopted  a  Communication100  on  universal  service  in  e-
communications,  reporting  on  the  outcome  of  the  public  consultation  in  2010  and  the  third 
periodic review of the scope of universal service. In addition it sets out some reflections on the 
measures  to  be  taken  by  the  Member  States  when  implementing  the  universal  service 
provisions. 

The  Commission  wants  to  ensure  that  the  universal  service  rules  play  their  proper  part  in 
bringing  the  benefits  of  the  digital  economy  to  people  in  Europe,  while  at  the  same  time 
ensuring that they do not act as a disincentive to private investment, place a disproportionate 
burden on the telecommunications sector or unduly distort the market. 

Benefit for consumers: universal service rules tackle the risk of social exclusion and designed 
to  act  as  a  safety  net  to  ensure  that  citizens  are  not  prevented  from  participating  in  society 
through a lack of affordable access to essential telecoms services. 

c)  Roaming 

In July 2011 the Commission proposed a new Roaming Regulation with a long-term solution to 
the continued high cost of using mobile phones and other mobile devices whilst travelling in 
the EU (roaming). The directly binding Regulation proposed should introduce for the first time 
structural  measures  to  boost  competition  by  allowing  customers  from  1  July  2014,  if  they  so 
wish, to sign up for a cheaper mobile roaming contract, separate from their contract for national 
mobile  services,  whilst  using  the  same  phone  number.  The  proposal  should  also  give  mobile 
operators (including so-called virtual mobile operators, who do not have their own network) the 
right to use other operators' networks in other Member States at regulated wholesale prices, and 
so encourage more operators to compete on the roaming market. 

To  cover  the  period  until  structural  measures  become  fully  effective  and  competition  drives 
retail  prices  down,  the  proposal  would  progressively  lower  current  retail  price  caps  on  voice 
and texting (SMS) services and introduce a new retail price cap for mobile data services. By 1 
July 2014, roaming consumers would pay no more than 24 cents per minute to make a call, a 
maximum 10 cents per minute to receive a call, maximum 10 cents to send a text message and 
maximum  50  cents  per  Megabyte  (MB)  to  download  data  or  browse  the  Internet  whilst 
travelling abroad (charged per Kilobyte used). 

Benefit  for  consumers:  the  measure  will  make  it  cheaper  for  consumers  to  use  their  phones 
not  only  for  voice  telephony  but  also  for  email,  internet  surfing  and  other  data  applications 
when they are roaming (travel outside the area of their telecom operator). 

100 
http://ec.europa.eu/information_society/policy/ecomm/doc/library/communications_reports/universal_service/com
m_us_en.pdf. 

29

 
 
 
 
                                                 
4.  Postal services 

In  the  area  of  postal  services,  during  the  reference  period  the  Commission  undertook  three 
sector studies: one focused on the main developments in the postal sector from 2008 to 2010101, 
another  on  identifying  the  methodology  for  determining  the  consumer  preferences  regarding 
postal  services102  and  a  third  on  cross-border  parcel  delivery  in  view  of  emerging  e-
commerce103.  

According to the findings of the studies there exist several barriers and causes of price disparity 
between cross-border and domestic postal and parcel delivery. The main ones concern the level 
of  information  and  knowledge  by  retailers,  the  level  of  competition  in  the  postal  markets, 
quality  of  service  and  product  characteristics  (e.g.  track  and  trace)  of  postal  operators, 
differences in VAT regimes within Europe, demographic and geographic characteristics (type 
of border, population density, distance, etc), interconnection agreements between operators and 
their operational costs.  

In  August  2010  the  Commission  established  the  European  Regulators  Group  for  Postal 
Services  (ERGP)  as  an  expert  advisory  platform  of  national  regulatory  authorities,  which 
should, through cooperation and coordination, facilitate the efficient and sound application of 
the  applicable  regulatory  framework.  Within  the  first  year  of  its  work  the  ERGP  focused  on 
pressing regulatory issues such as end user protection and evaluation of the effects of EU postal 
reform.104 

Benefit for consumers: with the objective of developing best regulatory principles, ERGP is a 
key element of the single postal market and a driving force in ensuring that European citizens 
have access to high quality, customer oriented postal services. 

5.  Sustainable consumption and resource efficiency 

a)  Resource-Efficiency Roadmap 

In September, the European Commission set out a 'roadmap'105 aimed at transforming Europe's 
economy into a sustainable one by 2050. The Roadmap to a resource-efficient Europe outlines 
how we can achieve the resource efficient growth which is essential for our future wellbeing 
and  prosperity.  Measures  set  out  aim  at  transforming  production  and  consumption,  with 
incentives  for  investors  to  promote  green  innovation,  and  a  greater  role  for  eco-design,  eco-
labelling,  and  greener  spending  by  public  bodies.  Governments  are  invited  to  shift  taxation 
away  from  labour  and  towards  pollution  and  waste  of  scarce  resources,  and  to  provide  fresh 
incentives  for  consumers  to  prefer  more  resource-efficient  products.  The  roadmap  also 
recommends adapting prices to reflect the real costs of resource use, especially on environment 
and health. 

101 http://ec.europa.eu/internal_market/post/doc/studies/2010-main-developments_en.pdf.  
102 http://ec.europa.eu/internal_market/post/doc/studies/2011-consumer-preferences-study_en.pdf.  
103 http://ec.europa.eu/internal_market/post/doc/studies/2011-parcel-delivery-study_en.pdf.  
104 http://ec.europa.eu/internal_market/ergp/meetings/index_en.htm#20101201.  
105 Available at http://ec.europa.eu/environment/resource_efficiency/index_en.htm.  

30

 
 
 
 
                                                 
In addition, a study has been carried out on "Policies to encourage sustainable consumption".106 
This  study  is  expected  to  serve  as  a  basis  to  develop  policies  aiming  to  favour  sustainable 
consumption in several consumption categories. 

Benefit for consumers: implementation of this roadmap should lead to wider consumer choice 
of more environmentally friendly and resource-efficient products and services. Consumers will 
also save costs by buying products that last longer, or that can be easily repaired or recycled. 
New  entrepreneurial  models,  where  products  are  leased  rather  than  bought,  will  satisfy 
consumer  needs  with  less  life-cycle  resource  use.The  roadmap  will  also  have  a  broader 
beneficial impact on consumer health. 

b)  Corporate social responsibility (CSR) 
The new EU CSR Strategy, adopted in October 2011107 with the Social Business Initiative108 
(SBI)  in  the  "Responsible  companies"  package,  puts  forward  a  modern  understanding  of  the 
concept  of  corporate  social  responsibility  and  aims  to  maximize  the  positive  impact  of 
enterprises on society and promote long term consumer trust. 

Benefit  for consumers: consumer attention to CSR-related  issues has grown in recent years, 
but  significant  barriers  remain,  such  as  insufficient  awareness,  the  need  sometimes  to  pay  a 
price  premium,  and  lack  of  easy  access  to  the  information  necessary  for  making  informed 
choices. Initiatives in this area are expected to ensure that consumers receive from businesses 
relevant, useful and credible information. 

c)  The Retail Forum for Sustainability 

The  European  Retail  Forum  for  Sustainability, a  joint  initiative  of  the  European  Commission 
and the retail sector, is a multi-stakeholder platform that was launched in 2009 with the aim of 
generating  a  better  understanding  of  the  practical  measures  needed  to  promote  sustainable 
consumption  in  the  retail  sector.  Retailers  are  in  a  good  position  to  support  sustainable 
consumption  –  they  can  influence  their  supply  chain's  environmental  performance  and 
stimulate changes in consumer behaviour through their day-to-day contact with consumers.By 
December 2011, 20 retailers and 7 retail associations have joined this voluntary initiative. 

The Retail Forum is part of the Retailers’ Environmental Action Programme (REAP)109, which 
also  includes  various  company-specific  environmental  commitments.  These  commitments  are 
relevant to further promote sustainable consumption, can be accessed in an online database on 
the Europa website and. are monitored via annual monitoring reports110. The latest monitoring 
report  describes  the  390  environmental  commitments  made  in  3  categories  (“what  we  sell”, 
“how we sell” and “communication”) by 2010 – 100 more than in 2009111. In the summer of 
2010,  retailers  presented  also  a  voluntary  environmental  Code  of  conduct112  for  the  sector  in 
the context of REAP aiming at promoting more sustainable consumption patterns. 

106 http://sc.eu-smr.eu/.  
107 http://ec.europa.eu/enterprise/policies/sustainable-business/corporate-social-responsibility/index_en.htm.  
108 http://ec.europa.eu/internal_market/social_business/docs/COM2011_682_en.pdf.  
109 http://ec.europa.eu/environment/industry/retail/reap.htm.  
110 http://ec.europa.eu/environment/industry/retail/reap/.  
111  IP/12/189    
112 http://ec.europa.eu/environment/industry/retail/event_2010/code_conduct.htm.  

31

 
 
 
 
 
                                                 
Benefit for consumers: this initiative should enable consumers to benefit from a wider choice 
of environmentally friendly products and services in retailers' shops.  

d)  The European Food Sustainable Consumption and Production Round 

Table (EFSCP) 

The European Food Sustainable Consumption and Production (EFSCP) Round Table, launched 
in 2009 and co-chaired by the Commission, associates representatives of farmers, traders, food 
industries  and  other  actors  of  the  food  chain.  It  aims  to  establish  an  agreed  methodology  to 
assess  the  environmental  impact  of  food  and  drink  products  along  the  whole  food  chain,  to 
identify  the  most  suitable  tools  to  provide  information  on  such  impacts  to  consumers  and  to 
promote a continuous environmental improvement along the food chain. In December 2011, at 
the  Plenary  Session,  the  EFSCP  Round  Table  adopted  a  Guidance  report  on  communicating 
environmental  performance  along  the  food  chain113  with  an  assessment  of  the  major 
communication  tools  and  channels  to  consumers  as  well  as  recommendations  on  how  to  use 
them. 

Benefit  for  consumers:    with  this  initiative,  consumers  should  benefit  from  environmental 
information  on  food  that  is  scientifically  reliable  and  consistent,  understandable  and  not 
misleading, in order to support informed choice. 

e)  Food waste 

In October 2010, the European Commission published a preparatory study on food wastage114 
in the European Union highlighting the causes, quantities, environmental impacts, and policy 
options to tackle the problem. Food waste represents an average loss of more than 500 euro per 
household  and  per  year.  The  study  will  serve  as  a  basis  to  develop  a  food  waste  reduction 
policy. 

Benefit  for  consumers:  the  action  is  expected  to  reduce  the  cost  of  food  waste  for  the 
consumer as well the negative environmental and social consequences related to it. 

f)  EU Ecolabel 

The European Ecolabel is a voluntary scheme to encourage businesses to market products and 
services that are kinder to the environment. Products and services awarded the Ecolabel carry 
the flower logo, allowing consumers to identify them easily. While the logo may be simple, the 
environmental criteria behind it are tough, and only the very best products, which are kindest to 
the environment, are entitled to carry the EU Ecolabel. Those criteria are agreed at European 
level,  following  wide  consultation  with  experts,  and  the  label  itself  is  only  awarded  after 
verification that the product meets these high environmental and performance standards. 

The  new  EU  Ecolabel  Regulation,  adopted  in  2010115  includes  various  changes  -  such  as 
simplification  of  procedures,  quicker  criteria  development  and  reduction  of  annual  fees  - 

113 http://www.food-scp.eu/files/ReportEnvComm_8Dec2011.pdf.  
114 http://ec.europa.eu/environment/eussd/pdf/bio_foodwaste_report.pdf.  
115 Regulation (EC) No 66/2010, OJ L 27, 30.1.2010, p. 1. 

32

 
 
 
 
 
                                                 
aiming at more Ecolabel product groups covered and many more EU Ecolabel products on the 
shelves. As provided in Article 6.5 of the new Regulation and before developing EU Ecolabel 
criteria  for  food  and  feed  products,  the  Commission  undertook  also  a  study  exploring  the 
feasibility of establishing reliable criteria. The results of this feasibility study were published in 
October 2011116. The EU Ecolabel board supported the findings of this study and put emphasis 
on several barriers to the extension of the EU Ecolabel to food and drinks.117 Therefore, for the 
immediate  future,  the  EU  Ecolabel  board  did  not  support  the  development  of  EU  Ecolabel 
criteria on food, drink and feed. 

Benefit  for  consumers:  the  EU  Ecolabel  provides  information  to  consumers  by  identifying 
services and products that are manufactured according to stricter environmental specifications 
and higher performance standards, agreed at EU wide level. 

g)  Social impact labelling and certification 

Consumers are getting increasingly cautious and/or concerned about the social impact of their 
choices.  They  want  to  be  able  to  identify  the  products  and  services  which  have  the  highest 
social impact. Labelling and certification are tools that could potentially be used to meet these 
challenges. This is why the Social Business Initiative launched in October 2010118 proposes to 
identify  best  practices  and  replicable  models  by  developing  a  comprehensive  map  of  social 
enterprises in Europe, especially in identifying the existing labelling systems and certifications 
of social enterprises processes, or product and services available to consumers. It also aims at 
creating a public database of labels and certifications applicable to social enterprises in Europe 
to improve visibility and comparison for the consumer. 

Benefit  for  consumers:  consumers  should  obtain  a  better  idea  of  the  products  and  services 
which follow stricter social impact criteria. 

6.  Energy 

a)  Electricity and gas markets liberalisation 

Recent legislation, commonly known as the Third Energy Package119 came into force in 2010 
and  Member  States  were  expected  to  implement  its  provisions  in  2011.  This  new  legislation 
has a clear consumer focus120 121.   

In the context of the Belgian EU Presidency, the Commission published in November 2010 a 
Staff  Working  Document  "An  energy  policy  for  consumers"  122  that  identified  a  number  of 
current and future issues linked to the area of the internal market for energy and consumers. 

116 http://ec.europa.eu/environment/ecolabel/about_ecolabel/ecolabel_and_food_en.htm.  
117 In an opinion adopted on 8 March 2012; 
http://ec.europa.eu/environment/ecolabel/documents/EUEB_position_on_food_final.doc.  
118 http://ec.europa.eu/internal_market/social_business/index_en.htm.  
119 Detailed references to adopted legislation here: 
http://ec.europa.eu/energy/gas_electricity/legislation/legislation_en.htm  
120 Specific legislation references here: http://ec.europa.eu/energy/gas_electricity/consumer/consumer_en.htm  
121 More on consumer issues in energy here: http://ec.europa.eu/consumers/citizen/my_rights/energy_en.htm  
122 The document is available here: 
http://ec.europa.eu/energy/gas_electricity/doc/forum_citizen_energy/sec(2010)1407.pdf  

33

 
 
 
 
                                                 
The 2011 Spring Council undertook the political commitment to take measures to complete the 
internal energy market, including consumer-related issues, by 2014. 

Benefit for consumers:  the 3rd Energy Package puts forward inter alia important provisions 
for household consumers123. For example, a maximum period of three months for the treatment 
of a dispute for out-of-court resolution is specified; the maximum length of supplier switching 
is  three  weeks;  EU  Member  States  are  asked  to  establish  independent  Alternative  Dispute 
Resolution bodies in the area of energy and a single point of contact to provide consumers with 
all necessary information concerning their rights.  In addition, they are asked to give additional 
competences  to  energy  regulatory  authorities  to  deal  with  consumer  issues,  and  to  impose 
electricity and gas providers' obligations in terms of transparency of the bill, contracting, and 
information and complaints handling in order to further protect consumers.  EU Member States 
are also specifically asked to define 'vulnerable customers' and to ensure adequate safeguards to 
protect them. 

b)  The Citizens' Energy Forum 

In  parallel  to  legislation,  the  Commission  established  the  Citizens'  Energy  Forum124.  This 
annual  event  is  a  process  for  the  closer  monitoring  of  the  functioning  of  electricity  and  gas 
markets,  the  implementation  of  relevant  legislation  and  where  consumer  representatives  give 
evidence  of  how  markets  are  performing  for  consumers.  The  Commission  finances  the 
participation  of  consumer  experts  through  its  European  Consumer  Consultative  Group  sub-
group on Energy. 

Benefit  for  consumers:    the  Citizens'  Energy  Forum  provides  a  'reality  check'  to  assess  the 
progress of retail energy markets deregulation and the outcomes of this process on consumers. 
The Forum has tasked the Commission to run ad hoc working groups with the participation of 
regulators,  consumers,  industry  with  focus  on  areas that are  important for  consumers such as 
billing,  alternative  dispute  resolution  in  energy,  vulnerable  consumers,  and  transparency  of 
prices and offers 125.  

c)  Smart meters and smart grids 

Within the above mentioned Third Package, a target for smart meters to be rolled out covering 
80%  of  the  EU  territory  by  2020  following  positive  impact  assessments  at  the  national  level 
exists. To better coordinate this important challenge the Commission established a Task Force 
for  Smart  Meters  and  Smart  Grids  with  the  participation  of  regulators,  consumer  experts  and 
industry.  The  Task  Force  will  continue  in  2012  with  focus  on  smart  grids.  Already  a  first 
outcome  of  this  work  has  been  presented  in  the  2011  Commission  Communication  "Smart 
Grids: from innovation to deployment"126. 
Benefit for consumers:  the Communication contains guidelines for Member States that cover 
inter alia issues very close to the interests of consumers such as meter functionalities and their 

123 Specific references here: http://ec.europa.eu/energy/gas_electricity/consumer/consumer_en.htm  
124 Detailed information about the Forum at: 
http://ec.europa.eu/energy/gas_electricity/forum_citizen_energy_en.htm  
125 More on Energy and Consumers: http://ec.europa.eu/consumers/citizen/my_rights/energy_en.htm  
126  COM (2011) 202 final, the document is available here: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52011DC0202:EN:HTML:NOT 

34

 
 
 
 
 
 
 
                                                 
standardisation, data protection and privacy and roles and responsibilities linked to the roll out 
of smart meters. The  Communication  also  proposes to  Member  States a methodology for the 
cost benefit analysis that needs to take place prior to the decision for the roll out of the smart 
meters. 

d)  Energy efficiency and energy labelling 

In March 2011 the Commission adopted a new European Energy Efficiency Plan127. The set of 
actions  proposed  aims  at  creating  substantial  benefits  for  consumers,  businesses  and  public 
authorities:  it  should  generate  financial  savings  of  up  to  €1000  per  household  every  year.  It 
should improve the EU's industrial competitiveness with a potential for the creation of up to 2 
million jobs. In June 2011 the Commission proposed a new Energy Efficiency Directive128 to 
step up Member States efforts to use energy more efficiently at all stages of the energy chain – 
from the transformation of energy and its distribution to its final consumption. 

Closely  linked  to  energy  efficiency  is  new  EU  legislation129  on  labelling  of  household 
appliances  such  as  refrigerators,  washing  machines  and  televisions  –  and  especially  the  new 
obligation for this labelling to appear in the online sales channel.130 

Benefit for consumers: 

(cid:131)  efficiency:  the  new  instrument  should  result  in  major  energy  savings  for  consumers:  
easy and free-of-charge access to data on real-time and historical energy consumption 
through  more  accurate  individual  metering  should  empower  consumers  to  better 
manage their energy consumption. Billing should be based on the actual consumption 
well reflecting data from the metering.  

(cid:131) 

labelling:  under  the  new  provisions  labels  include  additional  information,  beyond 
energy consumption, such as noise levels, water use and storage volume depending on 
the appliance in question.  

7.  Tourism - Virtual Tourism Observatory 

In  December  2011,  the  Commission  awarded131  a  feasibility  study  for  the  setting  up  of  a 
Virtual Tourism Observatory (VTO). This is one of the actions foreseen in the Communication 
on a new political framework for Tourism in Europe.132 The VTO should aims at consolidating 
the  socio-economic  knowledge  base  for  tourism.  By  systematically  collecting  and  analysing 
relevant  data  on  tourism  trends,  providing  recommendations  for  policy  actions  based  on 
research and best practices. 

127 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0109:FIN:EN:PDF.  
128  http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0370:FIN:EN:PDF.  
129 Directive 2010/30/EU on the indication by labelling and standard product information of the consumption of 
energy and other resources by energy-related products; available from: http://eur-
lex.europa.eu/Notice.do?checktexts=checkbox&val=517716%3Acs&pos=1&page=1&lang=en&pgs=10&nbl=1&l
ist=517716%3Acs%2C&hwords=&action=GO&visu=%23texte  
130 General information on energy labelling here: http://ec.europa.eu/energy/efficiency/labelling/labelling_en.htm  
131 http://ted.europa.eu/udl?uri=TED:NOTICE:389973-2011:TEXT:EN:HTML.   
132 COM(2010)352, 30.06.2010. 

35

 
 
 
 
                                                 
Benefit for consumers: by making available to consumers general information on tourism, the 
VTO is expected to improve the offer of tourism services and products to consumers in terms 
of wider choices, better comparability, quality, accessibility, sustainability and prices. 

8.  Transport 

In the course of 2010 and 2011 the Commission has taken steps to improve policy coordination 
among EU Member States in the area of transport. The Commission has notably continued its 
work  in  the  framework  of  the  Action  Plan  on  Urban  Mobility  (APUM)133.    For  instance,  in 
order to improve access to urban transport for persons with reduced mobility, the Commission 
adopted in November 2010 the new EU Disability Strategy 2010 - 2020. Accessibility is one of 
the 8 areas of action covered in the strategy134. 

Benefit  for  consumers:  the  Action  Plan  aims  at  improving  mobility  for  citizens  in  urban 
centres  by  focusing  on  better  public  transport  and  traffic  management,  promoting  healthier 
lifestyles and thus making city centres more accessible for pedestrians and safer for cyclists.  

133 More on this: http://ec.europa.eu/transport/urban/urban_mobility/action_plan_en.htm  
134 COM(2010)636; at http://ec.europa.eu/news/justice/101115_en.htm. 

36

 
 
 
 
 
 
 
                                                 
ANNEX: Market performance indicator (MPI)135 

The Market Performance Indicator (MPI) is a composite index based on the results of survey 
questions on the four key aspects of consumer experience: 

1) the ease of comparing goods or services, 
2) consumers’ trust in retailers/suppliers to comply with consumer protection rules, 
3) the experience of problems and the degree to which they have led to complaints, 
4) consumer satisfaction (the extent to which the market lives up to what consumers expect). 

The four components of the index are equally weighted. The MPI ranks 51 consumer markets 
at  EU  level  according  to  the  consumers’  assessments.  It  signals  how  consumers  perceive 
market performance, without providing a full assessment of the actual functioning of markets. 
Overall, the MPI was better in 2011 than in 2010, with nearly all markets showing progress in 
absolute results (although the markets for vehicle fuels and electricity registered a decline). 

Normalised MPI EU27 level with sub-groups   

Personal Care Services
Cultural & Entertainment Services
Sport And Leisure Services
Holiday Accommodations
Cafes, Bars And Restaurants
Airline Services
Packaged Holidays & Tours
Vehicle Rental Services
Vehicle Insurances
Gambling And Lottery Services 
Postal Services
Home Insurances 
Tram, Local Bus & Metro Services
Water Provision
Legal And Accountancy Services
Gas Services
Vehicle Upkeep & Repair Services
Fixed Telephone Services
House & Garden Upkeep Services
Life Insurances
Loans And Credit Cards
Current Bank Accounts
Mobile Telephone Services
Internet Provision
Electricity Services
Train Services
TV Provision
Mortgages
Real Estate Services
Investments, Pensions, Securities

Books, Magazines And Newspapers
Non-Alcoholic Beverages
Glasses And Lenses
Dairy Products
Bread, Cereals, Rice And Pasta
Leisure Goods
Small Household Appliances
Personal Care Products
Alcoholic Beverages
Large Household Appliances
Other Electronic Products
Non Prescription Medicines
Furniture And Furnishings
House & Garden Upkeep Products
Fruit And Vegetables
ICT Products
New Cars
Meat And Meat Products
Clothing And  Footwear
Fuels
Second Hand Cars

S
E
R
V
I
C
E
S

P
R
O
D
U
C
T
S

50,0

108,1
107,0
105,6
104,8
104,3
104,2
103,4
102,7
102,7
102,4
102,2
101,5
101,4
99,3
99,3
99,2
99,2
99,1
98,5
98,1
98,0
96,9
96,6
96,1
95,7
95,2
95,2
94,9
94,5
93,7

104,3
102,8
102,4
102,3
102,3
101,5
101,5
101,5
101,0
101,0
100,6
100,2
99,9
99,8
99,0
98,6
98,6
98,4
97,4
95,0

91,8

diff
1,2
0,4
1,0
0,8
2,0
1,4
1,4
0,5
1,1
0,8
-0,2
0,8
0,1
-0,9

0,5
0,3
1,3
0,5

0,2
0,1
1,1
-2,0
-0,7

1,3
3,2

-1,0
0,3

-0,4
1,7
0,0
-0,2
-1,1
-0,1
-0,3
0,1
0,1
1,0
-0,6
-0,3
-0,2
-0,2
0,0
-2,8
-0,7

2011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

2010
1
2
3
4
9
7
11
10
13
12
8
15
14
16

19
18
22
21

24
25
28
23
27

29
30

1
3

2
11
6
5
4
7
8
9
12
15
13
14
16
17
19
18
20

135 The Consumer Markets Scoreboard, Making Markets Work for Consumers, 6th edition – October 2011 
http://ec.europa.eu/consumers/consumer_research/editions/docs/6th_edition_scoreboard_en.pdf. at p. 7-8. 

37