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, economic growth, food safety, principle of legal certainty, single market

EUROPEAN COMMISSION 

Brussels, 22.5.2012  
COM(2012) 225 final 

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 

{SWD(2012) 132 final} 

EN 

   EN 

 
 
 
 
  
 
 
 
1. Consumer policy as an essential contribution to Europe 2020 

Consumer expenditure accounts for 56 % of EU GDP and is essential to meeting the Europe 
2020 objective of smart, inclusive and sustainable growth. Stimulating this demand can play a 
major role in bringing the EU out of the crisis. 

To  make  this  possible,  the  potential  of  the  Single  Market  must  be  realised.  Data  show  that 
consumers shopping online across the EU have up to 16 times more products from which to 
choose, but 60 % of consumers do not yet use this retail channel. As a result of this reluctance, 
they  do  not  fully  benefit  from  the  variety  of  choice  and  price  differences  available  in  the 
Single  Market.  Improving  consumer  confidence  in  cross-border  shopping  online  by  taking 
appropriate  policy  action  could  provide  a  major  boost  to  economic  growth  in  Europe. 
Empowered and confident consumers can drive forward the European economy. 

Well  designed  and  implemented  consumer  policies  with  a  European  dimension  can  enable 
consumers  to  make  informed  choices  that  reward  competition,  and  support  the  goal  of 
sustainable and resource-efficient growth, whilst taking account of the needs of all consumers. 

This  European  Consumer  Agenda  identifies  the  key  measures  needed  now  to  empower 
consumers and boost their trust. It sets out measures to put consumers at the heart of all EU 
policies  as  means  to  achieve  the  Europe  2020  goals.1  It  builds  on  and  complements  other 
initiatives, such as the EU Citizenship Report, the Single Market Act, the Digital Agenda for 
Europe, the E-commerce Communication and the Resource Efficiency Roadmap.2 In the field 
of  research  and  innovation,  it  draws  on  initiatives  under  Horizon  2020  to  deepen  scientific 
understanding of consumer behaviour and the health, safety and sustainability aspects of the 
choices they face.3 

Empowering  consumers  means  providing  a  robust  framework  of  principles  and  tools  that 
enable them to drive a smart, sustainable and inclusive economy. Empowered consumers who 
can rely on a robust framework ensuring their safety, information, education, rights, means of 
redress and enforcement, can actively participate in the market and make it work for them by 
exercising their power of choice and by having their rights properly enforced. 

In line with the Treaty (Article 12 TFEU) and the Charter of Fundamental Rights (Article 38), 
the Agenda develops a systematic approach to integrating consumer interests into all relevant 
policies and puts a special emphasis on tackling problems faced by today’s consumers in the 
food chain, energy, transport, digital and financial services sectors.4 It builds on the high level 
of consumer protection already achieved and the progress made in creating a European Area 
of Justice5 by enhancing the role that judges, legal practitioners and enforcement authorities 
can play, including across borders.   

1  ‘Confident consumers create thriving markets. Building on this autumn’s work, the next work programme will 
announce  measures  to  strengthen  consumer  rights,  including  in  electronic  and  cross-border  transactions  and 
effectively  address  health  and  safety-related  matters,  thus  improving  citizens’  security,  while  underpinning 
demand in the Single Market.’ See letter of President Barroso to President Buzek, September 2011. 

2  EU Citizenship Report COM(2010) 603 final; Single Market Act COM(2011) 206 final; A Digital Agenda for 
Europe  COM(2010)  245  final/2;  E-commerce  Communication  COM(2011)  942;  Roadmap  to  a  Resource 
Efficient Europe COM(2011) 571 final. 

3 Proposal for a Regulation establishing the EU framework programme for research and innovation (COM(2011) 

809 final). 

4  These  sectors  were  identified  as  some  of  the  most  problematic  for  consumers,  according  to  the  Consumer 

Markets Scoreboard. 

5  See ‘Delivering an area of freedom, security and justice for Europe’s citizens — Action Plan Implementing the 

Stockholm Programme’ COM(2010) 171. 

EN 

   EN 

 
 
                                                 
2. Building on strong EU consumer protection rules 

Over the past 50 years, the European Union has put in place a robust set of policies and rules 
to provide a high level of protection for EU consumers and to enable them to benefit from the 
social and economic progress Europe and its internal market have achieved. This includes an 
overarching  product  safety  policy  and  legislation  which  prevents  unsafe  products  reaching 
consumers, and promotes the high quality of European exports. Strong consumer law sets an 
EU-wide  framework  to  combat  unfair  commercial  practice,  unfair  contract  terms  and 
misleading  advertising,  both  in  domestic  and  cross-border  situations,  whilst  securing 
consumers’ right to withdraw from contracts and seek adequate redress. The recently adopted 
Consumer  Rights  Directive  has  substantially  strengthened  consumer  rights,  in  particular  by 
harmonising  a  number  of  rules  applicable  to  online  contracts.  Timely  and  efficient 
implementation  and  enforcement  of  these  new  rules  is  essential.  The  Services  Directive 
ensures  that  consumers  cannot  be  discriminated  against  by  traders  on  mere  grounds  of 
nationality or residence. Competition rules are crucial in allowing the EU to crack down on 
abuses of dominant position, cartels and concerted practices to the detriment of consumers. In 
individual sectors of particular interest to consumers, the EU has also developed a wide range 
of key rights. For example, EU passenger rights now entitle travellers to quality air, rail, road 
and  maritime  travel  services  when  moving  within  the  EU.  The  EU’s  roaming  caps  have 
brought down unfair costs for consumers by more than 70 % and the telecom package enables 
consumers to switch fixed or mobile phone operators easily. Legislation on the provision of 
food  information  to  consumers  and  the  regulation  of  nutrition  and  health  claims  made  in 
relation to food provide a high level of consumer protection and enable consumers to make 
informed choices. 
Recent initiatives include the ‘Quality Package’,6 adopted by the Commission in 2010, which 
aims to improve information for consumers on food quality through a comprehensive policy 
on certification schemes, value-adding terms, and standards for agricultural products. In July 
2011  a  revised  Roaming  Regulation7  was  tabled,  to  allow  consumers  to  easily  switch  to  an 
alternative  provider  for  roaming  services.  It  also  introduces  a  new  retail  price  cap  for  data 
roaming  alongside  those  already  in  place.  In  October  2011,  the  Commission  proposed  a 
Common European Sales Law8 to overcome barriers resulting from divergent contract laws: a 
single  and  comprehensive  set  of  rules  for  sales  contracts  as  well  as  for  contracts  governing 
digital content, which businesses and consumers can voluntarily choose to apply. By using it, 
consumers  would  benefit  from  greater  certainty  about  their  rights,  for  example,  when 
purchasing on the internet. They would also be able to access a wider range of products and 
digital  content  at  lower  prices  across  borders.  Proposals  were  tabled  in  November  2011  on 
Alternative  Dispute  Resolution  (ADR)  and  Online  Dispute  Resolution  (ODR)9  to  make 
available to all consumers this quicker and inexpensive way to resolve disputes with traders. 
The  dedicated  European  platform  for  online  dispute  resolution  would  aim  to  improve 
consumer  confidence  in  cross-border  e-commerce.  The  proposed  Data  Protection  Reform 

6  Proposal  for  a  Regulation  on  agricultural  product  quality  schemes  (COM(2010)  733  final),  Proposal  for  a 
Regulation establishing marketing standards (COM(2010) 738 final) guidelines on certification schemes and 
on food labelling.  

7 Proposal for a Regulation on roaming on public mobile communications networks within the Union 

(COM(2011) 402 final). 

8 Proposal for a Regulation on a Common European Sales Law (COM(2011) 635 final). 
9 Proposal for a Directive on consumer ADR (COM(2011) 793/2), Proposal for a Regulation on consumer ODR 

(C(2011) 794/2). 

EN 

   EN 

 
 
                                                 
package10  adopted  by  the  Commission  in  January  2012  will  reinforce  the  current  EU  data 
protection framework by strengthening consumers’ data protection rights in order to increase 
their trust in the Digital Single Market and in cross-border services. 

The  subsequent  review  of  the  Directive  on  Deposit  Guarantee  Schemes  in  July  2010 
strengthened  the  funding  of  Deposit  Guarantee  Schemes  and  introduced  several  consumer-
friendly provisions. In July 2010, the Commission also proposed a review of the Directive on 
Investor Compensation Schemes with the aim of strengthening last resort protection offered to 
investors when, often due to fraud, providers are unable to return assets to them. 

Last but not least, the Commission proposals to review the Markets in financial instruments 
Directive,  from  October  2011,  provides  protection  to  consumers-investors  by  imposing 
requirements on financial institutions and strengthening conduct of business rules. 

3. Current problems and future challenges 

Despite the high level of consumer protection already achieved in the EU, the situation on the 
ground for EU consumers can still be improved. A number of new challenges have emerged, 
in  particular  as  a  result  of  new  developments  in  technology,  unsustainable  patterns  of 
consumption or social exclusion. These challenges also create new opportunities. 

3.1 

Challenges regarding product, service and food safety 

Ensuring that products, services and food are safe is a basic objective of any consumer policy. 
But there are differences between Member States in enforcing product safety legislation and, 
at  a  time  when  national  administrations  responsible  for  market  surveillance  face  resource 
constraints, the whole enforcement network is struggling to do more with less. 

At the same time, globalisation of the production chain continues (for example, an increasing 
proportion  of  consumer  products,  including  85 % of all toys  bought in the  European Union, 
are  now  produced  in  China).  This  makes  the  detection  of  unsafe  products  a  significant 
challenge. 

The economic crisis means that consumers and businesses focus predominantly on price, with 
the risk that safety considerations lose importance and the space for counterfeiting products 
increases.  Market  surveillance  authorities  must  maintain  vigilant  and  renewed  efforts  are 
required,  through  the  cooperation  of  national  authorities  and  of  law  enforcement  agencies, 
inside and outside the EU. 

With the increased importance of consumer services, and a growing cross-border take-up of 
some of these services in the Single Market, the question of their safety must be addressed in 
greater  depth  to  ensure  that  consumers  enjoy  the  same,  high  level  of  safety  throughout  the 
internal market and to assess the added value of action at EU level. 

Europe has already achieved an impressive record on food safety but this policy area needs 
constant adjustment as new scientific evidence comes to light. 

10 Proposal for a Regulation on the protection of individuals with regard to the processing of personal data and 
on  the  free  movement  of  such  data  (COM(2012)  11  final),  Proposal  for  a  Directive  on  the  protection  of 
individuals  with  regard  to  the  processing  of  personal  data  by  competent  authorities  for  the  purposes  of 
prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, 
and the free movement of such data (COM(2012) 10 final). 

EN 

   EN 

 
 
                                                 
3.2 

Economic and societal change 

•  The digital revolution 

The  internet  has  fundamentally  changed  the  way  consumers  shop  and  businesses  advertise 
and  sell  their  goods  and  services.  It  has  created  innovative  ways  of  organising,  accessing, 
sharing  and  evaluating  information,  for  example  on  prices,  technical  product  characteristics 
and  quality  reviews.  Search  engines,  price  and  product  comparison  websites,  online  trust 
marks  and  consumer  reviews  are  now  widely  used  tools  and  are  becoming  embedded  in 
consumer behaviour and business models. E-commerce can deliver considerable welfare gains 
since  consumers  have  at  least  twice  the  choice  when  shopping  online  rather  than  offline. 
Cloud  computing  in  particular  can  offer  more  flexible  services  that  are  device  or  platform 
independent. It has been calculated that, if e-commerce in goods reaches 15 % of retail sales 
and all Single Market barriers are removed, the overall gain for consumers would be around 
EUR 204 billion (1.7 % of EU GDP).11 

•  Sustainable consumption 

Rising  consumption  around  the  globe  has  increased  pressure  on  the  environment,  including 
climate change, and created greater competition for resources.12 Increasingly, consumers are 
aware  of  the  environmental  impacts  of  their  consumption  patterns,  and  they  should  be 
encouraged  and  supported  by  private  and  public  initiatives  to  adopt  more  sustainable 
consumption behaviour. Consumers should be empowered, assisted and encouraged to make 
sustainable and healthy choices which will lead to cost savings for themselves and for society 
as a whole. Consumers have the right to know the environmental impacts throughout the life-
cycle of the products (goods and services) they intend to buy. Consumers should be supported 
in  easily  identifying  the  truly  sustainable  choice.  Effective  tools  are  needed  to  protect  them 
against misleading and unfounded environmental and health claims. 

Consumer  demand  for  sustainable  products  can  drive  growth  and  competition,  thereby 
increasing  the  availability  and  affordability  of  such  products  and  rewarding  businesses  that 
provide quality goods and services with lower environmental footprints. 

•  Social exclusion, vulnerable consumers and accessibility 

Wherever  the  economic  and  sovereign  debt  crisis  has  struck,  it  has  dented  consumer 
confidence  and,  for  some  consumers,  led  to  a  very  significant  fall  in  income  or  purchasing 
power,  thus  increasing  the  risk  of  social  exclusion  and  the  risk  that  citizens  are  unable  to 
afford essential goods and services. 

These  risks  are  heightened  by  the  fact  that  our  population  is  ageing,  markets  are  becoming 
increasingly  complex  and  some  people  may  neither  have  the  opportunity  nor  the  ability  to 
master the digital environment. The question of accessibility is key to reaping the benefits of 
digital  change  in  the  physical,  digital  and  economic  senses.  The  current  context  may  also 
exacerbate  the  disadvantaged  situation  of  vulnerable  consumers,  such  as  people  with 
disabilities  or  with  reduced  mobility,  who  face  difficulties  in  accessing  and  understanding 
information and in finding appropriate products and services on the market. 

11  Commission  Staff  Working  Paper  ‘Bringing  e-commerce  benefits  to  consumers’,  Annex  2  to  the  2012  E-

commerce Communication. 

12 Resource Efficiency Roadmap, COM(2011) 571. 

EN 

   EN 

 
 
                                                 
3.3 

Information overload — knowledge deficit 

In today’s fast changing world, consumers are often overloaded with information but they do 
not necessarily always have the information they need. 

Faced  with  increasingly  complex  information  and  choices,  consumers  more  and  more  often 
rely on labels or turn to intermediaries and filters such as comparison websites. There is cause 
for some concern as to their reliability and accuracy, however. 

Consumer  organisations  play  an  essential  role  in  improving  consumer  information  and 
knowledge, but their situation varies enormously between Member States. Those operating at 
national level, in particular, often lack resources and expertise, and their role in channelling 
and filtering consumer concerns is not always properly recognised. 
The Empowerment Survey published in 201113 showed that one in four European consumers 
does  not  feel  confident  and  more  than  one  in  three  does  not  feel  knowledgeable.  Only  2 % 
could correctly answer questions on their rights of withdrawal, guarantees and protection from 
unfair commercial practices. This lack of awareness undermines the ability of consumers to 
uphold their rights. 

3.4 

Rights not fully respected in practice 

In 2010, more than one in five Europeans encountered a problem with a product or service for 
which  they  thought  they  had  cause  for  complaint.  It  was  estimated  that  the  total  detriment 
European consumers incurred from problems amounted to about 0.4 % of EU GDP.14 

Despite a generally high level of consumer protection guaranteed by EU legislation, problems 
encountered by consumers are still too often left unresolved. The 2011 retailer Eurobarometer 
survey found that only 26 % of retailers know the exact period during which consumers have 
the right to return a defective product. 

Many problems consumers face with traders are not remedied, simply because the consumer 
does not take action. The Consumer Empowerment survey showed that, of those consumers 
who experienced problems, only 16 % contacted consumer organisations or public authorities 
to resolve them. In most cases, consumers do not consider going to court if an initial contact 
with the trader has proved unsuccessful, in particular if the sums involved are small. 

Moreover, enforcement authorities face new practical challenges such as resource constraints, 
which  hamper  their  effectiveness,15  especially  in  cross-border  situations.  The  Consumer 
Protection  Cooperation  (CPC)  network  set  up  in  December  2006  to  address  the  problems 
posed by cross-border shopping has still to reach its full potential. 

Redress and enforcement mechanisms need to be further improved. Increasing confidence and 
ensuring  that  unfair  trading  practices  do  not  bring  a  competitive  advantage  will  also  have  a 
positive impact in terms of stimulating growth. 

3.5 

Specific challenges in key sectors 

Some  sectors  are  of  particular  importance  in  times  of  economic  crisis  since  they  affect  the 
basic  interests  of  all  consumers  in  essential  goods  and  services,  such  as  food,  energy, 
transport,  electronic  communications  and  financial  services.  Account  needs  to  be  taken  of 
how the economic and societal changes mentioned above impact on these sectors. 

13 Consumer Empowerment survey; Eurobarometer No 342; 2010. 
14 Idem.  
15 COM(2009) 330 final. 

EN 

   EN 

 
 
                                                 
The EU needs to pay close attention to the way consumers understand and choose financial 
services  today.  Whilst  technology  such  as  home  banking  makes  life  easier  for  many 
consumers,  the  increased  complexity  and  risks  of  some  financial  products  and  services 
(including pensions) demands a higher  level  of  transparency  and financial  literacy. Fees for 
basic  financial  services  are  generally  still  opaque  and  consumers  are  still  discouraged  from 
switching banks because of their (often justified) fear that it will be burdensome. 

Too often consumers fail to reap the full benefits of the liberalisation of network industries, 
such as energy, transport and electronic communications, in terms not only of prices but also 
of quality of service levels. 

In particular, liberalisation of the transport sector has increased competition to the benefit of 
the  rising  number  of  travelling  citizens  across  Europe.  But  better  enforcement  of  EU 
passenger  rights  legislation  is  needed  to  combat  unfair  practices  and  violations  of  EU  law. 
The decisive way in which the digital revolution has impacted the travel sector means that it is 
important to make consumer rights better fit for purpose. 

The electricity and gas retail markets were recently liberalised, but many consumers still find 
comparisons difficult due to complicated procedures and/or opaque market conditions.16 

With  regard  to energy  saving, it has been calculated that,  on average, EU households could 
save up to EUR 1 000 per year by taking simple energy efficiency measures, such as insulating 
homes, installing thermostats and solar panels to heat water, double glazing for windows and 
replacing  old  heating  systems.17  Therefore  households  have  significant  potential  for  cost-
effective  energy  efficiency  improvement  and  savings  in  final  energy  consumption.  This 
potential  is  far  from  being  fully  exploited,  mainly  due  to  the  lack  of  knowledge  among 
consumers  about  their  own  actual  consumption,  and  the  lack  of  clear  and  easy-to-access 
metering and billing information. 

Although  the  markets  in  electronic  communications  have  proved  to  be  resilient  to  the 
economic crisis, consumers are not taking full advantage of competition,  due  to insufficient 
transparency of tariffs, low quality of services and obstacles to switching. 

Overall environmental pressure from food consumption is expected to further increase in the 
future due, for example, to changing dietary patterns and increased food waste. Food waste in 
Europe is expected to rise in the coming years,18 but wasting food means wasting resources 
and money. 

4. Four key 2020 objectives and first steps to achieve them 

The challenges described above warrant a long-term strategy as well as a mix of short-term 
measures  addressing  key  citizens’  concerns,  to  boost  trust  and  growth  and  to  support  the 
Europe 2020 Strategy. The actions set out in the following sections will of course be subject 
to  the  scrutiny  of  smart  regulation  and  the  Commission’s  overall  policy  prioritisation  — 
including  ensuring  that  any  burdens  for  small  and  medium-sized  companies  are  rigorously 
analysed. 

16  See  more  in  the  study  ‘The  functioning  of  the  retail  electricity  markets  for  consumers  in  the  EU’ 
http://ec.europa.eu/consumers/consumer_research/market_studies/docs/retail_electricity_full_study_en.pdf . 

17 Communication from the Commission ‘Energy efficiency: delivering the 20 % target’. 
18 In the EU, the total amount of food waste is about 90 million tonnes or 180 kg per capita per year, and these 
figures are expected to rise by 40 % by 2020. See the EU-funded ‘Preparatory study on food waste across EU 
27’, BIO IS December 2009 — October 2010. 

EN 

   EN 

 
 
                                                 
4. 1. IMPROVING CONSUMER SAFETY 

Ensuring that products, services and food are safe is a basic objective of consumer policy. 

The aim of an effective product safety policy is to create a seamless safety net from the farm 
or the factory to the front door. By improving its product safety governance system, the EU 
will be better able to tackle the challenges of global supply chains, communicate effectively 
and address newly emerging product safety risks more quickly and effectively. 

As  consumers  more  frequently  use  services  across  borders,  the  question  of  whether  their 
safety  should  be  addressed  at  EU  level  or  through  national  level  regulations  merits  further 
examination. 

The EU system of official controls along the food chain should be made even more efficient. 
This  will  allow  the  Member  States,  responsible  for  performing  such  controls,  to  maximise 
added value, while minimising burdens for operators. 

To  meet  the  goal  of  strengthening  consumer  safety,  the  Commission  will  work  towards  the 
following two specific objectives: 

(cid:190)  1. improving the regulatory framework on product and service safety and enhancing 

the market surveillance framework; 

(cid:190)  2. reinforcing safety in the food chain. 

A number of concrete steps will be taken before 2014 to achieve these specific objectives. 

The  revision  of  the  legislative  framework  on  product  safety  scheduled  for  2012  seeks  to 
ensure  that  the  EU  and  its  500  million  consumers  can  count  on  modern,  unified  rules  on 
market  surveillance,  leading  to  better  domestic  and  cross-border  enforcement  thanks  to 
improved  planning,  cooperation,  prioritisation  and  information  sharing  between  Member 
State  authorities.  Businesses  will  benefit  too,  as they  will  be  able  to  count  on  rules  that  are 
easier  to  apply  and  have  lower  compliance  costs.  The  revised  framework  will  also  seek  to 
identify ways to strengthen cooperation among national enforcement authorities at EU level 
creating a level playing field and countering unfair competition. 

Outreach  actions  will  be  carried  out,  especially  in  countries  exporting  to  the  EU,  to  raise 
awareness of safety and knowledge of EU regulations throughout the supply chain. 

The  Commission  will  consider  taking  initiatives  on  services  safety  in  selected  sectors, 
including  those  important  for  some  categories  of  vulnerable  consumers.  A  Green  Paper  on 
the  safety  of  certain  consumer  services  will  be  discussed  in  2012  and  a  revised 
recommendation on hotel fire safety will be put on the agenda in 2013 to take account of the 
new approach to risk assessment and management proposed by the industry. 

The Regulation on Official Controls along the Food Chain will be reviewed in 2012 with a 
view  to  simplifying  it  and  ensuring  that  sufficient  and  sustainable  funding  is  available  to 
conduct  more  controls.  Furthermore,  the  Commission  will  strengthen  and  update  the  legal 
framework  governing  Animal  Health,  Plant  Health,  Plant  Reproductive  Materials  and  the 

EN 

   EN 

 
 
Food  Hygiene  Regulation,  in  particular  by  improving  coherence  and  clarifying  the 
responsibilities of business operators. This will improve food safety for consumers. 

Based on the Guidelines for import controls in the area of product safety and compliance,19 
customs  and  market  surveillance  authorities  will  cooperate  in  improving,  measuring  and 
evaluating the results of import controls by 2014. 

4. 2.  ENHANCING KNOWLEDGE 

If  they  are  to  be  properly  empowered,  consumers  must  be  provided  with  clear,  reliable  and 
comparable information, and the tools to understand it. 

Both  consumers  and  traders  should  also  be  made  better  aware  of  their  EU  rights  and 
obligations,  to  boost  mutual  trust  and  to  find  easy  ways  to  a  solution  when  something  goes 
wrong.  Therefore,  the  Commission  will  work  with  intermediaries  and  traders  to  encourage 
them  to  move  beyond  mere  compliance  with  legislation  and  to  develop  self-regulatory 
measures, as well as corporate social responsibility initiatives, thus enhancing their focus on 
customer service as a key competitiveness factor. 

Improving consumer knowledge is particularly important in financial services, where there is 
an  active  role  for  institutions  like  banks,  central  banks,  financial  market  supervisory 
authorities, deposit and investor protection schemes in raising financial literacy, including for 
those  who  remain  outside  the  banking  and  financial  mainstream  (known  as  the  ‘unbanked’ 
and ‘underbanked’). 

Awareness-raising campaigns will be organised with Member States and stakeholders on key 
consumer issues. It is also essential that national authorities and private-sector organisations 
enhance education offer for consumers throughout the EU from a young age. 

Consumer organisations have an important role to play, not only in informing and raising the 
awareness of consumers, but also in effectively representing and defending them. 

The Commission will work towards the following two specific objectives: 

(cid:190)  3.  improving  information  and  raising  awareness  of  consumer  rights  and  interests 

among both consumers and traders; 

(cid:190)  4. building knowledge and capacity for more effective consumer participation in the 

market. 

A number of concrete steps will be taken before 2014 to achieve these specific objectives. 

In  2013,  as  part  of  the  European  Year  of  Citizens,  an  EU-wide  campaign  to  increase 
knowledge about consumer rights and interests will be launched in close cooperation with all 
stakeholders, including businesses and consumer associations. 

Non-profit  organisations  that  provide  general  financial  advice  to  consumers  will  receive 
specific  training  between  the  second  quarter  of  2012  and  December  2013  to  improve  their 
ability to provide advice effectively and sustainably. 

19http://ec.europa.eu/taxation_customs/resources/documents/common/publications/info_docs/customs/product_s

afety/guidelines_en.pdf. 

EN 

   EN 

 
 
                                                 
The Commission will work with Member States to ensure that the role of national consumer 
organisations is properly recognised and will support them by capacity building and providing 
assistance to European consumer organisations. 

Work  will  be  stepped  up  with  all  the  existing  EU-wide  networks  that  can  best  disseminate 
information  to  consumers,  traders  or  legal  practitioners.  The  European  Consumer  Centres’ 
Network  will  be  strengthened  to  better  inform  consumers  about  their  rights  when  shopping 
cross-border  and  assist  them  when  they  become  entangled  in  cross-border  disputes.  The 
Enterprise  Europe  Network  will  be  more  regularly  used  to  ensure  that  information  on 
consumer legislation is regularly provided to businesses, including SMEs. 

The Commission will work with intermediaries and traders with a view to developing codes 
of good conduct, good practices or guidelines for price, quality and sustainability comparison. 

The  Commission  will  also  continuously  improve  the  information  given  to  consumers  and 
businesses  on  their  rights  and  duties  through  its  own  web  pages,  such  as  the  YourEurope 
portal,20  complemented  by  specialised  information  tools  as  the  ones  provided  in  the  e-
YouGuide21 and in the Code on EU online rights. It will also work with journalists and media 
specialised in consumer issues to promote efficient dissemination of information. 

The Commission will work closely with Member States on consumer education issues. It will 
develop  in  2012  an  interactive  platform  for  exchanging  best  practices  and  distributing 
consumer education materials amongst teachers and other professionals working with 12-18 
years  old,  including  on  digital  literacy,  new  media  technologies22  and  sustainable 
consumption. 

4. 3. 

IMPROVING IMPLEMENTATION, STEPPING UP ENFORCEMENT AND SECURING REDRESS 

If the Single Market is to continue to be a success, there need to be improvements in market 
participants’ trust in the effective and efficient enforcement of their rights and the availability 
of adequate redress mechanisms. 

Only if consumers can enforce their rights throughout the EU and reputable traders see that 
unfair competitors face appropriate penalties can we expect cross-border trade to continue to 
increase in the EU. This is particularly important today, as the digital revolution makes cross-
border  shopping  easy,  but  it  also  increases  the  opportunities  for  rogue  traders  to  engage  in 
unfair practices. 

The Commission will work towards the following two specific objectives: 

(cid:190)  5. effectively enforcing consumer law, focusing on key sectors; 

(cid:190)  6. giving consumers efficient ways to solve disputes. 

A number of concrete steps will be taken before 2014 to achieve these specific objectives. 

Throughout 2012-2014, annual coordinated enforcement actions (‘sweeps’) through the CPC 
Network will continue. The Commission will continue its work to facilitate, support and assist 
the Network in enforcement. Where appropriate, it will step up infringement actions to pursue 

20 http://ec.europa.eu/youreurope. 
21 http://ec.europa.eu/eyouguide. 
22 As announced in the Digital Agenda for Europe. 

EN 

   EN 

 
 
                                                 
any misapplication of EU law. The Commission is assessing in depth the scope, effectiveness 
and  operational  mechanisms  of  the  Consumer  Protection  Cooperation  Regulation.  It  will 
report by the end of 2014 on how cross-border enforcement cooperation could be improved 
and, if warranted, propose amending the rules. 

To  improve  enforcement  of  EU  rules  impacting  on  consumers,  better  use  of  the  European 
Judicial Network23 will be made to facilitate access to justice, to ensure smooth operation of 
procedures with a cross-border impact and to facilitate requests for judicial cooperation across 
Member States. 

Work will continue to ensure that key materials for transposing and implementing consumer 
law across the EU are made available to all interested judges and legal practitioners, as well as 
citizens  and  businesses.  To  do  this,  in  2013  a  Consumer  Law  Database  will  be  developed, 
which will become an integral part of the e-Justice portal.24   
Experience  in  applying  the  Unfair  Commercial  Practices  Directive25  has  shown  that  the 
Commission needs to take a more prominent role in monitoring and coordinating enforcement 
of  the  Directive  by  the  Member  States,  in  particular,  on  recurring  issues  and  emerging 
commercial practices, such as the use of online price comparison or customer review tools. To 
that  end,  the  Commission  will  step  up  coordination  of  enforcement  action  on  unfair 
commercial practices and update the guidance document on application of the Directive. 

Proper enforcement must be secured in key sectors. 

To ensure that consumer information requirements in the digital area are applied consistently, 
the  Commission  will  develop  guidelines  by  2014  to  help  enforcers  correctly  implement  EU 
rules  and  the  newly  adopted  Consumer  Rights  Directive.  Concerted  action  will  be  taken  by 
the Commission and national authorities to combat unfair practices in the sector, such as those 
related to the misleading advertising of internet broadband speed. 

In  the  energy  sector,  there  is  a  need  to  ensure  full  implementation  of  the  Third  Energy 
Package and of its detailed rules on consumer rights. It is also important to make full use of 
the dedicated Citizens’ Energy Forum’s potential. 
In the financial services sector, following its 2011 Recommendation,26 the Commission will 
closely monitor the response from Member States in addressing the problem of denied access 
of citizens to bank accounts. This is a real issue, not only for disadvantaged consumers who 
experience financial and social exclusion, but also for many citizens who travel abroad to live, 
work or study. 

To  protect  consumers  against  misleading  and  unfounded  environmental  claims,  national 
enforcers  need  further  support  to  properly  implement  the  requirements  of  the  Unfair 
Commercial Practices Directive.27 For this reason, the Commission will revise the guidance 
on misleading environmental claims. 

Guidelines to facilitate and improve the application of different Passenger Rights Regulations 
across all modes of transport will be drafted. 

Furthermore,  the  Commission  will  publish  guidelines  on  the  application  of  Article  20(2)  of 
the Services Directive, which will help to reduce instances where consumers face unjustified 

23 OJ L 174 of 27.6.2001, p. 25, and L 168 of 30.6.2009, p. 35. 
24 https://e-justice.europa.eu. 
25 Directive 2005/29/EC. 
26 2011/442/EU: Commission Recommendation of 18 July 2011 on access to a basic payment account. 
27 Directive 2005/29/EC. 

EN 

   EN 

 
 
                                                 
refusals  to  supply,  or  different  treatment,  on  grounds  of  residence  when  trying  to  acquire 
cross-border services online. 

In  its  efforts  to  ensure  better  enforcement  of  EU  law,  the  EU  will  work  with  key  trading 
partners to promote compliance with basic consumer protection principles. Regarding safety, 
increased  international  cooperation  (in  particular  with  China)  will  develop  the  concept  of 
‘safety at source’ and help to limit imports of unsafe products. The increased trend of rogue 
traders  operating  outside  the  EU  in  order  to  escape  controls  calls  for  increased  vigilance  at 
global  level.  The  Commission  will  hence  coordinate  action  with  the  most  affected  third 
countries and with key international organisations (e.g. OECD, UN, and WTO). The need for 
increased  international  cooperation  is  particular  striking  in  the  digital  area  and  in  the  fight 
against unsolicited commercial communication (‘spam’). 

Concerning  the  right  to  redress,  the  Commission  will  focus  in  the  short-to-medium-term  on 
ensuring  the  adoption  and  application  of  its  recent  proposals  on  Alternative  Dispute 
Resolution (ADR) and Online Dispute Resolution (ODR), so as to grant as swiftly as possible 
to  all  EU  consumers  access  to  simple  and  speedy  procedures  to  defend  their  rights.  At  the 
same  time,  it  will  ensure  the  correct  transposition  and  up-take  of  the  Mediation  Directive, 
which gives every EU judge the right to invite the parties to reach an amicable settlement of 
their  dispute.  The  Directive  applies  to  cross-border  disputes  but  Member  States  are 
encouraged to use mediation domestically too. The European Small Claims procedure, which 
simplifies, speeds up and reduces the cost of litigation in cross-border cases for claims up to 
EUR 2 000, will be made more accessible for consumers. In 2012, a guide providing practical 
advice  to  consumers  and  legal  practitioners  will be  issued  to  this  end.  During  the  course  of 
2013, the Commission intends to make the small claims forms available online and report on 
the  operation  of  the  procedure  as  a  whole,  including  on  the  need  to  revise  the  level  of  the 
threshold. 

Finally, on the basis of the outcome of the public consultation launched in 2011 and following 
the  European  Parliament  Resolution  of  2  February  2012,28  the  Commission  will  consider  a 
follow-up initiative on an EU framework for collective redress. 

4.4. 

ALIGNING RIGHTS AND KEY POLICIES TO ECONOMIC AND SOCIETAL CHANGE 

In today’s changed marketplace it is imperative to ensure that consumers have the confidence 
to buy online both traditional, tangible goods and services as well as digital ones. Consumer 
laws should therefore be updated to meet the needs of changing markets and to take account 
of emerging insights from behavioural sciences about how consumers behave in practice. 

Moreover, barriers that currently prevent consumers from accessing the digital products and 
services they want, easily, legally and affordably, anywhere in the EU, should be removed. 

As  a  first  step,  the  recent  proposals  on  a  Common  European  Sales  Law  and  the  Data 
Protection  Reform  package  will  solve  many  of  the  problems  that  consumers  face  when 
purchasing online, in particular by increasing their trust in the Digital Single Market and in 
cross-border services. 

The  proposals  on  Alternative  Dispute  Resolution  (ADR)  and  Online  Dispute  Resolution 
(ODR) should also help improve access to redress for consumers. 

28  European  Parliament  Resolution  of  2  February  2012  on  ‘Towards  a  Coherent  European  Approach  to 

Collective Redress’ — P7_TA(2012)0021. 

EN 

   EN 

 
 
                                                 
In 2012, the Commission will support the European Parliament and the Council in finding an 
agreement on all these proposals, in order to ensure speedy adoption and implementation. 

It is more essential than ever to ensure coherence and synergies across EU policies to enhance 
their positive impact on consumer spending, in particular in the key sectors of food, energy, 
transport and financial services, whilst promoting more sustainable patterns of consumption. 

A recent snapshot taken by the European Commission of the 20 key concerns of citizens and 
businesses  in  the  Single  Market  shows  that  consumers  continue  to  be  frustrated  by  their 
energy bills, find it difficult to defend their rights as passengers, and do not easily find their 
way in banking and financial services markets.29 

To  address  these  economic  and  societal  issues,  the  Commission  will  work  towards  the 
following two specific objectives: 

(cid:190)  7. adapting consumer law to the digital age; 

(cid:190)  8. promoting sustainable growth and supporting consumer interests in key sectors. 

A number of concrete steps will be taken before 2014 to achieve these specific objectives. 

•  Digital 

A set of measures will be considered to tackle key problems faced by online users and make 
sure they are adequately protected when using and buying digital content. These may include 
standardising key information given to consumers to facilitate comparisons and initiatives to 
assess  the  need  to  ensure  adequate  EU-wide  remedies  for  the  purchase  of  faulty  digital 
content and, if necessary, to harmonise digital trust marks. 

The  Commission  will  tackle  persistent  challenges  related  to  territorially-focused  copyright 
management  and  the  current  complex  regime  of  private  copying  levies,  which  can  have  a 
negative  impact  on  the  availability  of  digital  content  across  the  EU  and  discourage  the 
development of innovative, online business models. The Commission will table a legislative 
proposal on collective rights management in 2012 and has launched a stakeholders’ dialogue 
on private copying and reprography levies under the responsibility of a mediator. The results 
of this dialogue will be used to make recommendations for possible legislative action at EU 
level. The Commission will also work on addressing specific challenges regarding copyright 
and  the  availability  of  audiovisual  content  and  broadcasting  services  in  view  of  evolving 
technology, notably to stimulate cross-border services. 

As part of its work to report on the functioning of the Unfair Commercial Practices Directive, 
the  Commission  will  assess  in  2012  whether  the  current  rules  aimed  at  protecting  children 
from misleading advertising, also in the digital environment, need to be enforced better. It will 
continue to focus on the specific situation of minors buying or using digital content online. 

The Commission will aim to make commercial interaction more reliable for both consumers 
and  traders  by  proposing,  in  2012,  a  legislative  framework  for  electronic  identification, 
authentication  and  signatures.  It  will  set  out  minimum  requirements  for  information  on 
website localisation and on the legal existence of its owner, to guarantee the authenticity of 
the website. The Commission will also take full account of consumer interests as part of its 
forthcoming policy proposals on cloud computing. 

29 SEC(2011) 1003 final. 

EN 

   EN 

 
 
                                                 
Based  on  the  feedback  to  its  January  2012  Green  Paper  on  card,  internet  and  mobile 
payments public consultation, the Commission plans to come forward with concrete proposals 
during the first quarter of 2013. The Commission is also preparing a Green Paper on parcel 
delivery, with adoption forecast in the last quarter of 2012. 

A Communication on online gambling will be presented in 2012, aimed among other things at 
improving the protection of consumers and citizens, including vulnerable groups and minors. 

•  Financial services 

As part of its work to report in 2012 on the functioning of the Unfair Commercial Practices 
Directive,  the  Commission  will  assess  the  need  to  strengthen  the  current  rules  aimed  at 
combating unfair practices in the financial services sector or step up enforcement, also with 
regard to vulnerable consumers. 

The  Commission  plans  to  adopt  legislative  proposals  on  Packaged  Retail  Investment 
Products to ensure that retail investors are provided with a short, clear and understandable key 
information document to help them to take informed investment decisions. It will also review 
the Insurance Mediation Directive, which regulates selling processes for insurance products. 

The Commission will evaluate the implementation of the Consumer Credit Directive, with a 
focus  on  whether  it  works  well  for  consumers  and  whether  issues,  such  as  smaller  loans, 
deferred  debit  or  responsible  lending,  which  are  mainly  left  for  Member  States’  discretion, 
need to be revisited. This is especially important for vulnerable consumers. 

In  this  context,  households’  over-indebtedness  is  also  worrying.  A  specific  study  will  be 
launched in early 2012 to take a snapshot of the situation and list the best practices in force to 
alleviate its impact. 

Consumers  need  to be aware  of the fees they pay for basic banking services and be  able to 
switch easily between banks if competition is to be ensured in retail banking. As a result, the 
Commission  will  prepare  a  legislative  initiative  in  2012  that  will  encompass  these  issues 
related  to  bank  accounts,  which  are  at  the  heart  of  consumers’  basic  needs  when  managing 
their finances.   

•  Food 

Following the adoption of the Regulation on the provision of food information to consumers,30 
the Commission will promote the application of the new rules and explore the need for new 
initiatives.  This  is  particularly  relevant  to  the  labelling  of  food  origin  and  the  labelling  of 
alcoholic beverages. 
The  ongoing  implementation  of  the  Regulation  on  nutrition  and  health  claims31  will  ensure 
that all claims relating to a beneficial nutritional or health effect of foods are based on science 
and are not misleading for consumers. It will also guarantee the free movement of foodstuffs 
with nutritional and health claims that comply with this Regulation. 

The Commission will look into the issue of sustainable food, notably the issue of food waste. 
Action targeted at consumers to prevent household food waste will be included and will need 
to be complemented by action targeting other links in the food chain (farmers, retailers, food 
producers etc.) to be effective. 

30 Regulation (EU) No 1169/2011. 
31 Regulation (EC) No 1924/2006. 

EN 

   EN 

 
 
                                                 
•  Energy 

The  Commission  will  take  further  action  to  improve  competition  and  particularly  price 
transparency  in  electricity  and  gas  in  order  to  make  offers  by  energy  companies  more 
understandable to consumers. The forthcoming implementation of the new Energy Efficiency 
Directive  will  increase  consumer  rights  to  information  through  more  transparent  rules  on 
accurate  metering  and  clear,  timely  billing  based  on  actual  individual  consumption  of  all 
energy sources, including centralised heating, cooling and domestic hot water. 

Furthermore, the Commission intends to improve the information available to consumers on 
how  to  better  manage  their  domestic  energy  consumption  and  encourage  them  to  use 
technology, both existing (such as mobile phone enabled real consumption-based billing) and 
emerging  (such  as  smart  meters)  to  their  benefit.  To  this  end,  guidelines  on  price 
transparency  in  the  retail  energy  market  will  be  developed  in  coordination  with  regulators 
and stakeholders. 

Further specific action on smart meters and technology use by consumers will be developed 
by the Commission-led Smart Grids Task Force. 

The  Energy  Labelling  Directive  will  also  be  reviewed  in  2014.  In  the  meantime,  the 
Commission  will  propose  implementing  its  extension  online,  significantly  increasing  its 
impact.32 

•  Travel and Transport 

By  early  2013,  the  Commission  will  propose  an  updated  Package  Travel  Directive,  taking 
into  account  recent  developments  in  the  travel  market.  In  particular,  the  reform  will  take 
account of the increasing trend of travellers purchasing so-called ‘dynamic packages’ online 
rather than traditional pre-arranged travel packages.33 In addition, in 2013, the existing rules 
on Air Passenger Rights, which protect travellers in the event of denied boarding, long delay 
and cancellation, will be updated. 

On  urban  mobility,  the  Commission  will  hold  a  dialogue  with  stakeholders  to  identify  EU-
wide  best  practices  and  conditions  for  strengthening  passenger  rights  in  public  transport.34 
The Commission will also present, by 2014, specific measures designed, amongst others, to 
promote consumer awareness of the availability of alternatives to private vehicles. 

The Commission will make a proposal in 2013 to review the CO2 car labelling rules to bring 
consumer information up to date. It will also take steps to develop an alternative fuel strategy 
to support consumer choice for cleaner fuels35 and to improve consumer information on new 
transport fuels.36 

32 Consumer 2020  http://ec.europa.eu/information_society/newsroom/cf/itemdetail.cfm?item_id=6782.  
33 Dynamic package is a travel product whereby at least two different travel services (transport, accommodation 
and/or another tourist services) for a single trip are offered or sold in a combination, at the same time from the 
same  supplier  or  from  suppliers  that  are  commercially  linked  and  whereby  the  buyer  can  combine  and 
customise the content of the package according to his/her preferences. 

34  Action  Plan  on  Urban  Mobility;  COM(2011)  144.  White  Paper.  ‘Roadmap  to  a  Single  European  Transport 

Area — Towards a competitive and resource efficient transport system’. 

35 COM(2011) 144, White Paper ‘Roadmap to a Single European Transport Area — Towards a competitive and 

resource efficient transport system’. 

36 Based on the needs identified in the context of the CARS 21 process. 

EN 

   EN 

 
 
                                                 
•  Sustainable products 

To achieve sustainable growth underpinned by sustainable consumption, the Commission will 
consider taking measures to make consumer goods more durable, including support for repair 
and maintenance services. It will assess ways to improve the availability and affordability of 
more sustainable products through appropriate incentive schemes or voluntary action. 

The  Commission  will  develop  harmonised  methodologies 
life-cycle 
environmental  performance  of  products  and  companies  as  a  basis  for  providing  reliable 
information to consumers. 

to  assess 

the 

Furthermore, the Eco-design Directive, which sets minimum environmental requirements for 
products,  will  gradually  cover  a  growing  number  of  products  under  the  second  Ecodesign 
Working Plan and, where appropriate, will address energy consumption and other significant 
environmental impacts of products. 

5. Conclusions 

This European Consumer Agenda lays down a comprehensive policy framework designed to 
put consumers at the heart of the Single Market, as they are key to growth in the EU. It covers 
the action that this Commission plans to take during its mandate to benefit consumers. 

All measures take into account the changes in consumption patterns observed on the ground, 
technological progress, fast moving markets, the need to empower consumers and ensure that 
they can exercise their rights effectively. 

To  meet  the  main  objectives  of  this  Agenda  in  the  most  effective  way  and  minimise 
administrative burden, any policy action must be solidly based on evidence on how markets 
work  in  practice  and  how  consumers  behave.  Proposals  to  revise  existing  EU  rules  will  be 
underpinned by evaluations of the legislation currently in force and by rigorous analysis of the 
expected impacts. 

The  measures  announced  in  this  Agenda  will  be  also  supported  by  continuously  updated 
sources  of  key  information,  such  as  the  Consumer  Markets  Scoreboard,  consumer  market 
rankings  and 
the  consumer 
the  Consumer  Conditions  Scoreboards,  benchmarking 
environment in Member States and tracking progress in the integration of retail markets. This 
will  be  complemented  by  market  studies  analysing  the  reasons  behind  market  malfunctions 
and consumer behavioural studies. The consumer focus will also extend to research financed 
under the 2020 programmes. 

Efforts will be made to ensure that the proposed policy action is pre-tested against the eight 
specific objectives of this Agenda to ensure greater impact and a better up-take by consumers, 
while avoiding unnecessary burden on businesses. 

The trends observed over the next couple of years will help identify any additional action to 
take after 2014. Progress in meeting the objectives set out in this Agenda will be monitored 
by the Commission’s report on the integration of consumer interests into EU policies. 

This  Agenda  seeks  to  respond  to  the  challenges  of  unleashing  growth  and  restoring 
confidence  in  the  European  economy  by  enhancing  consumer  empowerment  and  creating 
policy synergies. To achieve durable results, a determined commitment by the whole chain of 
actors  implementing  this  Consumer  Agenda  is  needed  —  at  EU,  national  and  international 
level. Only smart and sustainable demand by consumers matched with fair supply will make a 
contribution to putting the EU back on the path for growth. 

EN 

   EN