Source: EURLEX
Language: en
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# 52012SC0132

**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 /\* SWD/2012/0132 final \*/**

  

Commission
Staff Working Document

Report
on Consumer Policy

(July
2010 – December 2011)

A.     Introduction.. 4

B.     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

6.      Electrical and electronic equipment.. 6

7.      Motor Vehicles. 6

8.      Nanomaterials. 7

9.      Chemicals. 7

10.    Cosmetics and medical devices. 8

11.    Pharmaceuticals. 8

12.    Noise pollution.. 9

13.    Indoor Air Quality.. 10

C.     Information,
education & capacity building.. 10

1.      Consumer Empowerment Index (CEI) 10

2.      Consumer information and education.. 11

a)     Food Information Regulation. 11

b)     Meat products. 11

c)     Fish and aquaculture
products. 12

d)     Food quality. 12

e)     Information on and
promotion of agricultural products. 12

f)      Information on animal feed. 13

g)     Impact of food on health
and wellbeing. 13

h)     Information to consumers on
their rights. 14

i)      Tobacco. 14

j)      Europa Diary, Dolceta, European Masters Programmes. 14

3.      Capacity building.. 15

D.     Rights
and redress.. 15

1.      Consumer rights. 15

a)     Cross-border healthcare. 15

b)     Consumer Rights Directive. 16

c)     Unfair Commercial Practices. 16

d)     Common European Sales Law.. 17

e)     Protection of Personal Data. 17

f)      Timeshare. 18

g)     Access to basic payment
services. 18

h)     Investment services. 18

i)      Mortgage credit 19

j)      Bank fees. 19

k)     Deposit insurance and
investor protection schemes. 20

l)      Air passenger rights (APR). 20

m)     Rights of passengers using
other modes of transport 21

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

1.      Consumer Protection Cooperation Network – Sweep on ticketing
and assessment of the efficiency and effectiveness of the Network.. 23

2.      ECC Centres – helping consumers in cross-border disputes. 23

3.      Injunctions Directive. 24

F.      Consumer
interests in other policy areas.. 24

1.      Consumer Market Monitoring.. 24

a)     Consumer Scoreboards. 24

b)     Market Studies. 25

c)     Behavioural studies. 25

2.      Digital Services. 26

a)     Copyright reform.. 26

b)     Levies. 28

3.      Telecommunications. 28

a)     Net neutrality. 28

b)     Universal service. 29

c)     Roaming. 29

4.      Postal services. 30

5.      Sustainable consumption and resource efficiency.. 30

a)     Resource-Efficiency Roadmap. 30

b)     Corporate social
responsibility (CSR). 31

c)     The Retail Forum for
Sustainability. 31

d)     The European Food
Sustainable Consumption and Production Round Table (EFSCP). 32

e)     Food waste. 32

f)      EU Ecolabel 32

g)     Social impact labelling and
certification. 33

6.      Energy.. 33

a)     Electricity and gas markets
liberalisation. 33

b)     The Citizens' Energy Forum.. 34

c)     Smart meters and smart
grids. 34

d)     Energy efficiency and
energy labelling. 35

7.      Tourism - Virtual Tourism Observatory.. 35

8.      Transport.. 36

ANNEX: Market performance indicator (MPI) 37

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 2010[1],
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 Commission[2].

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 playing businesses.
Taking account of the European Parliament Resolution[3] 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 Centre[4] (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 sweeteners[5] and the detection of mycotoxins[6].

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 articles[7], restricted the use of
Bisphenol A in plastic infant feeding bottles[8]
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 Kong[9].

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.

4.
Toys

The main
provisions of Directive 2009/48/EU on the safety of toys[10] 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 cigarettes[11]. 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 2011[12]
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 legal framework for the type-approval of motor vehicles and motorcycles
through the introduction of market surveillance principles[13].

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 consumers[16]
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,
metabonomics[17],
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.

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
pharmacovigilance[20]
were adopted in December 2010[21]
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 medicines[22]
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. 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 proposals[23]
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 JRC[24]
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.

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 Strategy[25]
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 2011[27]
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.

Based on the results of the Eurobarometer survey, the Commission's
Joint Research Centre (JRC) developed in 2011[28]
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 2011[29] and will enter into force in
December 2014[30].
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 Communication[31]
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.

c) Fish and aquaculture products

In July 2010 the
Commission adopted a proposal[32]
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:

§
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;

§
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 Commission[33] 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 EU[34]. This initiative contributes
to a better transparency in the food supply chain.

Under Regulation
n° 3/2008[35]
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:

§
Ad-hoc campaign for programmes for fresh fruit
and vegetables after the epidemic caused by the bacteria Escherichia coli;

§
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 2010[38]. 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:

§
Project Eatwell[39] (running till September 2012)
aims at improving policy interventions that will encourage healthy eating
across Europe;

§
Project Toybox[40] (running till August 2013)
seeks to influence obesity related behaviour in 4-6 year old;

§
Project Maitre[41] (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
campaign[42]
"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.

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 Empowerment[43]) 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 Directive[45]
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.

b) Consumer Rights Directive

One major piece of consumer
legislation has been adopted in 2011, the Consumer Rights Directive[46] (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 Selling[47]
and Distance Sales Directives[48]
.

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 Practices[49]
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 database[50] (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.

d) Common European Sales Law

The Commission proposal
for a Regulation on a Common European Sales Law[51] 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
Directive[52].
The public consultation[53] 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 Communication[54]
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.

f) Timeshare

In 2009 the
European Union updated existing legislation targeting timeshare and long term
holiday products (the so called Timeshare Directive[56]), 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
Recommendation[57]
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 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 property[58].
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.

Benefit for
consumers: the proposal introduces a higher level
of protection for consumers through robust rules concerning advertising,
pre-contractual 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 fees[59].
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]

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 guidelines[63] 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:

§
a Communication[64]
(ex post assessment) on Regulation 261/2004 together with a Commission Staff
Working Paper[65]
focussing on the application and enforcement of the Regulation in the Member
States, notably with regard to complaint handling;

§
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].

In December
2011, the Commission launched a public consultation[67] 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)
1177/2010[69]
on passenger rights in maritime and inland waterways transport has been adopted
in November 2010 and will apply as from December 2012.

Regulation (EC)
181/2011[70]
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 Communication[71]
on passenger rights in all modes of transport: aviation, rail[72], 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:

§
carriers towards a more coherent and effective
application of EU law;

§
national authorities towards a harmonised
enforcement of passenger protection across all modes;

§
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.

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 Resolution[74]
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
Regulation[75]
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.

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) Regulation[76]
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 sweep[77] 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 2011[78] 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 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' interests[79]
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 injunction[80] 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
Scoreboard[81]
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 Scoreboard[82]
largely confirmed this overall picture. For the first time, the level of
competition perceived by consumers was also measured.

The March 2011 Consumer
Conditions Scoreboard[83]
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 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 2010[84],
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 empowerment[85]
(see below) confirmed the problems consumers have in recognising key
information and performing calculations.

A first pilot
study was published in November 2010[86]
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 services[87]
in the study[88].

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.

As stated in the
Commission's Communication[91]
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 works[92]
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 consultation[95] 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.

b) Levies

Private copying
levies[96]
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 mediator[97]
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 Communication[98] 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 types of traffic.  BEREC published
in December 2011[99]
a set of Guidelines and 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
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 Communication[100]
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).

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
2010[101],
another on identifying the methodology for determining the consumer preferences
regarding postal services[102]
and a third on cross-border parcel delivery in view of emerging e-commerce[103].

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.

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 2011[107]
with the Social Business Initiative[108]
(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 reports[110].
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 2009[111].
In the summer of 2010, retailers presented also a voluntary environmental Code
of conduct[112]
for the sector in the context of REAP aiming at promoting more sustainable
consumption patterns.

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 chain[113] 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 wastage[114]
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 2010[115]
includes various changes - such as simplification of procedures, quicker
criteria development and reduction of annual fees - 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 2011[116]. 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 2010[118]
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 Package[119] came into force in 2010 and
Member States were expected to implement its provisions in 2011. This new
legislation has a clear consumer focus[120]
[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.

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
consumers[123].
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 Forum[124]. 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
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 Plan[127]. 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 Directive[128]
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 legislation[129]
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:

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.
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 awarded[131]
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.

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 strategy[134].

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.

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

[1] 
Report on consumer protection, 2009/2137(INI), 2.3.2010, Rapporteur: Anna Hedh.

[2]  Ibid, §3, p. 6.

[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.

[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).

[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.

[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.

[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.

[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.

[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.

[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

[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/.

[40] http://www.iaso.org/policy/euprojects/toyboxproject/

[41] http://maitreproject.eu/

[42] http://www.exsmokers.eu/

[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.

[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/.

[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.

[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.

[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.

[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.

[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.

[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.

[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

[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.

[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.

[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.

[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.

[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.

[100] http://ec.europa.eu/information\_society/policy/ecomm/doc/library/communications\_reports/universal\_service/comm\_us\_en.pdf.

[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.

[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.

[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.

[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

[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

[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&list=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.

[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.

[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.

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