CELEX: 51998PC0642
Language: en
Date: 1998-10-30
Title: Amended proposal for a European Parliament and Council Decision establishing a general framework for Community activities in favour of consumers

C 390/22            EN                 Official Journal of the European Communities                             15.12.98
                                                              II
                                                      (Preparatory Acts)
                                                 COMMISSION
             Amended proposal for a European Parliament and Council Decision establishing a general
                              framework for community activities in favour of consumers (Î)
                                                        (98/C 390/08)
                                                   (Text with EEA relevance)
                                          COM(1998) 642 final — 98/0028(COD)
                (Submitted by the Commission pursuant to Article 189a(2) of EC Treaty on 30 October 1998)
             (Î)ÙOJ C 108, 7.4.1998, p. 43.
                   ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European             Unchanged
Community, and in particular Article 129A thereof,
Having regard to the proposal from the Commission,
                                                                  Having regard to the Declaration by the European
                                                                  Parliament, the Council and the Commission of 6 March
                                                                  1995 on the incorporation of financial provisions into
                                                                  legislative acts.
Having regard to the opinion of the Economic and                  Unchanged
Social Committee,
Acting in accordance with the procedure referred to in
Article 189B of the Treaty,
whereas Community action helps to ensure a high level
of protection of consumers and human health,
whereas Community action in favour of consumers helps
to strengthen economic and social cohesion,
                                                                  whereas consumer confidence in products and services is
                                                                  essential to the smooth functioning of the internal
                                                                  market,
whereas this objective cannot be achieved effectively             Unchanged
without the cooperation and participation of all the insti-
tutions and parties concerned,
 ---pagebreak--- 15.12.98             EN               Official Journal of the European Communities                               C 390/23
                    ORIGINAL PROPOSAL                                              AMENDED PROPOSAL
whereas the Community intends to give new impetus to            whereas the Community is committed to giving new
its action in favour of consumers and their health in           impetus to its action in favour of consumers and their
order to enable them to become a driving and innovatory         health in order to enable them to become a driving and
force.                                                          innovatory force,
                                                                whereas      the    Luxembourg     European      Council’s
                                                                declaration on food safety recognises that everything
                                                                must be done to restore public confidence severely
                                                                shaken by the BSE crisis, and whereas the general
                                                                framework for activities in favour of consumers is
                                                                essential to achieving this aim
whereas the Community needs to plan the actions                 Unchanged
required to achieve the objective it has set itself by
grouping them together in a general framework that
identifies the activities and areas of activity which must
be tackled as a matter of priority,
whereas this general framework aims in particular to
bring together the initiatives carried out for the benefit
of consumers in order to optimise their effects for
consumers,
whereas the Community system of information on
domestic and leisure accidents had been introduced by
the decision 3092/94/EC of the European Parliament
and the Council of 7 December 1994Ø(Î) to cover only
the period 1994-1997,
whereas this general framework must provide for both
initiatives taken by the Community, in compliance with
the principle of subsidiarity, and actions to support the
organisations which work to defend consumer interests
at Community or national level,
whereas this general framework for Community action
does not prejudge measures which may become
necessary during the period fixed, as regards the
achievement of the objectives set out in Article 129A of
the Treaty,
whereas the initiatives undertaken by the Community
and the actions to support other private or public
initiatives complement one another and must form part
of an integrated approach,
whereas the implementation of this general framework            whereas the implementation of this general framework
should make it possible to take better account of               should make it possible to take better account of
consumer’s interests in the other policies of the               consumer’s interests in all other relevant policies of the
Community, notably in the fields of public health,              Community and must ensure the development of
research and transport,                                         consumer participation in the standardisation process,
(Î)ÙOJ L 331, 21.12.1994, p. 1.
 ---pagebreak--- C 390/24            EN                Official Journal of the European Communities                                15.12.98
                   ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
whereas the initiatives developed in this framework             Unchanged
should be complementary to the actions being carried
out in the field of public health, concerning in particular
foodstuffs,
whereas a harmonised and neutral approach to matters            whereas a harmonised and neutral approach to matters
related to the protection of consumers and their health is      related to the protection of consumers and their health is
indispensable and as the Community has at its disposal          indispensable and whereas this general framework shall
the skills of the Joint Research Centre,                        provide the necessary financial support to ensure the
                                                                provision of high quality, independent scientific acvice,
                                                                globally recognised risk assessment methods and
                                                                effective control and inspection methods; whereas the
                                                                Community also has at its disposal the skills of the Joint
                                                                Research Centre,
whereas this framework is open to the participation of          Unchanged
the associated countries of central and eastern Europe in
accordance with the European Agreements or their
additional protocols, and also to Cyprus in accordance
with conditions to be agreed, as well as to the
EFTA/EES countries on the basis of additional appro-
priations in accordance with the rules fixed in the
Agreement on the European Economic Space,
                                                                whereas action under this framework shall contribute to
                                                                promoting the consumer interest at international level,
whereas it is necessary to draw up a list of priority areas     whereas it is necessary to evaluate past achievements and
for Community action in order to help achieve maximum           draw up a policy priority programme to implement this
effectiveness throughout the planned period,                    general framework in order to help achieve maximum
                                                                effectiveness throughout the planned period; and
                                                                whereas this should include an action plan,
                                                                whereas maximum effectiveness of Community action is
                                                                dependent on regular consolidation, review and updating
                                                                of this general framework,
                                                                whereas the implementation of this general framework
                                                                should contribute to the transposition into national law
                                                                of, and monitoring of compliance with, existing
                                                                Community legislation in the field of consumer
                                                                protection,
whereas it is also necessary to strengthen the bodies and       whereas organisations that are active in the area of
organisations that are active in the area of consumer           consumer protection should also be given more oppor-
protection so that they can be a more effective driving         tunity to contribute actively to the definition of
force for making consumers aware of the priorities set by       consumer policy,
the Community,
whereas it is necessary to ensure that the interests of         Unchanged
consumers are represented at Community level and to
provide significant support to the European organisations
which represent the interests of consumers effectively
and actively
 ---pagebreak--- 15.12.98            EN                Official Journal of the European Communities                               C 390/25
                   ORIGINAL PROPOSAL                                              AMENDED PROPOSAL
whereas it is necessary, at the same time, to support
organisations which are active at national or regional
level by encouraging them to take part in concerted
action in the areas recognised as priorities,
whereas it is therefore necessary to set out the
arrangements for the financial support provided by the
Community to the bodies and organisations that are
representative of consumer interests, out of a constant
concern for maximum transparency and for effectiveness
in the use of the funds allocated by the Community,
whereas it is necessary to lay down selection criteria for
the provision of financial support,
whereas it is necessary to establish effective methods for      whereas it is necessary to establish effective methods for
evaluation and monitoring and to make provision for             evaluation and monitoring and to make provision for
informing the target groups concerned in an appropriate         informing the target groups concerned in an appropriate
and automatic way,                                              and systematic way,
whereas immediately after ratification, the Commission          Unchanged
shall present a proposal to adapt this general framework
to take into account the extended scope for action in the
consumer protection field in the Amsterdam Treaty,
whereas the implementation of the activities provided for
under this general framework must be evaluated in the
light of the experience gained in the first three years,
whereas this decision establishes, for the whole of the
planned duration, a financial allocation which constitutes
the principal point of reference, within the meaning of
point 1 of the Declaration by the European Parliament,
the Council and the Commission of 6 March 1995, for
the budgetary authority in the annual budgetary
procedure.
HAVE DECIDED AS FOLLOWS:
                       CHAPTER I
             General objectives and approach
                         Article 1
1.ÚÙThis decision establishes, at Community level, a
general framework for activities for promoting the
interests of consumers and providing them with a high
level of protection.
2.ÚÙThis general framework of activities consists of
actions designed to help protect the health, safety and
economic interests of consumers and to promote their
right to information and education and to join forces in
order to protect their interests.
 ---pagebreak--- C 390/26             EN               Official Journal of the European Communities                             15.12.98
                     ORIGINAL PROPOSAL                                             AMENDED PROPOSAL
3.ÚÙThis general framework of activities shall be estab-
lished from 1 January 1999 to 31 December 2003. The
financial allocation for carrying out the activities planned
in this general framework shall be 114 million ECU for
the whole period.
Annual appropriations shall be authorised by the
budgetary authority within the limits of the financial
perspectives.
                           Article 2                                                     Article 2
(a)Ùactions taken by the Commission to support and              (a)Ùactions taken by the Commission to support and
     supplement the policy conducted by the Member                  supplement the policy conducted by the Member
     States, and to develop, update and monitor it;                 States, and to develop, update, monitor and enforce
                                                                    it,
(b) actions providing financial support for the activities      Unchanged
     of European consumer organisations, under the con-
     ditions set out in Article 5;
(c) actions providing financial support for specific
     projects to promote consumers’ interests in the
     Member States, notably the projects presented by
     consumer organisations, under the conditions set out
     in Article 6.
                           Article 3
The Commission shall ensure that there is consistency
and complementarily between the Community activities
and projects under this general framework and the other
Community programmes and initiatives, and shall lay
down the priorities to be applied in the activities
mentioned in Article 4.
                           Article 4
The actions mentioned in Article 2 shall concern the
following specific areas in particular:
(a)Ùthe health and safety of consumers;
(b) protecting the economic interests of consumers as
     regards products and services;
(c) educating and informing consumers about their
     protection and rights;
(d) promotion and representation of the interests of
     consumers.
                                                                (e) protecting the legal interests of consumers, their
                                                                    right to redress and access to justice.
 ---pagebreak--- 15.12.98              EN               Official Journal of the European Communities                              C 390/27
                     ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
The Annex gives an indicative list of the activities by          Unchanged
area.
                         CHAPTER II
                 Implementing arrangements
                          Article 5
1.ÚÙThe financial support referred to in Article 2,
point b), may be granted to European consumer organi-
sations which:
—Ùare non-governmental, not-for-profit organisations
    whose main objectives are to promote and protect the
    interests and health of consumers and
—Ùhave been mandated to represent the interests of
    consumers at European level by organisations that
    are representative of the consumers of at least half
    the Member States of the Community and that are
    active at national or regional level.
2.ÚÙThe financial support referred to in Article 2,
point b), may be granted to support the activities of
European consumer organisations that are planned in the
annual programme of their activities, where these
activities relate to one or more of the areas mentioned in
Article 4.
3.ÚÙThe conditions for granting financial support are            3.ÚÙThe conditions for granting financial support are
set out in Articles 7-9.                                         set out in Articles 7-9.
In addition, the financial support may not, in principle,        In addition, the financial support may not, in principle,
exceed 50Ø% of the expenditure involved in carrying out          exceed 50Ø% of the expenditure involved in carrying out
the eligible activities.                                         the eligible activities.
                                                                 Administrative costs related to the eligible activities are
                                                                 taken into account.
                          Article 6
1.ÚÙAny natural or legal person or association of                Unchanged
natural persons who/which is actually responsible for the
implementation of the projects may receive the financial
support referred to in Article 2 point c), where the main
objectives of these projects are to promote and protect
the interests and health of consumers.
2.ÚÙThe financial support referred to in Article 2 point
c), shall be granted on the basis of the description of the
project, where it relates to one or more of the areas
mentioned in Article 4.
 ---pagebreak--- C 390/28              EN                 Official Journal of the European Communities                               15.12.98
                     ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
3.ÚÙThe conditions for granting financial support are
set out in Articles 7-9.
In addition, the financial support may not, in principle,
exceed 50Ø% of the expenditure involved in
implementing the project(s), excluding all operating
                                                                   Unpaid work or donation in kind, if properly docu-
                                                                   mented, may be taken into account, up to a level of
                                                                   20Ø% of total eligible costs, when assessing the organi-
                                                                   sation’s revenue and costs.
                           Article 7
The Community financial support referred to in Article 2           Unchanged
points b) and c) shall be granted to actions selected on
the basis of the following criteria in particular:
—Ùa satisfactory level of cost-effectiveness;
—Ùan added value ensuring a high and uniform level of
    the representation of consumers’ interests;
—Ùa lasting multiplier effect at European level;
—Ùeffective and balanced cooperation between the
    various parties for
—Ùplanning and carrying out activities and for financial
    participation;
—Ùthe development of lasting transnational cooperation,
    especially by the exchange of experience to raise the
    awareness of consumers and economic operators and
    by joint utilisation of their results;
—Ùthe widest possible dissemination of the results of the
    activities and projects supported;
—Ùthe ability to analyse the situations to be covered, the
    means earmarked for evaluating the activities and
    projects and their suitability for best practice;
                        CHAPTER III
           Procedures, evaluation and monitoring
                           Article 8
1.ÚÙEach year, the Commission shall publish a note in              1.ÚÙEach year, if possible before the end of July, the
the Official Journal of the European Communities                   Commission shall publish a note in the Official Journal of
describing the areas for funding and setting out selection         the European Communities describing the areas for
and award criteria and the procedures for application              funding and setting out selection and award criteria and
and approval.                                                      the procedures for application and approval.
 ---pagebreak--- 15.12.98             EN               Official Journal of the European Communities                            C 390/29
                    ORIGINAL PROPOSAL                                             AMENDED PROPOSAL
2.ÚÙHaving assessed the proposals, the Commission               Unchanged
shall select the activities and projects referred to in
Chapter II which are to receive financial support. This
decision shall lead to the conclusion of a contract with
the recipients responsible for implementation, concerning
the rights and obligations of the parties.
3.ÚÙCommunity assistance shall relate to the actions            3.ÚÙCommunity assistance, or the first part thereof,
which should take place in the year of the financial            shall be granted before the beginning of the implemen-
contribution or in the following year.                          tation of the project selected by the Commission.
4.ÚÙA list of the recipients and of the actions funded          Unchanged
under this framework shall be published each year, with
an indication of the amount of the assistance.
                          Article 9
1.ÚÙThe Commission shall ensure the monitoring and
supervision of effective implementation of the activities
financed by the Community. This shall be done on the
basis of reports using the procedures agreed between the
Commission and the recipient; it shall include checks in
situ by means of sampling.
2.ÚÙRecipients shall submit a report to the Commission
for each action within three months of its completion.
The Commission shall determine the form and content
of this report.
3.ÚÙRecipients of financial support shall keep at the
Commission’s disposal all the documentary evidence of
expenditure for a period of five years from the last
payment concerning an action.
European Communities describing the areas for funding
and setting out the selection and award criteria and the
procedures for applications and approval.
                         Article 10
The Commission shall see to it that the actions funded
by the Community are evaluated regularly. These
evaluations may be carried out by the Commission and
by independent experts employed to this end.
                         Article 11
1.ÚÙThe Commission may reduce, suspend or recover
financial assistance granted for an activity if it detects
irregularities or learns that the activity has, without its
approval, been significantly modified so that it is incom-
patible with the objectives of the agreed implementing
arrangements.
 ---pagebreak--- C 390/30             EN                 Official Journal of the European Communities              15.12.98
                    ORIGINAL PROPOSAL                                            AMENDED PROPOSAL
2.ÚÙIf the deadlines are not met or if the state of
progress of an activity warrants only partial use of the
appropriations granted, the Commission shall ask the
recipient concerned to provide an explanation within a
given period of time. If the recipient’s reply is not satis-
factory, the Commission may cancel the balance of
financial assistance and demand that the sums already
paid be refunded immediately.
3.ÚÙAll incorrect payments shall be refunded to the
Commission. Any sums not refunded in good time may
be increased by default interest. The Commission shall
determine the arrangements for the application of this
paragraph.
                          Article 12
1.ÚÙEach year, the Commission shall report to the
European Parliament and to the Council on the
implementation of this framework.
This report shall include the results of the evaluation of
the actions, activities and projects carried out under this
framework.
2.ÚÙBy 30 June 2002 at the latest, the Commission shall
submit an evaluation report to the European Parliament
and to the Council on the first three years of implemen-
tation of activities under this general framework.
                          Article 13
This Decision shall enter into force on 1 January 1999.
                           ANNEX                                                      ANNEX
            INDICATIVE ACTIVITIES BY AREA
1.ÙConsumer health and safety
   —ÙActions undertaken for the preparation and elaboration       Unchanged
      of opinions of the Scientific Committees.
   —ÙExpertise and inspections relating to controls in the food,
      veterinary and phytosanitary sectors.
 ---pagebreak--- 15.12.98              EN                  Official Journal of the European Communities                                    C 390/31
                     ORIGINAL PROPOSAL                                                   AMENDED PROPOSAL
   —ÙTechnical expertise to assess risks relating to products,
      notably for foodstuffs.
   —ÙMaking best use of scientific and technical elements
      relating to consumer protection actions, notably through
      the use of expertise of the Joint Research Centre.
   —ÙMeasures relating to consumer products causing danger            —ÙMeasures relating to products and services causing
      to consumers.                                                      potential hazards and danger to consumers.
   —ÙDissemination of information about dangerous products            —ÙDissemination of information about products and services
      and potential risks.                                               and the potential hazards and risks associated with them.
2. Protecting the economic interests of consumers as regards
   products and services
   —ÙMeasures to improve co-operation between the bodies            Unchanged
      participating in market surveillance.
   —ÙMeasures to ensure the respect of consumer rights in the
      supply of products and services, including mechanisms for
      settling consumer disputes, notably through pilot projects
      and setting up databases.
   —ÙMeasures to ensure a level playing field in consumers
      transactions,
   —Ùtaking into account the impact of new technologies, and          —Ùtaking into account the impact of new technologies, the
      the development of financial services.                             development of financial services and the impact of the
                                                                         Euro.
                                                                      —ÙMeasures to promote the transposition into national law
                                                                         and monitoring of compliance with existing Community
                                                                         legislation in the field of consumer protection.
                                                                      —ÙMeasures to make consumers more aware of the possible
                                                                         benefits of the internal market and to encourage them to
                                                                         take more advantage of these benefits, particularly by
                                                                         means of comparative tests of the prices, product range
                                                                         and quality of goods and services in the various Member
                                                                         States.
3. Educating and informing consumers
   —ÙImproving information to consumers about their rights            —ÙImproving information to consumers about their rights
      and how to enforce them and raising awarness of manu-              and responsibilities and how to enforce them and raising
      facturers and consumers about safety aspects of products.          awareness about safety aspects of products and services.
                                                                      —ÙMeasures to encourage consumer access to and partici-
                                                                         pation in the information society.
                                                                      —ÙInformation to consumers concerning protection of
                                                                         privacy and personal data.
 ---pagebreak--- C 390/32              EN                 Official Journal of the European Communities                                        15.12.98
                     ORIGINAL PROPOSAL                                                   AMENDED PROPOSAL
                                                                      —ÙDissemination among producers             and   consumers   of
                                                                         knowledge about product safety.
                                                                      —ÙImprovement of information and promoting consumer
                                                                         awareness of sustainable and environmentally sound
                                                                         patterns of consumption.
   —ÙImproving information to consumers about features of          Unchanged
      specific products and services notably through
      comparative testing.
   —ÙDevelop the education and training of consumers,
      particularly in schools.
   —ÙThe development of, and support for, European centres
      providing information and advice to cross border
      consumers in the Community.
4. Promotion and representation of the interests of consumers
   —ÙStrengthening the representation of consumer interests at
      the European and international level.
   —ÙSupporting consumer organisations in the Member States,
      notably where their means are limited.
   —ÙPromotion and coordination of consumer participation at       Unchanged
      the European level in standardisation.
   —ÙPilot projects promoting sustainable consumption models,         —ÙPilot projects promoting sustainable consumption models,
      notably those that are environmentally friendly.                   notably those that contribute to choice and encourage
                                                                         behavioural patterns that respect the environmental and
                                                                         social impact of consumption and disposal.
                                                                   5. Protecting the legal interests of consumers
                                                                      —ÙImproving common extra-judicial procedures.
                                                                      —ÙThe development of, and support for, measures aimed at
                                                                         facilitating access to justice inside the courts.
                                                                      —ÙMeasures to assess the specific risks and potential benefits
                                                                         for consumers in the information society including pilot
                                                                         projects to establish cross-border redress systems
                                                                         applicable to the information society.
                                                                      —ÙMeasures to promote the protection of privacy and data
                                                                         protection.
                                                                      —ÙThe development of an overall framework to regulate
                                                                         unfair marketing practices.