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 (˛) (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) (˛) OJ 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 Community, and in particular Article 129A thereof, Unchanged 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 Social Committee, Unchanged 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 without the cooperation and participation of all the instiÜ tutions and parties concerned, Unchanged 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 its action in favour of consumers and their health in order to enable them to become a driving and innovatory force. whereas the Community is committed to giving new impetus to its action in favour of consumers and their health in order to enable them to become a driving and innovatory force, the European Luxembourg Council’s whereas 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 is essential to achieving this aim in favour of consumers whereas the Community needs to plan the actions 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, Unchanged 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, the Community system of whereas 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(˛) to cover only the period 1994Ü1997, 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 achievement of the objectives set out in Article 129A of the Treaty, fixed, as regards the period 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 it possible to take better account of should make in consumer’s the interests the other policies of Community, notably in the fields of public health, research and transport, whereas the implementation of this general framework should make it possible to take better account of consumer’s interests in all other relevant policies of the Community and must ensure the development of consumer participation in the standardisation process, (˛) OJ L 331, 21. 12. 1994, p. 1. C 390/24 EN Official Journal of the European Communities 15. 12. 98 ORIGINAL PROPOSAL AMENDED PROPOSAL initiatives developed whereas the in this framework should be complementary to the actions being carried out in the field of public health, concerning in particular foodstuffs, Unchanged whereas a harmonised and neutral approach to matters related to the protection of consumers and their health is indispensable and as the Community has at its disposal the skills of the Joint Research Centre, whereas this framework is open to the participation of 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 the EFTA/EES countries on the basis of additional approÜ priations in the in accordance with the rules fixed Agreement on the European Economic Space, to be agreed, as well as to whereas it is necessary to draw up a list of priority areas for Community action in order to help achieve maximum effectiveness throughout the planned period, whereas it is also necessary to strengthen the bodies and organisations that are active in the area of consumer protection so that they can be a more effective driving force for making consumers aware of the priorities set by the Community, whereas a harmonised and neutral approach to matters related to the protection of consumers and their health is indispensable and whereas this general framework shall provide the necessary financial support to ensure the provision of high quality, independent scientific acvice, and globally effective control and inspection methods; whereas the Community also has at its disposal the skills of the Joint Research Centre, assessment methods recognised risk Unchanged whereas action under this framework shall contribute to promoting the consumer interest at international level, whereas it is necessary to evaluate past achievements and draw up a policy priority programme to implement this general framework in order to help achieve maximum effectiveness the planned period; and whereas this should include an action plan, throughout 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 consumer in protection, legislation field of the whereas organisations that are active in the area of consumer protection should also be given more opporÜ tunity the definition of consumer policy, to contribute actively to whereas it is necessary to ensure that the interests of consumers are represented at Community level and to provide significant support to the European organisations which represent the interests of consumers effectively and actively Unchanged 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, it is to whereas the therefore necessary 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, set out whereas it is necessary to lay down selection criteria for the provision of financial support, whereas it is necessary to establish effective methods for evaluation and monitoring and to make provision for informing the target groups concerned in an appropriate and automatic way, whereas it is necessary to establish effective methods for evaluation and monitoring and to make provision for informing the target groups concerned in an appropriate and systematic way, whereas immediately after ratification, the Commission 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, Unchanged 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 the annual budgetary procedure. in HAVE DECIDED AS FOLLOWS: CHAPTER I General objectives and approach Article 1 1. Ú This decision establishes, at Community level, a general the for activities interests of consumers and providing them with a high level of protection. for promoting framework 2. Ú This 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. C 390/26 EN Official Journal of the European Communities 15. 12. 98 ORIGINAL PROPOSAL AMENDED PROPOSAL 3. Ú This general framework of activities shall be estabÜ 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 the budgetary authority within the limits of the financial perspectives. shall be authorised by Article 2 Article 2 (a) actions taken by the Commission to support and supplement the policy conducted by the Member States, and to develop, update and monitor it; (a) actions taken by the Commission to support and supplement the policy conducted by the Member States, and to develop, update, monitor and enforce it, (b) actions providing financial support for the activities of European consumer organisations, under the conÜ ditions set out in Article 5; Unchanged (c) actions providing support financial to promote consumers’ specific projects the in Member States, notably the projects presented by consumer organisations, under the conditions set out in Article 6. for interests 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 the activities down mentioned in Article 4. to be applied the priorities in Article 4 The actions mentioned in Article 2 shall concern the following specific areas in particular: (a) the 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 right to redress and access to justice. interests of consumers, their 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 area. Unchanged CHAPTER II Implementing arrangements Article 5 1. Ú The financial support referred to in Article 2, point b), may be granted to European consumer organiÜ sations which: - are non governmental, not for profit organisations whose main objectives are to promote and protect the interests and health of consumers and - have 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. Ú The 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 these annual programme of activities relate to one or more of the areas mentioned in Article 4. their activities, where 3. Ú The conditions for granting financial support are set out in Articles 7Ü9. 3. Ú The conditions for granting financial support are set out in Articles 7Ü9. In addition, the financial support may not, in principle, exceed 50Ø% of the expenditure involved in carrying out the eligible activities. In addition, the financial support may not, in principle, exceed 50Ø% of the expenditure involved in carrying out the eligible activities. Administrative costs related to the eligible activities are taken into account. Article 6 1. Ú Any natural or legal person or association of 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. Unchanged 2. Ú The 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. C 390/28 EN Official Journal of the European Communities 15. 12. 98 ORIGINAL PROPOSAL AMENDED PROPOSAL 3. Ú The conditions for granting financial support are set out in Articles 7Ü9. In addition, the financial support may not, in principle, exceed in involved implementing the project(s), excluding all operating expenditure 50Ø% the of Unpaid work or donation in kind, if properly docuÜ mented, may be taken into account, up to a level of 20Ø% of total eligible costs, when assessing the organiÜ sation’s revenue and costs. Article 7 The Community financial support referred to in Article 2 points b) and c) shall be granted to actions selected on the basis of the following criteria in particular: Unchanged - a satisfactory level of cost effectiveness; - an added value ensuring a high and uniform level of the representation of consumers’ interests; - a lasting multiplier effect at European level; - effective and balanced cooperation between the various parties for - planning and carrying out activities and for financial participation; - the 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; - the widest possible dissemination of the results of the activities and projects supported; - the 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 Journal of 1. Ú Each year, the Commission shall publish a note in the European Communities the Official describing the areas for funding and setting out selection and award criteria and the procedures for application and approval. 1. Ú Each year, if possible before the end of July, the Commission shall publish a note in the Official Journal of the European Communities describing for funding and setting out selection and award criteria and the procedures for application and approval. the areas 15. 12. 98 EN Official Journal of the European Communities C 390/29 ORIGINAL PROPOSAL AMENDED PROPOSAL 2. Ú Having assessed the proposals, the Commission in shall select the activities and projects referred to 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. Unchanged 3. Ú Community assistance shall relate to the actions which should take place in the year of the financial contribution or in the following year. 3. Ú Community assistance, or the first part thereof, shall be granted before the beginning of the implemenÜ tation of the project selected by the Commission. 4. Ú A list of the recipients and of the actions funded under this framework shall be published each year, with an indication of the amount of the assistance. Unchanged Article 9 1. Ú The 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. Ú Recipients 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. Ú Recipients 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 the Community are evaluated regularly. These by evaluations may be carried out by the Commission and by independent experts employed to this end. Article 11 1. Ú The 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 incomÜ patible with the objectives of the agreed implementing arrangements. C 390/30 EN Official Journal of the European Communities 15. 12. 98 ORIGINAL PROPOSAL AMENDED PROPOSAL 2. Ú If 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 satisÜ factory, the Commission may cancel the balance of financial assistance and demand that the sums already paid be refunded immediately. 3. Ú All 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. Ú Each year, the Commission shall report to the European Parliament and the implementation of this framework. the Council on to This report shall include the results of the evaluation of the actions, activities and projects carried out under this framework. 2. Ú By 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 implemenÜ 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. Consumer health and safety - Actions undertaken for the preparation and elaboration Unchanged of opinions of the Scientific Committees. - Expertise and inspections relating to controls in the food, veterinary and phytosanitary sectors. 15. 12. 98 EN Official Journal of the European Communities C 390/31 ORIGINAL PROPOSAL AMENDED PROPOSAL - Technical expertise to assess risks relating to products, notably for foodstuffs. - Making best use of scientific and technical elements relating to consumer protection actions, notably through the use of expertise of the Joint Research Centre. - Measures relating to consumer products causing danger - Measures relating to products and services causing to consumers. potential hazards and danger to consumers. - Dissemination of information about dangerous products and potential risks. - Dissemination of information about products and services and the potential hazards and risks associated with them. 2. Protecting the economic interests of consumers as regards products and services - Measures to improve co operation between the bodies Unchanged participating in market surveillance. - Measures 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. - Measures to ensure a level playing field in consumers transactions, - taking into account the impact of new technologies, and the development of financial services. - taking into account the impact of new technologies, the development of financial services and the impact of the Euro. - Measures to promote the transposition into national law and monitoring of compliance with existing Community legislation in the field of consumer protection. - Measures 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 - Improving information to consumers about their rights and how to enforce them and raising awarness of manuÜ facturers and consumers about safety aspects of products. - Improving information to consumers about their rights and responsibilities and how to enforce them and raising awareness about safety aspects of products and services. - Measures to encourage consumer access to and particiÜ pation in the information society. - Information to consumers concerning protection of privacy and personal data. C 390/32 EN Official Journal of the European Communities 15. 12. 98 ORIGINAL PROPOSAL AMENDED PROPOSAL - Dissemination among producers and consumers of knowledge about product safety. - Improvement of information and promoting consumer awareness of sustainable and environmentally sound patterns of consumption. Unchanged - Improving information to consumers about features of through services notably and specific products comparative testing. - Develop the education and training of consumers, particularly in schools. - The development of, and support for, European centres to cross border information and advice providing consumers in the Community. 4. Promotion and representation of the interests of consumers - Strengthening the representation of consumer interests at the European and international level. - Supporting consumer organisations in the Member States, notably where their means are limited. - Promotion and coordination of consumer participation at Unchanged the European level in standardisation. - Pilot projects promoting sustainable consumption models, notably those that are environmentally friendly. - Pilot projects promoting sustainable consumption models, 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 - Improving common extra judicial procedures. - The development of, and support for, measures aimed at facilitating access to justice inside the courts. - Measures to assess the specific risks and potential benefits for consumers in the information society including pilot projects systems establish applicable to the information society. cross border redress to - Measures to promote the protection of privacy and data protection. - The development of an overall framework to regulate unfair marketing practices