Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | IMCO | LEHTINEN Lasse ( PSE) | |
Committee Opinion | FEMM | HEDH Anna ( PSE) | |
Committee Opinion | ECON | MONTORO ROMERO Cristobal ( PPE-DE) | |
Committee Opinion | JURI | WALLIS Diana ( ALDE) |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
Events
The purpose of this Staff Working Document is to present the conclusions of the evaluation of i) the ex-post evaluation of the 2004-2007 Programme of Community Action in the field of consumer protection; ii) the mid-term evaluation of the 2007-2013 Consumer Policy Strategy (hereafter the "Strategy"); and iii) the mid-term evaluation of the 2007-2013 Programme of Community Action in the field of consumer protection (hereafter the "Programme"). The Programme is the financial framework for funding actions necessary to achieve the objectives set by the Strategy.
Three main sources of data have been used in carrying out these evaluations: i) a literature review, ii) collection of numerical data and iii) consultations with key stakeholders in Parliament, the Commission services, EU and national organisations representing stakeholder interests and Member State authorities.
The evaluation stresses the added value of the Strategy and Programmes and highlights that the actions under the Strategy and Programmes contribute to the Europe 2020 objective of a smart, sustainable and inclusive growth.
The Programmes and the Strategy have been increasingly successful in the integration of consumer policy into EU policies. The report suggests pursuing efforts in this field and addressing emerging challenges such as issues linked to digitalisation, moving towards more sustainable patterns of consumption and taking into account the vulnerability caused by the crisis.
Consumer market monitoring, through the Consumer Market Scoreboard and in-depth studies, has played a key role in supporting consumer policy. On product safety, coordination has increased between market surveillance authorities. The report shows the merit of further strengthening surveillance and enforcement through RAPEX, pursuing the efforts aimed at addressing the international dimension of the safety of products and capitalising on the use of new technologies, pursuing the efforts aimed at addressing the international dimension of the safety of products and capitalising on the use of new technologies.
The European Parliament adopted by 438 votes to 84, with 166 abstentions, a resolution in response to the Commission’s Communication on the EU Consumer Policy strategy 2007-2013.
The own initiative report had been tabled for consideration in plenary by Lasse LEHTINEN (PES, FI) on behalf of the Committee on Internal Market and Consumer Protection.
MEPs take the view that a horizontal approach to consumer policy is necessary and that it is vital to take the consumer's interest into account in all relevant policy areas in order to ensure that all EU consumers enjoy a high level of protection. They remind the Commission, in this respect, that consumer policy should be present in all policy areas as early as the stage of the impact assessment.
Regarding the review of the consumer acquis on consumer protection, the parliamentary committee recalls its preference for the adoption of a mixed approach , i.e. a horizontal instrument with the primary goal of ensuring the coherence of existing legislation and enabling loopholes to be closed by grouping together, in consistent law, cross-sectoral issues common to all directives. Therefore, specific questions should continue to be considered separately in the sectoral directives.
MEPs deplore the weak emphasis on the law of contract in consumer protection. They call for the removal of all remaining barriers and obstacles in order to secure consumer confidence in cross-border purchases and contracts, particularly concerning services.
Emphasising the important role played by consumer organisations in improving consumer culture, MEPs call on the Commission and the Member States to provide adequate funding for such organisations. They also encourage the Commission to continue to support consumers' rights in relation to product safety by ensuring the integrity of the CE marking and improving market surveillance at all appropriate national levels, using the RAPEX (Rapid Alert System for non-food consumer products).
Improved knowledge base: MEPs call for an increased focus on genuine consumer behaviour, while taking into account special needs of vulnerable groups such as children and elderly people and people with certain disabilities. Special focus should also be given to equip consumers with the skills and tools needed to increase their confidence in the digital environment. In this respect, data protection and privacy rules should be included in any consumer strategy. According to MEPs, consumer protection should be an integral part of the processes of the planning and design of products and services by undertakings, and it is therefore vital to examine market change.
Noting that financial, banking and insurance markets are particularly open to e-commerce, MEPs urge the Commission and the Member States to ensure more favourable conditions for the development of the cross-border e-purchase. The Commission is called upon to conduct a study on the different mechanisms for solving disagreements between consumers and enterprises used in the Member States, with the aim to identify and promote the use of the effective ones.
MEPs call for measures to improve dialogue at EU level between consumer organisations and industry, to include all actors in the value chain. Furthermore, they underline the fact that the development of a consumer culture is assisted by the systematic education of consumers as regards their rights and the assertion thereof.
Enhanced focus on services : the report highlights the importance of promoting cross-border transactions in order to increase freedom of choice and the role of competition policy and education about responsible consumption. MEPs stress that enhanced liberalisation of the services market in particular is needed to promote competition, thus offering lower prices for consumers.
Special attention is needed to ensure consumer protection and choice in the completion of the internal market for financial services. In this respect, the report stresses that financial, banking and insurance products are extremely complex. MEPs believe that if citizens are to be encouraged to increase their use of those products, especially when dealing with their future pensions, binding policies favouring consumer information and advice should ensure that consumers are aware of all the options available. They stress, however, that consumer protection cannot be an excuse for protectionism.
In relation to financial markets , MEPs recommend strengthening uniform enforcement of existing legislation before proposing additional rules.
Improved access to redress: MEPs take the view that disputes between consumers and economic operators should primarily be settled out of court, which necessitates strengthening the European Consumers Centres and SOLVIT and greater financial resources for their network. The Commission is called upon to explore the merits of establishing a special European Consumer Ombudsman in the European Ombudsman's office and MEPs support the proposal for consumer liaison officers to be appointed within the Commission.
The resolution recalls that the Community is not competent to prescribe rules for national procedural law. The specific features of national legal systems must as far as possible be taken into account by leaving Member States free to choose between different options having equivalent effect. MEPs highlight that, in a number of Member States, there are constitutional constraints that have to be taken into account when it comes to designing a European model for consumer redress.
The Commission is called upon to carefully assess, in consultation with the Parliament, the issue of consumer redress, bearing in mind the following considerations:
that any new proposals by the Commission in the area of consumer redress should be based on a thorough examination of existing problems, if any, and the envisaged benefits for consumers; that in respect of cross-border proceedings and possible systems of collective redress, extensive research should be carried out into systems of collective redress, drawing on experience around the world, with special regard to the concerns expressed at the excesses and drawbacks of the US model and at the possible lack of a legal base for such an instrument at EU level.
The Committee on the Internal Market and Consumer Protection adopted the own initiative report by Lasse LEHTINEN (PES, FI), in response to the Commission’s Communication on the EU Consumer Policy strategy 2007-2013.
MEPs take the view that a horizontal approach to consumer policy is necessary and that it is vital to take the consumer's interest into account in all relevant policy areas in order to ensure that all EU consumers enjoy a high level of protection. They remind the Commission, in this respect, that consumer policy should be present in all policy areas as early as the stage of the impact assessment.
Regarding the review of the consumer acquis on consumer protection, the parliamentary committee recalls its preference for the adoption of a mixed approach , i.e. a horizontal instrument with the primary goal of ensuring the coherence of existing legislation and enabling loopholes to be closed by grouping together, in consistent law, cross-sectoral issues common to all directives. Therefore, specific questions should continue to be considered separately in the sectoral directives.
MEPs deplore the weak emphasis on the law of contract in consumer protection. They call for the removal of all remaining barriers and obstacles in order to secure consumer confidence in cross-border purchases and contracts, particularly concerning services.
Emphasising the important role played by consumer organisations in improving consumer culture, MEPs call on the Commission and the Member States to provide adequate funding for such organisations. They also encourage the Commission to continue to support consumers' rights in relation to product safety by ensuring the integrity of the CE marking and improving market surveillance at all appropriate national levels, using the RAPEX (Rapid Alert System for non-food consumer products).
Improved knowledge base : MEPs call for an increased focus on genuine consumer behaviour, while taking into account special needs of vulnerable groups such as children and elderly people and people with certain disabilities. Special focus should also be given to equip consumers with the skills and tools needed to increase their confidence in the digital environment. In this respect, data protection and privacy rules should be included in any consumer strategy.
Noting that financial, banking and insurance markets are particularly open to e-commerce, MEPs urge the Commission and the Member States to ensure more favourable conditions for the development of the cross-border e-purchase. The Commission is called upon to conduct a study on the different mechanisms for solving disagreements between consumers and enterprises used in the Member States, with the aim to identify and promote the use of the effective ones.
MEPs call for measures to improve dialogue at EU level between consumer organisations and industry, to include all actors in the value chain. Furthermore, they underline the fact that the development of a consumer culture is assisted by the systematic education of consumers as regards their rights and the assertion thereof.
Enhanced focus on services : the report highlights the importance of promoting cross-border transactions in order to increase freedom of choice and the role of competition policy and education about responsible consumption. They stress that enhanced liberalisation of the services market in particular is needed to promote competition, thus offering lower prices for consumers.
Special attention is needed to ensure consumer protection and choice in the completion of the internal market for financial services. In this respect, the report stresses that financial, banking and insurance products are extremely complex. MEPs believe that if citizens are to be encouraged to increase their use of those products, especially when dealing with their future pensions, binding policies favouring consumer information and advice should ensure that consumers are aware of all the options available. They stress, however, that consumer protection cannot be an excuse for protectionism.
In relation to financial markets, MEPs recommend strengthening uniform enforcement of existing legislation before proposing additional rules.
Improved access to redress : MEPs take the view that disputes between consumers and economic operators should primarily be settled out of court, which necessitates strengthening the European Consumers Centres and SOLVIT and greater financial resources for their network. The Commission is called upon to explore the merits of establishing a special European Consumer Ombudsman in the European Ombudsman's office.
The report recalls that the Community is not competent to prescribe rules for national procedural law. The specific features of national legal systems must as far as possible be taken into account by leaving Member States free to choose between different options having equivalent effect. MEPs highlight that, in a number of Member States, there are constitutional constraints that have to be taken into account when it comes to designing a European model for consumer redress.
The Commission is called upon to carefully assess the issue of consumer redress, bearing in mind the following considerations:
that any new proposals by the Commission in the area of consumer redress should be based on a thorough examination of existing problems, if any, and the envisaged benefits for consumers; that in respect of cross-border proceedings and possible systems of collective redress, extensive research should be carried out into systems of collective redress, drawing on experience around the world, with special regard to the concerns expressed at the excesses and drawbacks of the US model and at the possible lack of a legal base for such an instrument at EU level.
PURPOSE: to propose an EU Consumer Policy strategy 2007-2013.
BACKGROUND: the place of EU consumer policy will be at the heart of the next phase of the internal market, as set out in the Commission’s communication to the 2007 Spring European Council on the Single Market Review (COM(2007)0060). The 493 million EU consumers are central to the three main challenges facing the EU: growth, jobs and the need to re-connect with our citizens. The internal market has the potential to be the largest retail market in the world. Today, it remains largely fragmented along national lines, forming 27 mini-markets instead. The advent of the e-commerce revolution, which has still not reached critical mass, has transformed the potential for integration of retail markets in the EU to give a major stimulus to competitiveness and expand the opportunities for EU citizens.
This is an ambitious agenda for a relatively young EU policy. In the period 2007-2013, consumer policy is uniquely well placed to help the EU rise to the challenges of growth and jobs and re-connecting with its citizens. The EU will know if it has succeeded if by 2013 it can credibly demonstrate to all EU citizens that they can shop from anywhere in the EU, from corner-shop to website, confident they are equally effectively protected, whether from dangerous products or rogue traders; and to be able to demonstrate to all retailers, but especially SMEs, that they can sell anywhere on the basis of a single, simple set of rules.
In April 2005 the Commission adopted a joint strategy for health and consumer policy from 2007-2013 ( COD/2005/0042B ). In order to respond to a demand from stakeholders, the Council and European Parliament, this strategy develops the strategy for consumer policy further. An analysis of the main outcomes of the Consumer Policy Strategy 2002-2006 together with an Impact Assessment are set out in staff working papers.
CONTENT : the consumer policy strategy (2007-2013) seeks to establish equal levels of security and protection throughout the European Union (EU), as well as a more integrated internal market, through the following objectives:
empower EU consumers : putting consumers in the driving seat benefits citizens but also boosts competition significantly. Empowered consumers need real choices, accurate information, market transparency and the confidence that comes from effective protection and solid rights; enhance EU consumers’ welfare in terms of price, choice, quality, diversity, affordability and safety : consumer welfare is at the heart of well-functioning markets. protect consumers effectively from the serious risks and threats that they cannot tackle as individuals : a high level of protection against these threats is essential to consumer confidence.
In achieving these three objectives the Commission will be guided by the relevant articles of the Treaty which are also reflected in the operational objectives of the new consumer financial programme 2007-2013 which sets out the legal framework for EU consumer policy expenditure in the period covered by the strategy:
to ensure a high level of consumer protection through a simple legal framework, improved evidence, better consultation and better representation of consumers’ interests; to ensure the effective application of the rules notably through enforcement cooperation, information, education and redress.
These objectives reflect a high degree of continuity with previous EU consumer policy goals. 2007-2013 will however see a change in gear from the past and different priorities for action:
better monitoring of consumer markets and national consumer policies; better consumer protection regulation; enhancing product safety through the development of market monitoring tools; putting consumers at the heart of other EU policies; better informed and educated consumers, for example through strengthening the role of the European Consumer Centres.
Before March 2011 the Commission will produce a mid-term report and before December 2015 an ex-post evaluation report.
PURPOSE: to propose an EU Consumer Policy strategy 2007-2013.
BACKGROUND: the place of EU consumer policy will be at the heart of the next phase of the internal market, as set out in the Commission’s communication to the 2007 Spring European Council on the Single Market Review (COM(2007)0060). The 493 million EU consumers are central to the three main challenges facing the EU: growth, jobs and the need to re-connect with our citizens. The internal market has the potential to be the largest retail market in the world. Today, it remains largely fragmented along national lines, forming 27 mini-markets instead. The advent of the e-commerce revolution, which has still not reached critical mass, has transformed the potential for integration of retail markets in the EU to give a major stimulus to competitiveness and expand the opportunities for EU citizens.
This is an ambitious agenda for a relatively young EU policy. In the period 2007-2013, consumer policy is uniquely well placed to help the EU rise to the challenges of growth and jobs and re-connecting with its citizens. The EU will know if it has succeeded if by 2013 it can credibly demonstrate to all EU citizens that they can shop from anywhere in the EU, from corner-shop to website, confident they are equally effectively protected, whether from dangerous products or rogue traders; and to be able to demonstrate to all retailers, but especially SMEs, that they can sell anywhere on the basis of a single, simple set of rules.
In April 2005 the Commission adopted a joint strategy for health and consumer policy from 2007-2013 ( COD/2005/0042B ). In order to respond to a demand from stakeholders, the Council and European Parliament, this strategy develops the strategy for consumer policy further. An analysis of the main outcomes of the Consumer Policy Strategy 2002-2006 together with an Impact Assessment are set out in staff working papers.
CONTENT : the consumer policy strategy (2007-2013) seeks to establish equal levels of security and protection throughout the European Union (EU), as well as a more integrated internal market, through the following objectives:
empower EU consumers : putting consumers in the driving seat benefits citizens but also boosts competition significantly. Empowered consumers need real choices, accurate information, market transparency and the confidence that comes from effective protection and solid rights; enhance EU consumers’ welfare in terms of price, choice, quality, diversity, affordability and safety : consumer welfare is at the heart of well-functioning markets. protect consumers effectively from the serious risks and threats that they cannot tackle as individuals : a high level of protection against these threats is essential to consumer confidence.
In achieving these three objectives the Commission will be guided by the relevant articles of the Treaty which are also reflected in the operational objectives of the new consumer financial programme 2007-2013 which sets out the legal framework for EU consumer policy expenditure in the period covered by the strategy:
to ensure a high level of consumer protection through a simple legal framework, improved evidence, better consultation and better representation of consumers’ interests; to ensure the effective application of the rules notably through enforcement cooperation, information, education and redress.
These objectives reflect a high degree of continuity with previous EU consumer policy goals. 2007-2013 will however see a change in gear from the past and different priorities for action:
better monitoring of consumer markets and national consumer policies; better consumer protection regulation; enhancing product safety through the development of market monitoring tools; putting consumers at the heart of other EU policies; better informed and educated consumers, for example through strengthening the role of the European Consumer Centres.
Before March 2011 the Commission will produce a mid-term report and before December 2015 an ex-post evaluation report.
Documents
- Follow-up document: EUR-Lex
- Follow-up document: SEC(2011)0414
- Commission response to text adopted in plenary: SP(2008)4116
- Commission response to text adopted in plenary: SP(2008)3593/2
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T6-0211/2008
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, single reading: A6-0155/2008
- Committee report tabled for plenary: A6-0155/2008
- Committee opinion: PE400.486
- Amendments tabled in committee: PE400.643
- Committee opinion: PE398.541
- Committee opinion: PE398.421
- Committee draft report: PE398.699
- Debate in Council: 2820
- Document attached to the procedure: SEC(2007)0322
- Document attached to the procedure: EUR-Lex
- Non-legislative basic document: COM(2007)0099
- Non-legislative basic document: EUR-Lex
- Document attached to the procedure: SEC(2007)0323
- Document attached to the procedure: EUR-Lex
- Follow-up document: SEC(2007)0321
- Follow-up document: EUR-Lex
- Non-legislative basic document published: COM(2007)0099
- Non-legislative basic document published: EUR-Lex
- Non-legislative basic document: COM(2007)0099 EUR-Lex
- Document attached to the procedure: SEC(2007)0323 EUR-Lex
- Follow-up document: SEC(2007)0321 EUR-Lex
- Document attached to the procedure: SEC(2007)0322 EUR-Lex
- Committee draft report: PE398.699
- Committee opinion: PE398.421
- Committee opinion: PE398.541
- Amendments tabled in committee: PE400.643
- Committee opinion: PE400.486
- Committee report tabled for plenary, single reading: A6-0155/2008
- Commission response to text adopted in plenary: SP(2008)3593/2
- Commission response to text adopted in plenary: SP(2008)4116
- Follow-up document: EUR-Lex SEC(2011)0414
Activities
- Lasse LEHTINEN
Plenary Speeches (3)
- Colm BURKE
Plenary Speeches (1)
- Charlotte CEDERSCHIÖLD
Plenary Speeches (1)
- Gabriela CREȚU
Plenary Speeches (1)
- Magor Imre CSIBI
Plenary Speeches (1)
- Hanne DAHL
Plenary Speeches (1)
- Małgorzata HANDZLIK
Plenary Speeches (1)
- Gábor HARANGOZÓ
Plenary Speeches (1)
- Joel HASSE FERREIRA
Plenary Speeches (1)
- Malcolm HARBOUR
Plenary Speeches (1)
- Anna HEDH
Plenary Speeches (1)
- Piia-Noora KAUPPI
Plenary Speeches (1)
- Sergej KOZLÍK
Plenary Speeches (1)
- Alexander Graf LAMBSDORFF
Plenary Speeches (1)
- Roselyne LEFRANÇOIS
Plenary Speeches (1)
- Vincent PEILLON
Plenary Speeches (1)
- Zita PLEŠTINSKÁ
Plenary Speeches (1)
- Hans-Gert PÖTTERING
Plenary Speeches (1)
- Zuzana ROITHOVÁ
Plenary Speeches (1)
- Leopold Józef RUTOWICZ
Plenary Speeches (1)
- Katrin SAKS
Plenary Speeches (1)
- Eva-Britt SVENSSON
Plenary Speeches (1)
- Silvia-Adriana ȚICĂU
Plenary Speeches (1)
- Bernadette VERGNAUD
Plenary Speeches (1)
- Diana WALLIS
Plenary Speeches (1)
Votes
Rapport Lehtinen A6-0155/2008 - par. 34 #
Rapport Lehtinen A6-0155/2008 - par. 37 #
Rapport Lehtinen A6-0155/2008 - par. 39 #
Rapport Lehtinen A6-0155/2008 - am. 3/1 #
Rapport Lehtinen A6-0155/2008 - am. 3/2 #
Rapport Lehtinen A6-0155/2008 - résolution #
Amendments | Dossier |
7 |
2007/2189(INI)
2008/03/04
JURI
7 amendments...
Amendment 1 #
Draft opinion Paragraph 3 – introductory part 3. Urges the Commission to
Amendment 2 #
Draft opinion Paragraph 3 – indent 2 a (new) - safeguarding effective enforcement of rights originating from Community legislation is principally an obligation of Member States. They bear the responsibility to adapt their national (procedural) law in such a way that these rights are readily enforceable, to the benefit of consumers and economic operators. First of all, the Community is not competent to prescribe rules for national procedural law. Moreover, Article 5 of the Treaty requires the Community not to go beyond what is necessary to achieve the objectives of the Treaty; consequently, in accordance with that Article, the specific features of national legal systems must as far as possible be taken into account by leaving Member States free to choose between different options having equivalent effect;
Amendment 3 #
Draft opinion Paragraph 3 – indent 3 Amendment 4 #
Draft opinion Paragraph 3 – indent 3 - it should be recalled that ADR systems are, by their nature, an alternative solution to traditional black-letter law mechanisms; the incentive to use ADR is therefore dependent on the existence of hard-law alternatives that provide effective, readily accessible and non-discriminatory redress for the consumer
Amendment 5 #
Draft opinion Paragraph 3 – indent 4 - the Commission's approach to consumer redress is
Amendment 6 #
Draft opinion Paragraph 3 – indent 5 - extensive research should be done into systems of collective redress, drawing on experience around the world, with
Amendment 7 #
Draft opinion Paragraph 3 – indent 5 a (new) -having regard to the widespread debates about so-called representative actions, extensive research and studies are still needed on this subject, there are doubts about the legislative competence of the EU and procedures similar to those which exist in the US should be rejected;
source: PE-402.832
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