The European Parliament,

–   having regard to the Commission communication (COM(2002) 208 – C5&nbhy;0329/2002)(1),

–   having regard to the report from the Commission on the 'Action Plan for Consumer Policy 1999-2001' and on the 'General Framework for Community activities in favour of consumers 1999 - 2003' (COM(2001) 486),

–   having regard to Articles 95 and 153 of the EC Treaty,

–   having regard to Rule 47(1) of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinions of the Committee on Budgets, the Committee on Economic and Monetary Affairs, the Committee on Legal Affairs and the Internal Market and the Committee on Women's Rights and Equal Opportunities (A5&nbhy;0023/2003),

A.   whereas the proposed Consumer Policy Strategy represents a clear statement of three key overarching and strategic objectives; whereas it is regrettable, however, that its introduction has been delayed far beyond the Commission's practice in previous triennia,

B.   whereas this strategy understandably does not include food safety issues, which are the basis of a separate legislative strategy embodied in the agreed establishment of the European Food Safety Authority with its own Management Board and Executive Director; whereas it is regrettable that the lack of a permanent seat has caused additional budgetary constraints,

C.   welcoming the range of actions proposed in the Rolling Programme contained in the Annex, but reminding the Commission of the ambitious nature of previous action lists with deadlines that have not always been adhered to; stressing therefore the importance of a regular update and review of these proposed actions by the Commission, to be sent to the Council and European Parliament in the spirit of scrutiny and implementation now endorsed by both the Commission and Council,

D.   commending the Commission for concluding that completion of the Single Market is a priority, that obstacles to realising its full potential still remain, and that buying across borders widens consumer choice,

E.   whereas the consumer policy strategy should take greater account of social changes, such as the new age structure, the greater role of women and the integration of ethnic minorities,

F.   whereas consumer policy in the applicant countries should be improved and insufficient attention is paid to opportunities for consumers to protect their interests and to function as fully-fledged players in the market,

G.   whereas, although interest groups have an important role to play in shaping consumer policy, the balanced participation of women, young people, the elderly and cultural minorities should be better anchored in policy,

1.  Points out that the Strategy presented by the Commission goes four years beyond the period of the current legal basis, which expires at the end of 2003, and that the Commission will subsequently present a proposal for a new legal basis which include financial and budgetary provisions beyond 2003;

2.  Believes that it is problematic that the timeframe for the Strategy put forward runs to a different timetable than the legal basis and welcomes the Commission's statement to improve this situation; believes, however, that it is not sufficient to better coordinate the Strategy with the legal basis and calls on the Commission to align the timeframe of the two;

3.  Points out that the current financial perspective, establishing expenditure ceilings for different headings of the budget, is valid until 2006 and, therefore, the actions contained in the Strategy and in the forthcoming proposal for a new legal basis, should fit within that framework without restricting other policies under heading 3 (internal policies) of the budget;

4.  Recalls that if the actions contained in the Strategy, as and when included in the proposal for a new legal basis, should nevertheless go beyond the year 2006, the financial amounts will have to be confirmed either by an agreement on a new financial perspective or by annual budgetary decisions;

Objective 1 - 'A high common level of consumer protection'

5.  Reminds the Commission that the principle of minimum harmonisation for consumer protection policy is enshrined in the EC Treaty (Article 153 (5)) but that measures should promote and develop a high level of consumer protection (Article 153(1) of the EC Treaty);

6.  Strongly endorses the need for a high common level of consumer protection at the EU level, but notes concern over the uniform proposal to adapt existing EU consumer directives 'from minimum harmonisation to full harmonisation measures', and therefore stresses to the Commission that the suitability of minimum or maximum harmonising provisions be appropriately assessed when amending existing legislation, or developing new legislation, on a case by case basis;

7.  Urges the Commission to clarify and assess what proven national measures would be forfeited in any proposal that seeks to harmonise at a maximum level;

8.  Believes that harmonisation should not prevent Member States' legislations from going beyond the common level of consumer protection, provided these measures do not interfere with the principles laid down in the EC Treaty; as long as a high level of harmonised consumer protection is not in place, consumers should not be deprived of the protection offered by their own national laws;

9.  Calls on the Commission to decide on a case by case basis whether regulations should be used as the primary legal instrument for consumer protection legislation;

10.  Calls for serious reflection over any further use of the mutual recognition and country of origin principles without first effectively setting and enforcing a high common level of consumer protection at the EU level;

11.  Considers that a single definition of the main legal terms, such as "consumer", "consumer contract", etc. could contribute to coherent consumer legislation;

12.  Suggests that all legislation should take the definition of "consumer", as enshrined in the jurisprudence of the Court of Justice, as a starting point;

13.  Considers that any legislative proposal should respect the important criteria laid down in the Commission's better regulation package, more particularly:

14.  Considers that all legislative proposals should have a single underlying pattern; utmost importance should be given to the preparation of legal texts; as a result, the Commission must clearly identify the problems to be solved before seeking expert legal advice, securing proper consultation of the stakeholders and guaranteeing an efficient impact;

15.  Calls for legislation to be drafted on the legal basis provided by Articles 95 and 153 of the EC Treaty;

16.  Notes that Article 153 of the Treaty has only been used once as a legal basis for consumer protection legislation and asks the Commission to reflect on ways of ensuring its greater use;

17.  Supports the specific policy actions proposed within the framework of objective 1 and grants a particular priority to the following, either individually or as the intended consequence of framework directives;

18.  Calls on the Commission to guarantee universal and affordable access to high-quality services of general interest;

19.  Stresses the importance of a Single Market in retail financial services such as insurance, investments and banking being developed to the benefit of consumers;

20.  Calls for the establishment of a framework proposal on fair trading, which would contribute significantly to the further harmonisation of consumers' rights in the EU, and asks the Commission to present a legislative proposal for the framework directive as soon as possible;

21.  Urges the Commission to take all appropriate steps to initiate Community action to promote sustainable models of production and consumption;

22.  Calls on the Commission to raise the profile of Community ecolabels, so as to enable consumers to make informed choices, in the knowledge that they can consume products throughout the European Union which comply with the highest European environmental standards;

23.  Stresses the need to ensure that consumers are fully and reliably informed about GMOs and the products, foods and feed produced therefrom, so as to allow them to make an informed choice of product and gain confidence in GMO products and technology;

24.  Reiterates the call made in its resolution of 4 May 1999 on a Consumer Policy Action Plan 1999-2001(5), for the Commission to review and amend the existing EU Trademarks directive so as to ensure that it is not applied to the detriment of consumer prices and consumer choice;

25.  Reiterates its call, made in the aforementioned resolution of 4 May 1999, for the Commission to promote the adoption of internationally recognised basic consumer rights within the modus operandi of the WTO, thereby reconciling consumer interest with the desire for economic growth through free trade, and reminds the Commission that these basic rights are: safety, information, choice, representation, redress, education, satisfaction and a clean environment;

26.  Calls on the Commission to promote the use of labelling in the WTO as an instrument to ensure that consumers are informed of the origin and production method of products;

27.  Stresses the need for a pro-active policy from the Commission to ensure that the views of civil society are taken into account in the development of the EU's own input in international policy forums;

28.  Encourages the Commission to continue developing its knowledge and understanding of consumer attitudes throughout the EU and suggests that this could provide key evidence in shaping future policy initiatives;

29.  Points out that a key strand of consumer policy should be the maximisation of consumer choice;

30.  Emphasises the importance of the gender dimension as an integral part of consumer policy;

31.  Calls for greater attention to be paid to target groups such as women, young people, the elderly, ethnic minorities and, in particular, immigrant women, in the formulation of policy;

Objective 2 - 'Effective enforcement of consumer protection rules'

32.  Welcomes the emphasis placed by the Commission's communication on effective enforcement of consumer protection law, and encourages the Commission to concentrate on strengthening uniform enforcement of existing legislation before proposing additional rules that might bring about further legal uncertainty if applied unevenly;

33.  Notes that unequal enforcement of consumer protection rules amongst national jurisdictions may lead to considerable distortion of competition in certain sectors, and calls on the Commission to include a thorough survey of this aspect in its action plan;

34.  Urges the Commission to come forward with a legislative framework for the enforcement and the monitoring of cooperation between Member States, as a priority;

35.  Calls for a clear and transparent structure to be established for the annual reporting on progress in, and the enforcement of, consumer protection legislation;

36.  Welcomes the proposal to establish comprehensive data and information systems building upon the RAPEX and EHLASS systems, to provide accurate and comparable information on services and products and their effects on consumers; stresses that the maintenance of a data and information system must not be excessively complicated;

37.  Endorses the greater priority given to European Consumer Centres (ECC), calls for their opening in every Member State and candidate country as a key priority, and encourages greater publicity of the services they provide to consumers; stresses that the consumer centres must be adequately funded;

38.  Suggests that cooperation between ECC's and other networks such as EEJ-net and FIN-NET should be strengthened;

39.  Welcomes the fact that all candidate countries set to enter the EU in 2004 have adopted those parts of the acquis relating to consumer protection and have not requested transitional periods for implementation, but strongly urges the Commission to do its utmost in assisting the candidate countries in ensuring that the acquis is accurately and effectively enforced with all progress carefully monitored;

40.  Observes that consumer policy is lagging behind in the applicant countries and that insufficient attention is being devoted to the opportunity for consumers to play their full role in the market;

41.  Supports the Commission's intention to organise a special training seminar on enforcement of consumer policy with the candidate countries in the area of general product safety, and calls on the Commission to pursue similar initiatives for other consumer protection related directives (for example, those relating to the economic and legal interests of consumers);

42.  Welcomes the Commission's proposals concerning measures and timetables in the field of alternative dispute resolution, as referred to in Objective 2 – effective enforcement of consumer protection rules;

43.  Considers that the enforcement of consumer rights should take into account the different procedural laws of the Member States; anyhow, forms of alternative dispute resolution should be further promoted by means of a better cooperation between consumer organisations and Member States;

44.  Considers it necessary for consumer protection legislation to confer on competitors a status which is recognised in the legal order; considers that in legal proceedings concerning improper sales methods, competitors must be assured a right to speak and access to effective legal remedies;

45.  Asks the Commission to acknowledge the importance of protecting consumers from the dangers of passive smoking, and urges them to set an example by enforcing smoking restrictions within EU institutions and by encouraging the banning of smoking in public places;

46.  Suggests that regulatory impact assessments on proposed legislation should include assessment of the impact on consumers;

47.  Insists that countries that flout EU consumer protection laws should be more rapidly and thoroughly penalised;

48.  Considers that the mechanisms of the internal market operate effectively when consumer protection policy is based on Community rules, the implementation of which can also be monitored by scientific and analytical methods which do not allow fraud, the misleading of consumers or distortion of competition;

Objective 3 - 'Involvement of consumer organisations in EU policies'

49.  Suggests, in the context of the Commission's White Paper on European Governance(6), that guidelines should be established to distinguish bona fide consumer groups from those that masquerade as such whilst being funded by industrial interests. Therefore, basic requirements for consumer organisations, including safeguards for their internal transparency and democracy, should be established;

50.  Considers that better cooperation between consumer organisations and business interests should be created by establishing an organised dialogue at EU and Member State level;

51.  Considers that the Consumer Policy Strategy justifiably attaches great importance to the need for a more comprehensive, systematic and continuous effort to develop a suitable consumer knowledge base as an essential tool for policy makers; this will help ensure closer involvement of consumer organisations within the legislative process;

52.  Reiterates emphatically the call made in its aforementioned resolution of 4 May 1999, for the systematic integration and representation of consumer representatives in EU policy making;

53.  Calls upon the Commission and Member States to ensure and improve the representation of consumer interests in standardisation, at European, national and international level; suggests, in the case of the latter, that measures be taken to develop systematic and direct consumer participation in international standardisation bodies, complementing consumer representation as part of national delegations that are tied to national "consensus" positions often determined by industry;

54.  Calls, in connection with consumer protection through international institutions, particularly the WTO, for an on-going dialogue with consumer organisations to enable consumers to participate effectively in international standardisation;

55.  Encourages the Commission to continue and develop existing forums such as the EU Consumer Committee, Annual Assembly of consumer associations and the Trans Atlantic Consumer Dialogue;

56.  Notes with concern the results of the latest Internal Market Scoreboard which show that only 52% of EU consumers overall are fully aware of their rights under Internal Market legislation, and urges the Commission and the Member States to improve ways of informing consumers, thereby enabling them to become more empowered;

57.  Calls on the Commission to continue to promote the use of EU education programmes so as to heighten consumer awareness of consumer rights and responsibilities; stresses therefore, the importance of the swift implementation of on-line interactive educational tools which are readily accessible to all;

58.  Encourages the development of consumer information campaigns in all appropriate media and suggests that a proper evaluation is carried out after each campaign to ensure that consumers receive the information they need, when they need it;

59.  Calls for additional attention to be devoted to young people and information campaigns aimed at them, with the objective of preventing not only tobacco consumption but also, in particular, drug use and excessive consumption of alcohol;

60.  Stresses the need for continuous action in the training of personnel of consumer organisations through the responsible agencies in the Member States, for instance in the areas of general management, public relations and consumer law, and for consumer groups from Member States and candidate countries that do not have a traditionally strong basis of active and independent consumer action to be particularly targeted;

61.  Notes the findings of the Commission's 2002 progress report of the candidate countries (COM(2002) 700), which suggest that there is a need for assistance to the development of consumer organisations in some countries, including financial support which should form part of the 2004 budget, and strongly suggests that the integration of consumer organisations from the candidate countries into the EU Consumer Committee and all training courses for EU consumer organisations are some of the actions to be taken by the Commission in this regard;

62.  Calls for greater attention to be devoted to, and a specific programme targeted at, consumers and for independent organisations to be established in the applicant countries;

63.  Calls on the Commission to urgently come forward with a proposal to establish a new general framework for Community activities in favour of consumers;

New: Objective 4 - Integration of consumer protection objectives into all relevant EU policy areas

64.  Regrets the weakness with which this key horizontal objective is put forward by the Commission in its proposed Communication on Consumer Policy Priorities 2002 - 2006 and, given the importance of consumer policy in the daily life of all EU citizens, calls on the Commission to set as one of its key objectives, at the highest political level, the integration of consumer interests into all EU policy areas;

65.  Calls for discussions within the European Convention and subsequent IGC to address the need to reinforce Article 153 of the Treaty, by calling for the systematic integration of consumer policy into all EU policy areas, with particular reference to the needs of disadvantaged and vulnerable consumers;

66.  Draws attention to the important role played by consumer protection policy and consumer organisations in devising policies which ensure that a range of aspects, values and principles are put forward; considers that it is important to strengthen the involvement of women, particularly immigrant women, in these consumer organisations so as to achieve a better balance in the shaping of consumer policy;

67.  Urges the Commission to publish regular reports on the integration of consumer policy into other EU policies and encourages it to develop the inter-services group on consumer policy into a systematic consultation tool within the Commission;

68.  Records its disappointment with the Council's decision to restructure the Council dealing with consumer affairs by integrating it with Employment, Social Affairs and Public Health policy; regrets the absence of any consultation over this, and notes with disquiet the effect of this on the integration of consumer concerns in the development of the Internal Market where they will inevitably be subordinate;

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69.  Instructs its President to forward this resolution to the Council and Commission and the parliaments of the Member States.

(1) OJ C 137, 8.6.2002, p. 2. (2) OJ C 205, 25.7.1994, p. 163. (3) P5_TA(2002)0368. (4) P5_TA(2002)0514. (5) OJ C 279, 1.10.1999, p. 84. (6) OJ C 287, 12.10.2001, p. 1.