Decision 1926/2006 of 18 December 2006 establishing a programme of Community action in the field of consumer policy

DECISION No 1926/2006/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 18 December 2006

establishing a programme of Community action in the field of consumer policy (2007-2013)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- Coordination with other Community policies and

PEAN UNION, programmes is a key part of ensuring that consumer

interests are taken fully into account in other policies. In

order to promote synergies and avoid duplication, other

Community funds and programmes should provide for

Having regard to the Treaty establishing the European Com- financial support for the integration of consumer inter-

munity, and in particular Article 153 thereof, ests in their respective fields.

Having regard to the proposal from the Commission,

(4) This Decision lays down, for the entire duration of the

programme, a financial envelope constituting the prime

Having regard to the Opinion of the European Economic and reference, within the meaning of point 37 of the

Social Committee (1), Interinstitutional Agreement of 17 May 2006 between

the European Parliament, the Council and the Commis-

sion on budgetary discipline and sound financial manage-

ment (5), for the budgetary authority during the annual

Having regard to the opinion of the Committee of the budgetary procedure.

Regions (2),

Acting in accordance with the procedure laid down in (5) It is of general European interest that the health and

Article 251 of the Treaty (3), safety aspects of services and non-food products and the

economic and legal interests of citizens, as well as consu-

mers' interests in the development of standards for

products and services, be represented at Community

Whereas: level. Given the particular nature of the organisations

concerned, the renewal of Community support for the

functioning of such organisations should not be subject

to the principle of gradual decrease of the extent of Com-

(1) The Community can contribute to protecting the health, munity support.

safety and economic and legal interests of citizens

through actions in the field of consumer protection.

(2) It is therefore appropriate to establish a programme of (6) It is appropriate to ensure a transition between this

Community action in the field of consumer policy, repla- programme and the programme it replaces, in particular

cing Decision No 20/2004/EC of the European Parlia- regarding the continuation of multi-annual measures and

ment and of the Council of 8 December 2003 estab- the evaluation of the previous programme's successes and

lishing a general framework for financing Community areas that need more attention. As of 1 January 2014,

actions in support of consumer policy for the years 2004 the technical and administrative assistance appropriations

to 2007 (4). That Decision should therefore be repealed. should cover, if necessary, the expenditure related to the

management of actions not completed by the end of

2013.

(3) Integrating consumer interests in all Community policies,

in accordance with Article 153 of the Treaty, should be

given high priority, together with the consumer policy

objectives set out in this programme. (7) The measures necessary for the implementation of this

Decision should be adopted in accordance with Council

(1) OJ C 88, 11.4.2006, p. 1. Decision 1999/468/EC of 28 June 1999 laying down the

(2) OJ C 192, 16.8.2006, p. 8. procedures for the exercise of implementing powers

(3) Opinion of the European Parliament of 23 March 2006 (not yet conferred on the Commission (6).

published in the Official Journal), Common Position of the Council of

14 November 2006 (not yet published in the Official Journal) and Posi-

tion of the European Parliament of 12 December 2006. (5) OJ C 139, 14.6.2006, p. 1.

(4) OJ L 5, 9.1.2004, p. 1. Decision as amended by Decision No (6) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision No

786/2004/EC (OJ L 138, 30.4.2004, p. 7). 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

L 404/40 EN Official Journal of the European Union 30.12.2006

(8) Implementation of the programme should take into Article 2

account the fact that the internal market will not function

properly if consumers are less well protected in some

Member States than in others. The programme should Aim and objectives

therefore focus especially on consumer protection and

consumer awareness in the Member States which have

acceded on or after 1 May 2004, in order to ensure a 1. The aim of the Programme shall be to complement,

level playing field for all Member States. support and monitor the policies of the Member States and to

contribute to protecting the health, safety and economic and

(9) The Agreement on the European Economic Area (herein- legal interests of consumers, as well as to promoting their rights

after referred to as `the EEA Agreement') provides for to information, to education and to organise themselves in

cooperation in the field of consumer protection between order to safeguard their interests.

the European Community and its Member States, on the

one hand, and the countries of the European Free Trade

Association participating in the European Economic Area 2. The aim referred to in paragraph 1 shall be pursued

(hereinafter referred to as `the EFTA/EEA countries'), on through the following objectives:

the other. Provision should also be made to open the

programme to participation by other countries, in par- (a) to ensure a high level of consumer protection, notably

ticular the neighbouring countries of the European through improved evidence, better consultation and better

Union and countries which are applying for, are candi- representation of consumers' interests;

dates for, or are acceding to, membership of the Euro-

pean Union. (b) to ensure the effective application of consumer protection

rules, in particular through enforcement cooperation, infor-

(10) In the context of the implementation of the programme, mation, education and redress.

cooperation with third countries not participating in the

programme should be encouraged, taking into account These objectives shall be achieved through a combination of

any relevant agreements between those countries and the actions and instruments drawn from the list set out in Annex I

Community. according to the priorities set out in the annual work plan

referred to in Article 7(2)(a).

(11) The value and impact of the measures taken under the

programme should be regularly monitored and evaluated,

including by independent external evaluators. For the

purposes of evaluating consumer policy, measurable

objectives should be formulated and indicators devel- Article 3

oped.

Funding

(12) Since the objectives of this Decision cannot be suffi-

ciently achieved by the Member States due to the cross-

border nature of the issues involved, and can therefore by 1. The financial envelope for the implementation of the

reason of the greater potential of Community action effi- Programme for the period from 31 December 2006 to

ciently and effectively to protect the health, safety and 31 December 2013 is hereby set at EUR 156 800 000.

economic and legal interests of citizens be better achieved

at Community level, the Community may adopt measures

in accordance with the principle of subsidiarity as set out 2. Annual appropriations shall be authorised by the

in Article 5 of the Treaty. In accordance with the prin- budgetary authority within the limits of the financial frame-

ciple of proportionality, as set out in that Article, this work.

Decision does not go beyond what is necessary in order

to achieve those objectives,

Article 4

HAVE DECIDED AS FOLLOWS: Financial contributions

Article 1 1. Financial contributions by the Community shall not

exceed the following levels:

Establishment of the programme (a) 50 % of the costs of actions jointly financed by the Com-

munity and one or more Member States, or by the Com-

A programme of Community action in the field of consumer munity and the competent authorities of the third countries

policy covering the period from 31 December 2006 to participating pursuant to Article 8; except in the case of

31 December 2013, hereinafter referred to as `the Programme', actions of exceptional utility, the Community contribution

is hereby established. to the costs of which shall not exceed 70 %;

30.12.2006 EN Official Journal of the European Union L 404/41

(b) 85 % of the costs of actions intended to develop integrated publication actions, expenses linked to IT networks focusing on

European Master Degree courses in consumer issues; information exchange, together with all other technical and

administrative assistance expenses incurred by the Commission

consumer organisations;

2. The financial allocation for the Programme may also cover

(d) 95 % of expenditure for the functioning of European technical and administrative assistance expenses necessary to

consumer organisations representing consumer interests in ensure the transition between the Programme and the measures

the development of standards for products and services at adopted under Decision No 20/2004/EC. If necessary, appro-

Community level. priations may be entered in the budget beyond 2013 to cover

these expenses, to enable the management of actions not

2. Financial contributions by the Community may take the completed by 31 December 2013.

form of:

(a) scholarship grants for individual mobility of teachers and

students in the framework of integrated European Master Article 7

Degree courses in consumer issues. The management of

these grants may be entrusted to the Erasmus National

Agencies of the Life Long Learning programme; Implementation

(b) travel and subsistence allowances for the exchange of enfor-

cement officials. 1. The Commission shall be responsible for the implementa-

tion of the Programme.

3. The criteria for assessing whether actions exhibit excep-

tional utility within the meaning of paragraph 1(a) shall be Actions in pursuit of the aim and objectives set out in Article 2

established in advance in the annual work plan. Actions of shall make full use of appropriate available methods of imple-

exceptional utility shall benefit, in particular, consumers from mentation including, in particular, direct or indirect implemen-

Member States which acceded to the European Union on or tation by the Commission on a centralised basis.

after 1 May 2004.

2. The procedure referred to in Article 10(2) shall apply to

4. The renewal of financial contributions set out in para- the adoption of:

graphs 1(c) and 1(d) shall be exempted from the principle of

gradual decrease. (a) the annual work plan for the implementation of the

Programme, setting out;

5. For the purposes of paragraphs 1 and 2, financial contri-

butions by the Community may also be given in the form of - priorities and actions to be undertaken, including the

flat-rate or lump sum financing where this is suited to the allocation of financial resources,

nature of the actions concerned as defined in the annual work

plan. In the case of flat-rate or lump sum financing, the percen- - selection and award criteria and criteria for the percen-

tage limits provided for in paragraph 1 shall not apply, although tage of Community financial contributions,

co-financing is still required. - use made of flat rate and lump sum financing, and

- the planned timing of calls for tenders, joint actions and

calls for proposals;

Article 5

(b) the arrangements, including selection and award criteria, for

Beneficiaries the implementation of the actions referred to in Article 4(1)

(a).

The classes of beneficiaries eligible for the financial contribu- 3. The Commission shall inform the Committee referred to

tions established in Article 4 are set out in Annex II. in Article 10 of the actions undertaken in the implementation

of the Programme.

Article 6

Article 8

Administrative and technical assistance

Participation of third countries

1. The financial allocation for the Programme may also cover

expenses pertaining to preparatory, monitoring, control, audit The Programme shall be open to the participation of:

and evaluation activities which are required directly for the

management of the Programme and the achievement of its (a) the EFTA/EEA countries, in accordance with the conditions

objectives; in particular, studies, meetings, information and established in the EEA Agreement;

L 404/42 EN Official Journal of the European Union 30.12.2006

(b) third countries, in particular countries to which the Euro- Article 10

pean Neighbourhood Policy applies, countries that are

applying for, are candidates for, or are acceding to, member- Committee procedure

ship of the European Union, and the western Balkan coun-

tries included in the stabilisation and association process, in 1. The Commission shall be assisted by a Committee.

accordance with the conditions laid down in the respective 2. Where reference is made to this paragraph, Articles 3 and

bilateral or multilateral agreements with those countries 7 of Decision 1999/468/EC shall apply, having regard to the

establishing the general principles for their participation in provisions of Article 8 thereof.

Community programmes. 3. The Committee shall adopt its rules of procedure.

Article 9

Article 11

Monitoring, evaluation and dissemination of results

Repeal

1. The Commission, in close cooperation with the Member

States, shall monitor the implementation of the actions of the Decision No 20/2004/EC is hereby repealed.

Programme in the light of its objectives. It shall report thereon

to the Committee referred to in Article 10, and shall keep the Article 12

European Parliament and the Council informed thereof.

Entry into force

2. At the request of the Commission, Member States shall

submit to it information on the implementation and impact of This Decision shall enter into force on the day following that of

the Programme. its publication in the Official Journal of the European Union.

3. The Commission shall ensure that the Programme is evalu-

ated three years after its start, and following its end. The

Commission shall communicate the results of those evaluations, Done at Brussels, 18 December 2006.

accompanied by its comments, to the European Parliament, the

Council, the European Economic and Social Committee and the

Committee of the Regions. For the European Parliament For the Council

The Commission shall make the results of actions undertaken The President The President

pursuant to this Decision publicly available. J. BORRELL FONTELLES J.-E. ENESTAM

30.12.2006 EN Official Journal of the European Union L 404/43

ANNEX I

ACTIONS AND INSTRUMENTS REFERRED TO IN ARTICLE 2

Objective I

To ensure a high level of consumer protection, notably through improved evidence, better consultation and better repre-

sentation of consumers' interests.

Action 1

The collection, exchange, and analysis of data and information that provide an evidence base for the development of

consumer policy and for the integration of consumer interests in other Community policies, including:

1.1. Monitoring and assessment of market developments with an impact on the economic and other interests of consu-

mers, including studies, price surveys, surveys of changes in the structure of markets, surveys of consumers and busi-

ness, collection and analysis of consumer complaints, collection and analysis of data on cross-border business-to-

consumer trade and markets.

1.2. Development and maintenance of databases.

1.3. Collection and analysis of statistical and other relevant evidence, the statistical element of which will be developed

using as appropriate the Community Statistical Programme.

Action 2

The collection, exchange, analysis of data and information, and development of assessment tools that provide an evidence

base on the safety of consumer goods and services, including consumer exposure to chemicals released from products,

risks and injuries in relation to specific consumer products and services, and technical analysis of alert notifications.

Action 3

Support for scientific advice and risk evaluation, including the tasks of the independent scientific committees established

by Commission Decision 2004/210/EC of 3 March 2004 setting up Scientific Committees in the field of consumer safety,

public health and the environment (1).

Action 4

Preparation of legislative and other regulatory initiatives and promotion of co-regulatory and self-regulatory initiatives,

including:

4.1. Legal and technical expertise, including studies, in relation to regulation and its impact.

4.2. Legal and technical expertise, including studies, in relation to policy development on the safety of products and

services and the economic and legal interests of consumers.

4.3. Legal and technical expertise, including studies, in relation to assessment of the need for product safety standards

and the drafting of standardisation mandates for products and services.

4.4. Seminars, conferences, workshops and meetings of stakeholders and experts.

Action 5

Financial contributions to the functioning of European consumer organisations.

Action 6

Financial contributions to the functioning of European consumer organisations representing consumer interests in the

development of standards for products and services at Community level.

Action 7

Capacity building for regional, national and European consumer organisations, notably through training and exchange of

best practice and expertise for staff members, in particular for consumer organisations in Member States which acceded to

the European Union on or after 1 May 2004.

(1) OJ L 66, 4.3.2004, p. 45.

L 404/44 EN Official Journal of the European Union 30.12.2006

Objective II

To ensure the effective application of consumer protection rules, in particular through enforcement cooperation, informa-

tion, education and redress.

Action 8

Actions to improve the effective application of Community consumer protection legislation, in particular Directive

2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1) and Regu-

lation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between

national authorities responsible for the enforcement of consumer protection laws (2), including:

8.1. Actions to improve the coordination of monitoring and enforcement and to improve cooperation between compe-

tent authorities, including the development and maintenance of IT tools (e.g. databases, information and communica-

tion systems) and the organisation of seminars, conferences, workshops and meetings of stakeholders and experts on

enforcement, exchanges of enforcement officials and training, also for members of the judiciary.

8.2. Monitoring and assessment of the safety of non-food products and services, including the reinforcement and exten-

sion of the scope and operation of the RAPEX alert system, taking developments in market surveillance information

exchange into account, and the further development of the consumer product safety network as provided for in

Directive 2001/95/EC.

8.3. Joint monitoring and enforcement actions and other actions in the context of administrative and enforcement coop-

eration.

8.4. Actions for administrative and enforcement cooperation with third countries which are not participating in the

programme.

Action 9

Legal and technical expertise, including studies, for the monitoring and assessment of the transposition, implementation

and enforcement of consumer protection legislation by Member States, notably Directive 2005/29/EC of the European

Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the

internal market (3) and Regulation (EC) No 2006/2004. This also includes the development and maintenance of easily and

publicly accessible databases covering the implementation of Community consumer protection legislation.

Action 10

Actions on information, advice and redress, including:

10.1. Monitoring the functioning of alternative dispute resolution schemes and assessing their impact.

10.2. Financial contributions for joint actions with public or non-profit bodies constituting Community networks which

provide information and assistance to consumers to help them exercise their rights and obtain access to appropriate

dispute resolution (the European Consumer Centres Network).

10.3. Actions improving communication with EU citizens on consumer issues, especially in Member States which

acceded to the European Union on or after 1 May 2004, including publications on issues of interest for consumer

policy, provision of information on-line, and actions providing information about consumer protection measures

and consumer rights.

Action 11

Actions on consumer education, including:

11.1. Specific actions targeted at young consumers, old consumers and vulnerable groups of consumers who are clearly

less able to defend their interests, and the development of interactive tools for consumer education.

11.2. Financial contributions to the development of integrated European Master Degree courses in consumer issues,

including a scheme of scholarships enabling students to spend up to six months in a different country.

(1) OJ L 11, 15.1.2002, p. 4.

(2) OJ L 364, 9.12.2004, p. 1. Regulation as amended by Directive 2005/29/EC (OJ L 149, 11.6.2005, p. 22).

(3) OJ L 149, 11.6.2005, p. 22.

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ANNEX II

BENEFICIARIES ELIGIBLE FOR THE FINANCIAL CONTRIBUTIONS ESTABLISHED IN ARTICLE 4

1. The financial contributions for actions referred to in Article 4(1)(a) may be awarded to a public body or a non-profit-

making body designated through a transparent procedure by the Member State or the competent authority concerned

and agreed by the Commission.

2. The financial contributions for actions referred to in Article 4(1)(b) may be awarded to higher education institutions of

the Member States or third countries participating pursuant to Article 8, as defined in Article 2 of Decision No

2317/2003/EC of the European Parliament and of the Council of 5 December 2003 establishing a programme for the

enhancement of quality in higher education and the promotion of intercultural understanding through cooperation

with third countries (Erasmus Mundus) (2004-2008) (1).

3. The financial contributions for actions referred to in Article 4(2)(a) may be awarded to students and teachers partici-

pating in the integrated European Master Degree courses in consumer issues benefiting from co-financing under

Article 4(1)(b).

4. The financial contributions for actions referred to in Article 4(2)(b) may be awarded to the consumer protection enfor-

cement officials referred to in Regulation (EC) No 2006/2004 and Directive 2001/95/EC.

5. The financial contributions for actions referred to in Article 4(1)(c) may be awarded to European consumer organisa-

tions which:

(a) are non-governmental, non-profit making, independent of industry, commercial and business or other conflicting

interests, and have as their primary objectives and activities the promotion and protection of the health, safety and

economic and legal interests of consumers in the Community;

(b) have been mandated to represent the interests of consumers at Community level by national consumer organisa-

tions in at least half of the Member States that are representative, in accordance with national rules or practice, of

consumers and are active at regional or national level; and

6. The financial contributions for actions referred to in Article 4(1)(d) may be awarded to European consumer organisa-

tions which:

(a) are non-governmental, non-profit-making, independent of industry, commercial and business or other conflicting

interests, and have as their primary objectives and activities to represent consumer interests in the standardisation

process at Community level;

(b) have been mandated in at least two thirds of the Member States to represent the interests of consumers at Com-

munity level:

- by bodies representative, in accordance with national rules or practice, of national consumer organisations in

the Member States, or

- in the absence of the bodies, referred to in the first indent, by national consumer organisations in the

Member States that are representative, in accordance with national rules or practice, of consumers and are

active at national level;

(1) OJ L 345, 31.12.2003, p. 1.