European Common Policies Prepared by Dr. Endre Domonkos (PhD) 2013/2014. Academic Year, Spring Semester

I. The evolution and the operating of consumer policy I. The Treaty of Rome didn’t enshrine consumer protection as community policy. It was not until the Paris summit in 1972 that the Heads of State or Government first called for the development of a Community- level policy of consumer protection. As a result, in 1975, the Commission adopted the first action programme on consumer policy in compliance with the Council’s decision. The programme set out the five fundamental principles, which became the basis for Community legislation in this area.

I. The evolution and the operating of consumer policy II. The five principles were the followings: - The right to the protection of health and safety; - The right to the protection of economic interests; - The right to damages; - The right to information and education; - The right to representation. The Committee, which was set up by the Member States in 1973, was called the European Consumer Consultative Group.

I. The evolution of and the operating of consumer policy III. As a result of the first Action Programme, Community legislation on consumer protection was put in place. It was not until the Single European Act that Community legislation on consumer protection really got under way. Consumer policy became a fundamental instrument for completing the single market. The real breakthrough in institutionalising consumer protection policy came with the Treaty of Maastricht.

I. The evolution and the operating of consumer policy IV. The Treaty of Maastricht introduced a separate Title on consumer protection. The focal importance of consumer policy is demonstrated by the fact that, in 1995, the Commission set up an autonomous Directorate-General for Consumer Protection. In the mid-nineties, following the Treaty of Maastricht, consumer policy faced new challenges. Accordingly, the action programme for the period 1996-1998 focused on three priorities.

I. The evolution and the operating of consumer policy V. However in the middle of the ‘90s, the BSE crisis (mad cow disease) had significant effects on consumer policy. It put the above priorities on the back burner and placed food safety on the political agenda as the number one priority. Accordingly, the Treaty of Amsterdam gave fresh impetus to EU consumer policy. The Treaty of Amsterdam: In the area of consumer protection, the Council and the European Parliament adopt necessary measures through the ordinary legislative procedure.

I. The evolution and the operating of consumer policy VI. In certain cases, in the interests of consumer protection, the Member States have the right to restrict the free movement of goods in the single market. Article 36 of the Treaty: Mandatory requirements set by the Court are not valid forever but only until Community legislation covers the relevant field. The temporary nature of mandatory requirements is indicated by the Court’s subsequent decisions, which extended their scope.

II. Consumer information Consumer information seeks to ensure that consumers are able to compare the prices for the same product within a country and are as well informed as possible on price differences between the Member States. Labelling of products is also an important way of achieving better information and transparency for the consumer and ensuring the smooth operation of the internal market.

III. Current trends in EU consumer policy I. The 1999-2001 action programme on consumer protection was adopted against the background of the new challenges and the provisions of the Amsterdam Treaty, with the following major fields of activity: - consumer representation and education; - consumer health and safety; - the economic interests of consumers. In January, 1999, the joint decision of the Council and the Parliament established the General framework for Community activities in favour of consumers until 31 December 2003.

III. Current trends in EU consumer policy II. The consumer policy strategy for 2000-2006 set three key objectives: Ensuring a high common level of consumer protection; Effective enforcement of consumer protection rules; Involvement of consumer organisations in EU policies. The Parliament and the Council adopted a new general framework for implementing the strategy. The creation of European Food Safety Authority The European Consumer Centres Network (ECC-Net) was set up in January 2005.

III. Current trends in EU consumer policy III. In April, 2005 the European Commission submitted its proposal for an EU action programme for health and consumer policy in the next financial perspectives. The proposal, bearing the title „Healthier, safer and more confident citizens – health and consumer protection programme 2007-2013”, indicated the new approach of combining health and consumer policy. As a result, an independent EU action programme on consumer protection was adopted in December 2006 for the period 2007- 2013. The programme is based on the following two objectives.

III. Current trends in EU consumer policy IV. Following the adoption of the Action Programme, in March 2007 the Commission published a Community Consumer Policy Strategy for 2007-2013, which was endorsed by the Council. The Consumer Policy Strategy between 2007 and 2013 outlined three main objectives: Adoption of the new Health for Growth and Consumer Programmes by the Commission on 9 November 2011 . Main aims: to foster a Europe of healthy, active , informed + empowered citizens to contribute to economic growth.

IV. Consumer policy under TFEU In compliance of the TFEU, consumer policy is an area of shared competence Article 4 (2) (f) TFEU. Consumer protection is governed by Part Three Title XV (Article 169) of the TFEU. Incorporation the relevant provisions of the EC Treaty without any significant modifications. Horizontal provision: More emphasis to consumer protection.

V. Conclusion The European Union shows a growing interest in the protection of the physical safety and of the economic interests of its citizens. The EU’s consumer protection legislation proved its usefulness at preventing the spread of diseases and contaminations, it also revealed its limits, concerning its implementation by the Member States. Consumer protection is not only a necessary complement of other common policies, such as agriculture and fisheries, but also an important factor contributing to the affection or disaffection of European citizens towards the Union.

VI. Literature - Nicholas Moussis (2009): Access to European Union: law, economics, policies. Rixensart, European Study Service, 2009, Chapter 11, pp. 193-203. -Zoltán Horváth (2011): Handbook on the European Union, Hungarian National Assembly, Fourth Edition, Chapter 18, Hvgorac, pp. 471-477. - Europa, European Commission, DG Health and Consumers, Consumer Affairs. In:http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11 /1317&format=HTML&aged=0&language=EN&guiLanguage=en Downloaded on 25 February 2012.