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Brussels, 30 September 2002
EURO COOP Response to the European Commission
Communication on Consumer Protection (COM (2002) 289)
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Introduction
EURO COOP - the European Community of Consumer Co-operatives - represents national organisations of consumer co-operatives in 12 of the 15 European Union Member States and in four of the candidate Member States. Created in 1957, EURO COOP today represents over 3,200 local or regional co-operatives, membership of which amounts to over 19million consumers in the European Union and 2million in the associated countries of Central and Eastern Europe. The primary objectives of EURO COOP include the promotion, defence and representation of consumer interests at European- level.
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General Comments
EURO COOP welcomes the above Communication and supports the development of a proposal for a framework directive with the aim of ensuring a high common level of consumer protection across the Union. EURO COOP especially welcomes the high priority attached to following-up the Green Paper, since further delays will only result in further harm to consumer interests.
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Specific Comments
3.1 Protecting Children
EURO COOP believes that the proposal for a directive should include in its aims the protection of children and other vulnerable groups.
3.2 Codes of Conduct
EURO COOP believes that Codes of Conduct can be useful instruments in ensuring self-compliance by traders; however, they must provide at least the same level of consumer protection as outlined in the examples contained in the Communication and they should be binding. Their monitoring and implementation should be the responsibility of the relevant trade association. Codes of Conduct must also be easily accessible by the public.
3.3 Enforcement
EURO COOP believes that the proposal for a directive should allow for the setting-up of national bodies - both to secure proper enforcement of the directive and also cross-border co-operation between Member States. These national bodies should be able to lodge injunctions. The directive must also specify who may submit complaints and which body would process them. A single consumer should be able to lodge claims for damages where s/he has been a victim of an unfair commercial practice. It can be difficult for a single consumer to enforce his or her rights - especially in the case of cross-border complaints; EURO COOP therefore supports the strengthening of consumer rights by allowing class actions by consumer organisations on behalf of several consumers.
3.4 Obligation to Provide Information
The obligation to provide information should be included in the non-exhaustive list regarding the full price of goods delivered.
3.5 Use of Violence, Harassment, Force and Improper Influence
Exploitation of a person's fear for his or her own life and health - and those of his or her next-of-kin - and also the exploitation of young people's inexperience should be added to the non-exhaustive list.
3.6 Customer After-sales Service & Processing of Complaints
Some of the EURO COOP member federations support using the "FIN-NET" system for out-of-court settlement of cross-border disputes.
For further information, contact:
Dónal WALSHE, Secretary General
or
Louise OUSTED OLSEN, Senior Adviser
Tel.: +32.(0)2.285.00.70 - Fax: +32.(0)2.231.07.57 - E-mail: Info@eurocoop.org
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