Fact Sheets on the European Union – 2 - EU Bookshop - Europa

4 Common policies 11
Consumer protection
and public health
those expenses effectively incurred. The purchaser’s right of
withdrawal may be exercised, with no costs, within three
months if the information required by the directive is not
included in the contract.
9. Air transport
Regulations (EC) No 261/2004 and (EC) No 2027/97, as
amended, establish common rules on compensation and
assistance to passengers in the event of denied boarding and
cancellation or long delay of flights and on air carrier liability
(passenger and baggage), in case of accidents. Passengers
now have the right to demand a cash compensation payable
within one month under the rules displayed at airports.
Regulation (EEC) No 2299/89, as amended, on computerised
reservation systems (CRS) for air transport products establish
obligations for the system vendor (to allow any carrier on an
equal basis) and for the carriers (to communicate with equal
care, and simultaneously, information to all systems).
Regulation (EEC) No 2409/92 introduces common criteria and
procedures governing the establishment of the air fares and air
cargo rates charged by air carriers on air services within the
Community.
Regulation (EC) No 2320/2002, as amended, introduces
common rules in the field of civil aviation security standards,
following the criminal acts of 9/11 (11 September 2001).
10. European consumer centres network (Euroguichets)
In the European consumer centres network (ECC-Net),
Euroguichets give information and assistance to consumers
within the context of cross-border transactions. This network
also works together with other European networks, notably
FIN-NET (financial), Solvit (internal market) and the European
judicial network in civil and commercial matters.
C. Protection of consumers’ legal interests
1. Alternative dispute resolution (ADR) procedures and
injunctions
Recommendation 98/257/EC, Decision No 20/2004/EC and the
Council resolution of 25 May 2000 lay down the principles to
be followed in ADR proceedings, aimed to guarantee the
single consumer with cheaper and faster intra-national legal
remedies.
Directive 98/27/EC, as modified, harmonises existing EU and
national law and, in order to protect the collective interests of
consumers, introduces the ‘actions for injunctions’ which can
be opened at the competent national courts level, against
infringements (misleading advertising, unfair commercial
practices, contracts negotiated away from business premises,
consumer credit, package travel, medicinal products for
human use, unfair contractual terms, time-shares, distance
contracts, sale of consumer goods and associated guarantees)
made by commercial operators from other countries.
Consumers associations may seek to: stop or prohibit, under
an urgent procedure, any illegal act; adopt the needed
measures to eliminate the effects of the infringement; order
the payment of a penalty in the event of failure to comply with
the former decision within the specified time limit.
2. European judicial network in civil and commercial
matters and obligation to cooperate for national
authorities
Decision 2001/470/EC established such a network to simplify
the life of citizens facing cross-border litigation by improving
the judicial cooperation mechanisms between Member States
in civil and commercial matters and by providing them with
practical information to facilitate their access to justice.
Regulation (EC) No 2006/2004 establishes a network of
national authorities responsible for the effective enforcement
of EC consumer protection law and obliges them, since
29 December 2005, to cooperate to guarantee the
enforcement of EC law and to stop any infringement, using
appropriate legal instruments as the injunctions, in the case of
intra-Community infringements.
Role of the European Parliament
Parliament has been at the origin of most of the adopted
measures (inter alia, European Food Safety Authority, European
Medicines Agency, GMOs, safety in the areas of cosmetics,
tourism, unfair contract terms, distance selling, door-to-door
sales, use of hormones, exports of various dangerous
substances as pesticides, greater protection to workers and
consumers in the destination countries for EU exports, and
Directive 76/768/EEC on animal experiments for cosmetic
products).
Parliament has also supported traditional food and producers
located in isolated areas.
g
Azelio Fulmini
June 2006
337