Brussels, 13/05/2002 (Agence Europe) - The new strategy adopted by the European Commission for consumer policy 2002-2006 (see EUROPE of 6 and 7 May, p.10) was favourably welcomed by EU consumer representatives. In a press release, the European Consumers Organisation (BEUC) sees a radically different approach, which not only includes one of its priorities - that of integrating consumer concerns within all the other pertinent sector based policies - but also recognises that true integration requires a systematic follow-up of the progress achieved. The preliminary analysis of the Commission document allows the BEUC to assert with satisfaction that in the future, the aims to be achieved by consumer policy will be to safeguard and improve the present level of consumer protection in the fifteen Member States, ensure an effective use of the Euro by consumers as well as of the opportunities offered by the single market and electronic commerce, and to answer the expectations of EU acceding countries. Nevertheless, the BEUC warns against certain pitfalls which could be caused by the means identified by the Commission to achieve its objective, namely a wider ranging implementation of the country of origin principal (principal according to which in case of consumer litigation, it is the law of the country where the product or service supplier is based that applies and not the consumer) and the principal of mutual recognition, combines with a progressive transition towards a complete harmonisation of national legislation. These means, underlines the BEUC, constitute a radical reform of consumer policy which, until now, was based on the principal of a minimum harmonisation (in accordance with the provisions of Article 153 of the Treaty), allowing the Member States the possibility of adopting, if they so desire, stricter measure for protection.
The BEUC notes that a general application of the principal of mutual recognition in the areas that are insufficiently harmonised could in the long-term lead to a lower harmonisation of the level of consumer protection. The companies present in the Member States that guarantee a high-level of consumer protection would be disadvantaged compared to competitors based in Member States where the standards for consumer protection are lower. We fear that in the end it is the lower standards that win, explains the BEUC.
Finally, the BEUC feels that for as long as a high-level of harmonisation of consumer protection is not established, consumers will be better protected by the principal of destination country and by the laws enforced in their own country. It is crucial that no final link be made between maximum harmonisation, the country of origin and mutual recognition as long as there has not been an agreement on what constitutes a sufficiently high-level of consumer protection, states, Jim Murray BEUC Director.