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Publications Catalogue
2009-2014
Publications Catalogue
Employment and Social A�airs
Environment, Public Health and Food Safety
Industry, Research and Energy
Internal Market and Consumer Protection
DIRECTORATE-GENERAL FOR INTERNAL POLICIES
POLICY DEPARTMENTECONOMIC AND SCIENTIFIC POLICYA
RoleThe Policy Departments are research units that provide specialised advice to committees, inter-parliamentary delegations and other parliamentary bodies.
Policy AreasEconomic and Monetary A�airs Employment and Social A�airs Environment, Public Health and Food SafetyIndustry, Research and EnergyInternal Market and Consumer Protection
DocumentsVisit the European Parliament website: www.europarl.europa.eu/studies
DIRECTORATE-GENERAL FOR INTERNAL POLICIES
A POLICY DEPARTMENTECONOMIC AND SCIENTIFIC POLICY
PHOTO CREDIT: iStockphoto.com, Photodisk, Phovoir, Shutterstock/beboy
Economic and Monetary A�airs
QA
-04-14-433-EN-C
doi:10.2861/62808ISBN 978-92-823-5720-0
Internal Market and Consumer Protection
DIRECTORATE GENERAL FOR INTERNAL POLICIES
POLICY DEPARTMENT A: ECONOMIC AND SCIENTIFIC POLICY
INTERNAL MARKET AND CONSUMER PROTECTION
Publications Catalogue
2009-2014
7th Legislative Period
May 2014
PE 518.767 EN
This document has been prepared by Policy Department A of the Directorate General
for Internal Policies.
RESPONSIBLE ADMINISTRATORS
From the Policy Department A: Economic and Scientific Policy
European Parliament
B-1047 Brussels
E-mail: [email protected]
Head of Unit: Patricia SILVEIRA DA CUNHA
For the Committee on Internal Market and Consumer Protection (IMCO)
Mariusz MACIEJEWSKI, Carine PIAGUET, Stefan SCHULZ
LINGUISTIC VERSIONS
Original: EN
ABOUT THE EDITOR
To contact the Policy Department or to subscribe to its monthly newsletter please write to:
Manuscript completed in May 2014.
Brussels, © European Union, 2014.
The documents listed hereafter are available on the Internet at:
http://www.europarl.europa.eu/studies
DISCLAIMER
The opinions expressed in this document are the sole responsibility of the author and do not
necessarily represent the official position of the European Parliament.
Reproduction and translation for non-commercial purposes are authorised, provided the
source is acknowledged and the publisher is given prior notice and sent a copy.
Publications Catalogue 2009-2014 – Internal Market and Consumer Protection
PE 518.767 3
CONTENTS
Expertise on Page
INTERNAL MARKET AND CONSUMER PROTECTION (IMCO) 4
Expertise in the field of the Internal Market 4 1.
STUDIES 4
BRIEFINGS 9
WORKSHOP PROCEEDINGS 13
Expertise in the field of the Consumer Protection 14 2.
STUDIES 14
BRIEFINGS 16
WORKSHOP PROCEEDINGS 18
Policy Department A: Economic and Scientific Policy
4 PE 518.767
INTERNAL MARKET AND CONSUMER PROTECTION
(IMCO)
Expertise in the field of the Internal Market 1.
Contact persons in the Policy Department A:
Mariusz MACIEJEWSKI, tel. 34249
Carine PIAGUET, tel. 46741
Stefan SCHULZ, tel. 46510
STUDIES
Studies (Internal Market)
Streaming and Online Access to Content and Services
(March 2014)
EN
PE 492.435
As a result of technological progress in the area of cloud computing and
mobile connectivity, Internet is increasingly offering an omnipresent and
interactive - ubiquitous - access to information and content. This
improved access is, in turn, leading to efficiency, innovation and a
significant reduction of the environmental footprint through
dematerialisation of consumption, with potential changes in the economic
and societal landscape.
However, the current legal and economic setting in Europe is leading to a
partitioning of mobile Internet access and Internet content along national
borders, significantly affecting benefits that could be derived by
Europeans from the Digital Single Market and preventing Europe from
consolidating its comparative advantage on the global ICT market.
Consumer Protection Aspects of Financial Services
(February 2014)
EN
PE 507.463
Inadequate consumer protection, especially in the U.S. mortgage market,
not only led to considerable consumer detriment but was a major
contributor to the global financial crisis. In the EU, mis-selling of financial
products has also resulted in significant consumer harm. Considering the
significant potential detriment that financial services can cause to
individual consumers and to the Single Market, consumer protection
policy needs to properly focus on this area. Improved transparency and
better informed transactions resulting from such policy will lead to better
solutions for consumers and greater market efficiency. A number of
recommendations to strengthen consumer protection in the area of
financial services are put forward in this study.
Ubiquitous Developments in the Digital Single Market
(Octobre 2013)
EN
PE 507.481
Ubiquitous solutions providing access from anywhere at any time are a
next step for government and commercial services, and are expected to
result in lower costs, increased flexibility, and an enhanced user
experience. These solutions, based on modern cloud technologies, may
facilitate re-use across borders, avoid duplication and achieve scale
economics as well as cross-border interoperability for e-government
services.
Publications Catalogue 2009-2014 – Internal Market and Consumer Protection
PE 518.767 5
Performance-based
Full Policy Cycle for the Digital Single Market
(Octobre 2013)
EN
PE 507.457
A benchmarking exercise of a number of Digital Single Market policy
initiatives recently proposed by the European Commission against the
performance-based policy model shows that the current policy
development and assessment process could be improved markedly by
following the performance-based policy model set out in the
present study.
The key features of a performance-based full policy cycle are a clear
articulation of policy objectives, the identification and use of quantitative
indicators of expected short-term and longer-term policy impacts, the
identification of synergies between policies, a much greater use of
quantitative data in ex-ante impact assessments, the implementation of
robust, data-based, independent ex-post assessments of the performance
of policies relative to their expected impacts and a wide dissemination of
lessons learned in such ex-post performance assessments.
European Single Point of Contact
(July 2013)
EN FR DE
PE 507.453
The objective of this research study is to discuss the features and value
added of a European single point of contact. The large number of
European level online services combined with an extensive range of
services at national level generates complexity in identification of the
most appropriate services, and in understanding their different
competencies. Such complexity leads to low levels of awareness, with
91.6% of consumers and businesses not knowing of any online services
at European level they could turn to in case of problems. This study
analyses the possibility of introducing a European single point of contact
and the benefits that may accrue to European citizens and businesses of
improved access to online service.
From Shadow to Formal Economy: Levelling the Playing Field
(June 2013)
EN FR DE
PE 507.454
The size of the shadow economy in the EU in 2012 is estimated at
approximately EUR 2.35 trillion. The shadow economy represents a threat
to the Single Market, leads to substantial budgetary difficulties, puts
considerable pressure on legitimate businesses, and in long run, limits
the potential growth of the formal economy.
A substantial reduction of the size of shadow economy would ensure that consumers, businesses in formal economy, and employees are better
protected, would improve the level playing field on the Single Market, and could raise up to EUR 285 billion in additional revenues annually.
Simplifying and Modernising VAT in the Digital Single Market for e-Commerce
(September 2012)
EN
PE 492.432
E-commerce is a large and growing business and a key part in the digital economy. To reap the full potential, a number of barriers needs to addressed, not the least the obstacles that the current VAT system presents to cross-border sales of physical and in particular digital content e-commerce products.
This report lists shortcomings in the present VAT set-up, evaluates policy
options put on the table by inter alia the European Commission and provides a range of recommended policy options that should be reviewed in more detail.
Policy Department A: Economic and Scientific Policy
6 PE 518.767
A Pan-European
Trustmark for E-Commerce: Possibilities and
Opportunities (July 2012) EN
PE 492.433
Possibilities and opportunities of creating a pan-EU trustmark for
ecommerce are examined through analysis of existing trustmarks for ecommerce, the relevant EU legal framework and main policy options for introducing a pan-EU trustmark. The study addresses issues such as the
advantages and disadvantages of a pan-EU trustmark, its scope and enforcement, its mandatory or voluntary use by the traders, and the need for legal changes, among others.
Approval and market
surveillance of two-
or three-wheeled vehicles and quadricycles
(April 2012)
EN
PE 475.091
This study is a three-part impact assessment of amendments proposed
by the IMCO Committee to three measures contained in the European
Commission's proposal for a "Regulation on the approval and market surveillance of two- or three-wheeled vehicles and quadricycles". The first part concerns the fitting of an anti-lock braking system (ABS), the second part concerns On-Board Diagnostic systems (OBD), and the third part the speeding-up of the introduction of subsequent stages of European emission standards for L-category vehicles.
Implementation of the Modernised Customs Code
(February 2012)
EN
PE 475.094
The aim of this study is to examine the challenges and conditions relating to the implementation of the Modernised Customs Code. The study identifies and assesses the legal, IT technical and operational issues in
view of the implementation of the Modernised Customs Code.
Digital Internal Market
(June 2011)
EN
PE 464.421
The study examines the progress towards a digital internal market. In a first part, it focuses on the state of play and the possible revision of the Directive on electronic signatures. A second part describes the state of play with respect to eProcurement and discusses possible steps to advance the use of eProcurement in practice.
Mutual evaluation and the Services Directive - Experiences and lessons learnt
(May 2011)
EN
PE 457.370
Article 39 of the Services Directive provides for a new tool to assess how the Directive has been implemented in the Member States: the mutual evaluation process. This is an analytical study on the effectiveness and efficiency of the mutual evaluation procedure and the possibilities of using mutual evaluation in other policy areas. The main conclusions are the following: i) On the one hand, it can be considered that the mutual
evaluation has had little impact, even if it clearly contributed to creating a “European spirit” among national administrations (1st perspective) ii). On the other hand, the mutual evaluation can be considered a useful tool if it
enables Commission to identify remaining barriers and define future internal market policies (2nd perspective). However, it is too early to assess the constructive impact of mutual evaluation as the Commission is yet to take concrete actions based on the process.
Publications Catalogue 2009-2014 – Internal Market and Consumer Protection
PE 518.767 7
Network Neutrality:
Challenges and responses in the EU and in the U.S.
(May 2011)
EN FR DE
PE 457.369
This analytical study provides background on the debate over network
neutrality, including (1) its technological and economic underpinnings, (2) the implications for business models going forward, and (3) the legal, regulatory, policy and business responses that have been attempted and
that are currently in play. It includes a comparison between the US, where these issues have been debated intensely, and the EU.
Recognition of
professional qualifications
(October 2010)
EN
PE 447.514
This study follows up on the implementation of Directive 2005/36/EC on
recognition of professional qualifications. It analyses the challenges to the recognition of qualifications for four 'mobile' professions where problems are reported most regularly: Nurses, Architects (both automatic recognition) and Civil Engineer and Tourist Guides (mutual recognition or general system).
Recommendations on how to overcome the identified challenges include including more professions and functionalities in the IMI system and
considering to make the use of it mandatory, working to ensure mutual recognition even if the profession is not regulated in the home MS, developing best practices for processes to develop compensation measures, and assisting the MS in overcoming problems related to the requirement to document two years work experience in cases of written declarations in advance for provision of temporary services.
Market Surveillance and revision of GPS Directive
(September 2010)
EN
PE 447.505
The study examines the relationship between the General Product Safety Directive and the New Legislative Framework from the point of view of market surveillance, looking in particular at definitions and interpretations of concepts. It also looks at joint market surveillance actions, market surveillance of consumer products and of dangerous products bought online.
State of play of the implementation of the provisions on
advertising in the
unfair commercial practices legislation
(July 2010)
EN
PE 440.288
This briefing paper takes stock of the implementation and enforcement of the 2005 Unfair Commercial Practices Directive (UCPD), focussing especially on the field of misleading advertising. The analysis draws
mainly on data from Germany and the UK, but takes into account
feedback from other Member States' enforcement agencies or self-regulatory bodies. It examines to what extent the UCPD achieves its declared aim of full harmonisation, what unintended consequences have been observed so far, as well as the varying roles that national self-regulatory bodies have assumed, or been assigned, in connection with implementing and enforcing the Directive.
Policy Department A: Economic and Scientific Policy
8 PE 518.767
Study on
Transposition of the Directive on the recognition of
professional qualifications
(October 2009)
EN
PE 416.238
The study showed that all MS but one have transposed and implemented
the Directive, albeit with severe delays, which have had implications for the enforcement of the Directive in all MS. The MS lack trust in each other’s educational systems, and it is important to establish this trust if
Directive is to work properly. Frequent meetings, common use of IMI, communication from Commission on how to interpret the Directive and assistance from industry organisations are all tools to improve this.
Effectiveness of
Market Surveillance in the Member States
(October 2009)
EN
PE 416.241
The study describes measures taken by Member States for the effective
functioning and strengthening of market surveillance authorities, actions to set up market surveillance programmes and stepping-up control systems. It also gives an overview of the products presenting a serious risk.
Publications Catalogue 2009-2014 – Internal Market and Consumer Protection
PE 518.767 9
BRIEFINGS
Briefings (Internal Market)
Towards Indicators for Measuring the Performance of the Single Market
(April 2014)
EN
PE 518.749
At the request of the Committee on Internal Market and Consumer Protection (IMCO), this briefing note aims to critically discuss the existing tools for monitoring the economic and regulatory performance of the EU Single Market, and to lay down the basis for subsequent work on the definition of a list of economic and regulatory performance indicators that
could be used in the context of the European Semester exercise. The conclusion, at this stage of the research, is that there is no “silver bullet” indicator, i.e. no (composite) indicator which is able to monitor and evaluate such a complex reality as the Single Market project. Setting up a
set of indicators seems to be the best way forward to assess Single Market integration and its performance.
Data Protection Aspeccts of eCall
(February 2014)
EN
PE 518.748
This briefing note deals with the data protection aspects of the Commission’s Proposal for a Regulation of the European Parliament and of the Council concerning type-approval requirements for the deployment of the eCall in-vehicle system and amending Directive 2007/46/EC COM(2013) 316 final. It explains why the eCall system entails the processing of personal data. It deals with the data protection issues both for the mandatory 112-based eCall in-vehicle system as well as additional
private emergency and added value services offered in parallel or building on the public 112-based eCall.
Roadmap to Digital Single Market
(August 2012)
EN
PE 492.434
This note reviews the state of play of the actions promoting the
Commission’s Digital Single Market within the framework of the Digital Agenda for Europe and the Single Market Act. It identifies priority actions according to economic growth potential, the rationale and overtime variation of EU legislation, and the degree of consensus or lack thereof.
Finally, it highlights synergies and interdependencies between the various actions and offers a rough estimate of the time schedule for their implementation and expected impact.
Design Categories of Watercrafts
(June 2012)
EN
PE 475.122
Design categories of watercrafts are one of the essential safety requirements which should be met and assigned through conformity
assessment procedure required before placing watercrafts on the market. The briefing note analyses if amending the design categories for recreational crafts and watercrafts can contribute to more precise and
more appropriate criteria for design categories, while reflecting the terms used in the relevant international harmonised standards.
Analytical Overview of the Legal Framework of EU Member States regarding the Awarding of Concession Contracts
(June 2012)
EN
PE 475.123
In this Briefing Note the different approaches to the award of concessions taken in selected Member States are analysed and compared to the approach taken by the Directive Proposal issued by the Commission. Particularly the differences with regard to the definition of concessions and the different procedures are taken into account.
Policy Department A: Economic and Scientific Policy
10 PE 518.767
An Economic Analysis
of the Closure of Markets and other Dysfunctions in the
Awarding of Concession Contracts
(June 2012)
EN FR DE
PE 475.126
As concession contracts are long-term agreements that are inherently
incomplete, the economic literature suggests that rigid award rules are inadequate. We suggest that the Directive for the awarding of concession contracts should contain a balanced mix of flexible and rigid rules, as well
as procedures to increase the transparency and accountability of contracting parties. This briefing note provides suggestions in order to avoid the closure of markets and other dysfunctions in the awarding of concession contracts.
Risks of Corruption and Collusion in the Awarding of Concession Contracts
(June 2012)
EN FR DE
PE 475.127
This briefing note describes the risk of undue influence, corruption and collusion on sector-governance decisions and the award of concession contracts. State intervention to reduce market failure easily creates a risk of governance failure, and this concern must be addressed to secure the intended combination of market forces and sector regulation – as is so well offered by concession contracts. Harmonised EU legislation specifically on the award of concession contracts is an important step to
reduce the mentioned risks, particularly because it will make undue influence on these markets more visible across Member States and develop a common understanding of how to best secure ‘value for money’ for consumers. However, the impact of the new rules on the award of concession contracts will depend not only on how carefully they are implemented, but also the quality of a broader set of integrity mechanisms within the respective Member States. Hence, while the law is
an important step towards securing efficient regulation, we need checks and balances on the many decisions that are still up for discretionary judgment by politicians and civil servants with sector oversight responsibility.
Basic Banking Services
(November 2011)
EN FR DE
PE 464.458
This briefing paper examines the current state of play in the access to basic banking services, as well as the expected benefits of providing such
access for citizens as well as for cross-border trade, in particular e-commerce. It also identifies the banking services that would ideally be covered by any initiative and the main hurdles met by citizens accessing bank services in Member States in which they are not permanent residents.
Overview of existing
collective redress schemes in EU Member States
(October 2011)
EN
PE 464.433
The briefing paper presents rationale and relevance of collective redress
schemes with recent developments in this area at the EU level; an overview of collective redress schemes existing in EU Member States; a summary of similarities and differences between collective redress schemes in Member States; and finally some considerations on cross-border use of collective redress mechanisms in Europe. The paper identifies significant differences in approach of Member States towards collective redress with important consequences for equal access of
European consumers to justice and cross-border use of collective redress.
Publications Catalogue 2009-2014 – Internal Market and Consumer Protection
PE 518.767 11
Access to repair and
maintenance information
(August 2011)
EN
PE 464.442
The objective of this briefing paper is (i) to provide an overview of the
relevant market conditions in the motor vehicles (M category), the powered two wheelers (PTW; L-category) and the tractor (T category) sectors and (ii) to assess whether the requirements for access to Repair
and Maintenance Information (RMI) within the proposals for Regulations on motorcycles 2010/0271(COD) (COM(2010)542) and tractors 2010/0212(COD) (COM(2010)395) require reconsideration in relation to their policy objective.
Market surveillance in relation to type approval requirements
(June 2011)
EN
PE 464.420
The objective of this briefing note on 'Market Surveillance In Relation To Type Approval Requirements' is to answer two questions on whether market surveillance should be organised in a single overall system and
how best to introduce market surveillance in L and T vehicles sectors in order to provide background information and advice for the members of the IMCO Committee from the European Parliament on priority measures and actions to be undertaken in these fields
Briefing Paper on Addressing unfair
commercial practices in business-to-business relations in the internal market
(May 2011)
EN
PE 457.364
At EU level, there are no comprehensive rules with regard to business-to-business unfair commercial practices. This briefing paper examines the
usefulness of the introduction of such type of legislation.
European standardisation: current challenges -
future actions
(July 2010)
EN
PE 440.290
European standards can contribute to the development of the European internal market. EU standardisation is managed by independent organisations promoting cooperation amongst industry, users, public
authorities and other interested parties on a voluntary basis. Despite the European Standardisation System's success, there are a number of
challenges still to be addressed: greater participation of societal stakeholders in the standardisation process; use of standards in the services sector; improved access to EU standards; use of standards in public procurement; and reinforcement of EU's role in international
standardisation.
Concessions
(January 2010)
EN FR DE
PE 429.994
The briefing paper analyses whether ECJ jurisprudence provides sufficient legal clarity in the area of concessions. It elaborates on whether a legislative measure is necessary, and if it would be preferable to amend the existing procurement directives or to establish a separate law for concessions.
Policy Department A: Economic and Scientific Policy
12 PE 518.767
The Impact of the
Lisbon Treaty in the Field of Public Procurement
(January 2010)
EN FR DE
PE 429.988
The purpose of this briefing paper is to assess the impact of the new
regulations of the Lisbon Treaty in the field of public procurement. The paper focuses on the principles of self-governance and subsidiarity and the consequences thereof for the possibilities for inter-
communal/interstate cooperation. It also provides an evaluation of the role of environmental and social aspects in public procurement.
Internal Market
beyond the EU: EEA and Switzerland
(January 2010)
EN FR DE
PE 429.993
This briefing paper looks at the functioning of the extended Internal
Market and examines two models of integration: the economic integration of the EU and Switzerland via sectoral bilateral agreements and the EEA agreement that governs relations between EU and the EEA states, Iceland, Norway and Liechtenstein. The paper identifies challenges related to the agreements and points to ways to enhance the performance of the extended Internal Market.
Publications Catalogue 2009-2014 – Internal Market and Consumer Protection
PE 518.767 13
WORKSHOP PROCEEDINGS
Workshop Proceedings (Internal Market )
Workshop on 'The Product Safety and Market Surveillance Package'
(September 2013)
EN
PE 507.461
The Committee on Internal Market and Consumer Protection requested the organisation of a workshop on the Product Safety and Market Surveillance package with the aim to acquire independent technical expertise on selected aspects of the two legislative proposals currently discussed in Parliament. In addition to an overview of the US practices
and regulations on market surveillance and product safety, the speakers presented best practices on how to maximise market surveillance with limited budget and the problems market surveillance authorities still face in practice. Experts also presented their views on the product safety
proposal for regulation, from a legal and technical point of view.
Workshop on 'Ubiquitous Digital Single Market'
(June 2013)
EN
PE 507.450
The last decade marked a move from electronic, through mobile to ubiquitous services, defined as intelligent services providing users with real-time access to collaboratively generated information, everywhere, at
any time and on any device. The workshop presents leading examples of ubiquitous government services applied in South Korea, Japan, Canada, Estonia, the UK and the Netherlands, as well as ubiquitous market services, with the objective of considering how Europeans could benefit from ubiquitous government and market solutions.
Workshop on 'The
Award of Concession Contracts'
(June 2012)
EN
PE 475.118
The workshop set out to clarify questions and problems pertaining to the
award of concessions contracts. For this purpose it focused on four main topics: the characteristics and problems of the award of concessions contracts from an economic perspective, the legal perspective on the Commission's proposal, the risks of corruption and collusion related to concessions contracts, and legal definitions of concessions in the Member States.
Workshop on 'The implementation of the services Directive'(II)
(October 2010)
EN
PE 447.511
The workshop aimed at assessing the current state of implementation of the Services Directive and to look at existing obstacles. The topics that were discussed are as follows: screening of legislation; Point of Single
Contacts; mutual assistance and administrative cooperation; the scope
and interaction of the Directive with existing Community Law.
Policy Department A: Economic and Scientific Policy
14 PE 518.767
Expertise in the field of the Consumer Protection 2.
Contact persons in the Policy Department A:
Mariusz MACIEJEWSKI, tel. 34249
Carine PIAGUET, tel. 46741
Stefan SCHULZ, tel. 46510
STUDIES
Studies (Consumer Protection)
Discrimination of Consumers in the Digital Single Market
(November 2013)
EN
PE 507.456
The study collates information on discrimination against consumers on grounds of place of residence or nationality in the Digital Single Market (DSM). Collected evidence indicates such practices as refusals to sell or discriminatory conditions depriving consumers of access to goods and services on DSM or obliging consumers to pay higher prices. The study assesses discrimination from the perspective of different areas of
European law including Article 20 (2) of Services Directive, Private International Law, Competition Law and Intellectual Property Law, and provides for policy recommendations.
Reforming the Data Protection Package
(September 2012)
EN
PE 492.431
This study aims to provide background information and advice on priority measures and actions to be undertaken in the reform of the data
protection package. The study is based upon four aspects: mapping new technologies and services; analysing the internal market dimension; strengthening the rights of the consumer; and international
data transfers.
Cloud Computing
(May 2012)
EN
PE 475.104
Cloud computing is a new model of computing that could bring substantial benefits to consumers, businesses and administrations, while also creating new risks and challenges. This study provides an overview
on cloud computing and how it relates to EU consumer protection and the EU digital single market goals. It demonstrates that cloud computing could induce savings and facilitate innovative online services. However, it
finds that barriers to take-up of cloud computing are manifold. It concludes that in order to seize the benefits of cloud computing, priority actions for EU policymakers are addressing legislation-related gaps, improving terms and conditions for users, tackling stakeholder security
concerns, encouraging the public sector cloud, and promoting further research and development in cloud computing.
Implementation of the Package Travel Directive
(March 2012)
EN
PE 475.084
This study provides an updated evaluation of the Package Travel Directive. Firstly, the implementation of the Directive – especially though the current state of play in the new Member States – is analysed. Particular aspects of the Directive are treated, such as the problem of the
travel provider becoming insolvent, issues relating to intermediaries and travel not regulated by the Directive. Secondly, proposals are treated. The Directive is evaluated from the perspectives of stakeholders and
consumers. An update is given on the latest relevant legislative developments. This includes, specifically, the Consumer Rights Directive and the proposal for a European Sales Law in e-commerce. As a result, specific overarching proposals are made which may remedy the
issues addressed.
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PE 518.767 15
Compilation of
Briefing Papers on Consumer Vulnerability
(February 2012)
EN FR DE
PE 475.082
This set of Briefing Papers assesses the current legislation and policy
measures with regard to consumer vulnerability in five Member States: Denmark, Estonia, Germany, Spain and the United Kingdom. The focus is on e-commerce, telecommunications and utilities contracts,
and transport.
Implementation of
the Consumer Credit Directive
(January 2012)
EN
PE 475.083
The study examines the state and the main difficulties of the
implementation of Directive 2008/48/EC on credit agreements for
consumers using the examples of fourteen Member States of the European Union. The analysis focuses on fully harmonised aspects of the Directive as well as on the provisions for which the Member States were given a wide margin of appreciation in achieving the objective of the Directive and options provided by the Directive. Furthermore, new regulations and regulations requiring interpretation are dealt with. Finally, the study analyses the regulation of credit agreements which fall
outside the scope of the Directive.
Consumer behaviour in a digital environment
(August 2011)
EN
PE 464.441
This study analyses consumer behaviour and the interaction between consumers and businesses in the digital environment. At issue is how consumers benefit from the digital environment and whether and how they change their purchasing behaviour. A number of barriers to e-
commerce and a more integrated European digital market are identified
and specific policy recommendations are provided.
Cross-Border Alternative Dispute
Resolution in the European Union
(June 2011)
EN
PE 464.424
The study identifies barriers to the use of ADR schemes by consumers in the EU, especially in cross-border cases. It assesses other legislation
relevant for consumer redress: the European Small Claims Procedure, the Injunctions Directive and the Mediation Directive. Finally, it examines ways to improve the effectiveness of cross-border ADR and the usefulness of a European legal instrument.
Misleading Advertising on the Internet
(July 2010)
EN FR DE
PE 440.289
Within the scope of the Unfair Commercial Practices Directive (UCPD) of 2005, this briefing paper takes stock of misleading advertising practices on the Internet, which appear to be evolving as new media become available, and mostly concern misleading pricing information. The paper
looks for possible loopholes in existing EU legislation, its implementation and enforcement. It also examines the self-regulation mechanisms existing in different Member States, their interaction with national enforcement agencies and their potential in helping to create a unified approach to unfair practices.
Policy Department A: Economic and Scientific Policy
16 PE 518.767
BRIEFINGS
Briefings (Consumer Protection)
The Product Safety and Market Surveillance Package
(May 2014)
EN
PE 518.740
In view of the trialogue negotiations on the European Commission's two
proposals for a regulation on market surveillance of products and on
consumer product safety, this briefing note aims to contribute to and
strengthen the EP's position on Article 7 of the proposal for a regulation
on Consumer product safety relating to origin marking, and the provisions
relating to sanctions and penalties proposed in both files.
The briefing note presents a comparative table, showing provisions from
the EU Customs Code in relation to Article 7 of the proposal for a
Regulation on Consumer Product Safety and the US system of marks of
origin.
It also analyses existing EU legislation containing identical or similar types of provisions on sanctions and penalties as proposed in the final IMCO reports on Consumer Product Safety and Market Surveillance of Products.
State of the Art Mobile Internet Connectivity and its
Impact on e-Commerce
(July 2012)
EN
PE 492.436
Mobile broadband usage is growing thanks to the popularity of Internet-enabled smart phones and tablets. Mobile data networks are becoming faster and more capable. Europeans increasingly depend on mobile data
applications, when at home and when under way. This briefing note considers whether the high price of mobile data roaming inhibits the use of mobile applications; the degree to which the 2012 Roaming Regulation
addresses these concerns; and what further measures if any should be taken.
Data Protection in the Internal Market
Information System (IMI)
(May 2012)
EN
PE 475.111
This briefing note deals with some data protection aspects of Proposal of the European Commission for a Regulation on administrative cooperation
through the Internal Market Information System (“the IMI Regulation). In particular Article 13 of the Proposal extends the data retention period from 6 months, as it is now, to 5 years.
The briefing note investigates whether there are any grounds which justify the extension and assesses the compliance of the Proposal with
the existing legal framework.
Optimal Integration of the European
Dispute Resolution Platform
(March 2012)
EN
PE 475.101
The objective of this briefing paper is to discuss the possible issues and solutions regarding the optimal integration of the ODR Platform within the
current consumer-oriented websites at the EU and national levels, taking into account the possible extent of scope of the Regulation on consumer ODR.
Publications Catalogue 2009-2014 – Internal Market and Consumer Protection
PE 518.767 17
Assessing the Scope
of European Online Dispute Resolution Platform
(March 2012)
EN
PE 475.102
The present note addresses the issue of the scope of the European online
dispute resolution Platform. In particular it examines whether such a scope can be extended.
Misleading packaging practices
(January 2012)
EN
PE 475.081
The briefing note answers the question of whether EU legislation on misleading packaging practices is required. For this purpose, 13 national reports have been analysed, which examined the situation in the
respective countries. Available material on consumers’ awareness,
attitudes and behaviour has been explored. Consumer organisation enquiries have been conducted. Furthermore, it was analysed whether misleading packaging practices fall foul with existing EU legislation. Possible solutions are also discussed.
The application of the Consumer Rights Directive to digital content
(January 2011)
EN
PE 451.491
This briefing paper examines the extent to which digital content should be covered by the ongoing legislative process concerning the Consumer Rights Directive, and/or in the Common Frame of Reference. It considers the handling of digital content in EU law so far, in Member States'
legislation, and in the new proposal, focusing on the key policy issues of right of withdrawal and duration of transfer. The paper also attempts to provide some indications for a viable legal definition of digital content,
centered around its intangible nature.
Information
Requirements in the Consumer Rights Directive Proposal and in Other Directives
(November 2010)
EN
PE 451.478
Comparing the proposed Consumer Rights Directive and existing
legislation in the e-Commerce Directive, the Services Directive and the Unfair Commercial Practices Directive, this briefing paper explores potential overlaps and inconsistencies regarding the respective clauses on information requirements (excluding financial services). It examines in detail where the proposed and existing legislation complement each other, where the proposed Directive should be aligned on existing texts, and where existing legislation might need to be amended, in order to
ensure consistency.
The Relation Between the Consumer Rights Directive proposal
and the Area of Financial Services
(November 2010)
EN
PE 451.477
This briefing paper examines potential overlaps and inconsistencies between the proposed Consumer Rights Directive and sector-specific law in the area of financial services, as well as regulatory gaps that could
arise if neither the proposed Directive nor sector-specific law applies to a given situation in which the consumer should enjoy protection. The scope of application of the proposed Directive is analysed both in general and with specific regard to off-premises and distance contracts, as well as unfair contract terms, with an attempt to identify the best place for regulation in each case.
Policy Department A: Economic and Scientific Policy
18 PE 518.767
Briefing Paper on the
Proposed Consumer Rights Directive: Consumer Rights
concerning Contract Terms Chapter V
(October 2010)
EN FR DE
PE 447.503
The paper examines Chapter V (consumer rights concerning contract
terms) of the proposed Directive on Consumer Rights. What will be the actual impact of a fully harmonised general clause on the Member States’ substantive law? What should such a general clause look like? Would a
general clause create an overload of work for the Court of Justice? The briefing paper focuses on the national law of the following Member States: Germany, France, UK, Poland, Denmark, Cyprus, Portugal, Romania.
Briefing Paper on the
Proposed Consumer Rights Directive: Chapter I - Definitions
(October 2010)
EN FR DE
PE 447.502
The Briefing Paper examines the impact the fully harmonized definitions
in the proposed Consumer Rights Directive would have on the internal market. It analyses the individual definitions listed in article 2 and the effect a horizontal use of these definitions would have on other directives and regulations.
WORKSHOP PROCEEDINGS
Workshop Proceedings (Consumer Protection)
Workshop on 'The Regulation on the Marketing of Construction Products
(November 2010)
EN
PE 447.513
The first part of the workshop on the Regulation on the marketing of construction products was devoted to presentations from experts on CE marking and on the European Technical Assessment procedures. In the second part, various stakeholders within the construction sector,
discussed whether CE marking should be mandatory or not, debated the proposed derogations for the CE marking and safety and health issues.
Workshop on 'The General Product Safety Directive and Market Surveillance Workshop Report
(October 2010)
EN
PE 447.508
The debate at the workshop focused on the functioning of the market surveillance system and the adequacy of the General Product Safety Directive (GPSD). The need for aligning the GPSD and the New Legislative Framework (NLF) was discussed in detail and challenges such as market surveillance of goods sold online or cooperation between markets surveillance and customs authorities were also covered.
Publications Catalogue
2009-2014
Publications Catalogue
Employment and Social A�airs
Environment, Public Health and Food Safety
Industry, Research and Energy
Internal Market and Consumer Protection
DIRECTORATE-GENERAL FOR INTERNAL POLICIES
POLICY DEPARTMENTECONOMIC AND SCIENTIFIC POLICYA
RoleThe Policy Departments are research units that provide specialised advice to committees, inter-parliamentary delegations and other parliamentary bodies.
Policy AreasEconomic and Monetary A�airs Employment and Social A�airs Environment, Public Health and Food SafetyIndustry, Research and EnergyInternal Market and Consumer Protection
DocumentsVisit the European Parliament website: www.europarl.europa.eu/studies
DIRECTORATE-GENERAL FOR INTERNAL POLICIES
A POLICY DEPARTMENTECONOMIC AND SCIENTIFIC POLICY
PHOTO CREDIT: iStockphoto.com, Photodisk, Phovoir, Shutterstock/beboy
Economic and Monetary A�airs
QA
-04-14-433-EN-C
doi:10.2861/62808ISBN 978-92-823-5720-0
Internal Market and Consumer Protection