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Cosmetic products

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Cosmetic products

Outline of the Community (European Union) legislation about Cosmetic products

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Animal welfare

Cosmetic products (from 2013)

Document or Iniciative

Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (Text with EEA relevance).

Summary

Cosmetic products are substances * or mixtures of substances intended to be placed in contact with the external parts of the human body (epidermis, hair system, nails, etc.) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, protecting them, keeping them in good condition or correcting body odours.

Free movement of these products in the internal market is permitted if they comply with this Regulation.

Market surveillance

A responsible person established in the Community shall be designated for each product placed on the market. This person shall ensure compliance of the products with the rules set out in the Regulation. In particular, they shall ensure compliance with requirements relating to human health, safety and consumer information. They shall maintain a product information file accessible to the public authorities.

In order to ensure product traceability, responsible persons shall identify the distributors to whom they supply the cosmetic product: for a period of three years following the date on which the batch of the cosmetic product was made available to the distributor. The same applies to all other persons involved in the supply chain.

In case of product non-compliance, the responsible person shall take measures to render it compliant, withdraw it from the market or recall it to the manufacturing company in all Member States where the product is available. Where the responsible person does not take all appropriate measures, the competent national authorities may take the necessary corrective measures.

If a product which complies with the requirements of the Regulation presents or could present a serious risk to human health, the competent national authority shall take all necessary provisional measures to withdraw, recall or restrict the availability of the product on the market.

Limitations for certain substances

The Annexes of this Regulation give a list of prohibited substances (Annex II) or restricted substances (Annex III) with respect to use in cosmetic products. Certain colorants (other than those in Annex IV), preservatives (other than those in Annex V) and UV-filters (other than those in Annex VI) are also prohibited.

The Regulation prohibits the use of substances recognised as carcinogenic, mutagenic or toxic for reproduction (classified as CMR), apart from in exceptional cases. It provides for a high level of protection of human health where nanomaterials are used in cosmetic products.

Consumer information

Product labelling contributes to consumer protection. Containers or packaging must bear written information in indelible, easily legible and visible lettering. This information concerns:

  • the name or registered name and the address of the responsible person;
  • the country of origin for imported products;
  • the weight or volume of the content at the time of packaging;
  • a use-by date for products kept in appropriate conditions;
  • precautions for use, including for cosmetics for professional use;
  • the batch number of manufacture or the reference for identifying the cosmetic product;
  • the list of ingredients, i.e. any substance or mixture intentionally used in the product during the process of manufacturing.

The language of the information shall be determined by the Member State where the product is made available to the end user.

Animal testing

Animal testing must be replaced by alternative methods. The Regulation prohibits the performance of animal testing in the European Union for:

  • finished products,
  • ingredients or combinations of ingredients.

The Regulation also prohibits the placing on the European Union market of:

  • products where the final formulation has been the subject of animal testing;
  • products containing ingredients or combinations of ingredients which have been the subject of animal testing.

A derogation from the ban relating to placing products on the market shall be granted until 11 March 2013 in order to test repeated-dose toxicity, the effects of certain substances on reproduction and to study toxicokinetics *.

In exceptional circumstances, Member States may request the Commission to grant a derogation, after consulting the Scientific Committee for Consumer Safety (SCCS), if an ingredient in wide use which cannot be replaced gives rise to serious concerns.

Committee procedure

The Commission shall be assisted by the Standing Committee on Cosmetic Products.

Context

This Regulation recasts Directive 76/768/EEC due to the many amendments made to it and the new amendments that were required.

The new Regulation shall apply in 2013. However, some of its provisions will apply from 1 December 2010: they concern substances which are carcinogenic, mutagenic or toxic for reproduction (classified as CMR).

Key terms
  • Substance: a chemical element and its compounds in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition.
  • Toxicokinetics: study of the long-term effects of toxic substances in the body.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1223/2009

11.7.2013

1.12.10 (Articles 15 paragraphs 1 and 2, Articles 14, 16, 31 and 32)

11.1.2013 (Article 16, paragraph 3, second section)

–

OJ L 342 of 22.12.2009

Another Normative about Cosmetic products

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Food safety > Animal welfare

Cosmetic products (until 2013)

Document or Iniciative

Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (Cosmetics Directive) [See amending act(s)].

Summary

The free movement of cosmetic products within the European market cannot be restricted or prohibited by Member States if these products are not dangerous to human health under normal or foreseeable conditions of use.

However, if a cosmetic product conforming to this Directive constitutes a danger to human health, the Member State of the territory on which the product is marketed may take restrictive or prohibitive measures. In this instance, it informs the other Member States and the Commission so that appropriate measures can be taken throughout the European Union (EU).

Ingredients and composition

The Directive determines the list of substances which are prohibited in the composition of cosmetic products (Annex II) and the substances which are subject to restrictions or specific conditions of use (Annex III).

The Directive also contains lists of authorised colourings (Annex IV), preservatives (Annex VI) and UV filters (Annex VII).

Labelling

Containers and/or packaging must specifically mention, in indelible, easily legible and visible characters:

  • the name and address of the manufacturer or of the person responsible for marketing the product;
  • the nominal contents at the time of packaging, by weight or by volume;
  • the date of minimum durability indicated for products with a minimum durability of less than 30 months;
  • the period of time after opening for which the product can be used for products with a minimum durability of more than 30 months (indicated with the symbol representing an open pot of cream);
  • the function of the product and particular precautions for use;
  • the batch number.

This information must be in the official language(s) of the respective Member State.

Moreover, the labelling must contain a list of ingredients. Perfume and aromatic compositions are designated by the words “perfume” or “aroma”, except where these have been identified as a significant cause of allergic reactions.

Market surveillance

Member States are responsible for monitoring their market. To this end, they check the safety of products manufactured or imported in the EU. Furthermore, they also ensure that the characteristics attributed to cosmetic products are not deceptive.

The manufacturer, the importer or the person responsible for marketing the product must inform the national competent authorities when a product is imported into the EU for the first time.

Animal testing

The Directive puts an end to animal testing by imposing bans on:

  • testing finished cosmetic products and ingredients on animals (testing ban);
  • marketing finished cosmetic products which have been tested on animals or which contain ingredients that have been tested on animals (marketing ban).

With regard to repeated-dose toxicity tests, reproductive toxicity tests, and toxicokinetics, the marketing prohibition applies from 11 March 2013. This prohibition is applicable regardless of the availability of alternative test methods.

Context

This Directive is replaced by Regulation (EC) No 1223/2009 from 11 July 2013.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 76/768/EEC

30.7.1976

30.1.1978

OJ L 262 of 27.9.1976
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 79/661/EEC

26.7.1979

30.7.1979

OJ L 192 of 31.7.1979

Directive 82/368/EEC

19.5.1982

31.12.1983

OJ L 167 of 15.6.1982

Directive 83/574/EEC

4.11.1983

31.12.1984

OJ L 332 of 28.11.1983

Directive 88/667/EEC

14.1.1989

31.12.1989

OJ L 382 of 31.12.1988

Directive 89/679/EEC

3.1.1990

3.1.1990

OJ L 398 of 30.12.1989

Directive 93/35/EEC

23.6.1993

14.6.1995

OJ L 151 of 23.6.1993

Directive 2003/15/EC

11.3.2003

11.9.2004

OJ L 66 of 11.3.2003

Successive amendments and corrections to Directive 76/768/EEC have been incorporated in the basic text. This consolidated version  has a purely documentary value”.

Related Acts

Non-inclusion of ingredients on labelling

Commission Directive 95/17/ECof 19 June 1995 laying down detailed rules for the application of Council Directive 76/768/EEC as regards the non- inclusion of one or more ingredients on the list used for the labelling of cosmetic products.

Inventory and common nomenclature of ingredients

Commission Decision 96/335/EC of 8 May 1996 establishing an inventory and a common nomenclature of ingredients employed in cosmetic products [Official Journal L 132 of 1.6.1996].

Checking the composition of cosmetic products

First Commission Directive 80/1335/EEC of 22 December 1980 on the approximation of the laws of the Member States relating to methods of analysis necessary for checking the composition of cosmetic products [Amended by Directive 87/143/EEC, Official Journal L 57 of 27.2.1987].

Second Commission Directive 82/434/EEC of 14 May 1982 on the approximation of the Laws of the Member States relating to methods of analysis necessary for checking the composition of cosmetic products [Amended by Directive 90/207/EEC, Official Journal L 108 of 28.4.1990].

Third Commission Directive 83/514/EEC of 27 September 1983 on the approximation of the laws of the Member States relating to methods of analysis necessary for checking the composition of cosmetic products [OJ L 291 of 24.10.1983].

Fourth Commission Directive 85/490/EEC of 11 October 1985 on the approximation of the laws of the Member States relating to methods of analysis necessary for checking the composition of cosmetic products [OJ L 295 of 7.11.1985].

Fifth Commission Directive 93/73/EEC of 9 September 1993 on the methods of analysis necessary for checking composition of cosmetic products [OJ L 231 of 14.9.1993].

Sixth Commission Directive 95/32/EC of 7 July 1995 relating to methods of analysis necessary for checking the composition of cosmetic products [OJ L 178 of 28.7.1995].

Seventh Commission Directive 96/45/EC of 2 July 1996 relating to methods of analysis necessary for checking the composition of cosmetic products [OJ L 213 of 22.8.1996].

Another Normative about Cosmetic products

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Internal market > Pharmaceutical and cosmetic products

Cosmetic products (until 2013)

Document or Iniciative

Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (Cosmetics Directive) [See amending act(s)].

Summary

The free movement of cosmetic products within the European market cannot be restricted or prohibited by Member States if these products are not dangerous to human health under normal or foreseeable conditions of use.

However, if a cosmetic product conforming to this Directive constitutes a danger to human health, the Member State of the territory on which the product is marketed may take restrictive or prohibitive measures. In this instance, it informs the other Member States and the Commission so that appropriate measures can be taken throughout the European Union (EU).

Ingredients and composition

The Directive determines the list of substances which are prohibited in the composition of cosmetic products (Annex II) and the substances which are subject to restrictions or specific conditions of use (Annex III).

The Directive also contains lists of authorised colourings (Annex IV), preservatives (Annex VI) and UV filters (Annex VII).

Labelling

Containers and/or packaging must specifically mention, in indelible, easily legible and visible characters:

  • the name and address of the manufacturer or of the person responsible for marketing the product;
  • the nominal contents at the time of packaging, by weight or by volume;
  • the date of minimum durability indicated for products with a minimum durability of less than 30 months;
  • the period of time after opening for which the product can be used for products with a minimum durability of more than 30 months (indicated with the symbol representing an open pot of cream);
  • the function of the product and particular precautions for use;
  • the batch number.

This information must be in the official language(s) of the respective Member State.

Moreover, the labelling must contain a list of ingredients. Perfume and aromatic compositions are designated by the words “perfume” or “aroma”, except where these have been identified as a significant cause of allergic reactions.

Market surveillance

Member States are responsible for monitoring their market. To this end, they check the safety of products manufactured or imported in the EU. Furthermore, they also ensure that the characteristics attributed to cosmetic products are not deceptive.

The manufacturer, the importer or the person responsible for marketing the product must inform the national competent authorities when a product is imported into the EU for the first time.

Animal testing

The Directive puts an end to animal testing by imposing bans on:

  • testing finished cosmetic products and ingredients on animals (testing ban);
  • marketing finished cosmetic products which have been tested on animals or which contain ingredients that have been tested on animals (marketing ban).

With regard to repeated-dose toxicity tests, reproductive toxicity tests, and toxicokinetics, the marketing prohibition applies from 11 March 2013. This prohibition is applicable regardless of the availability of alternative test methods.

Context

This Directive is replaced by Regulation (EC) No 1223/2009 from 11 July 2013.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 76/768/EEC

30.7.1976

30.1.1978

OJ L 262 of 27.9.1976
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 79/661/EEC

26.7.1979

30.7.1979

OJ L 192 of 31.7.1979

Directive 82/368/EEC

19.5.1982

31.12.1983

OJ L 167 of 15.6.1982

Directive 83/574/EEC

4.11.1983

31.12.1984

OJ L 332 of 28.11.1983

Directive 88/667/EEC

14.1.1989

31.12.1989

OJ L 382 of 31.12.1988

Directive 89/679/EEC

3.1.1990

3.1.1990

OJ L 398 of 30.12.1989

Directive 93/35/EEC

23.6.1993

14.6.1995

OJ L 151 of 23.6.1993

Directive 2003/15/EC

11.3.2003

11.9.2004

OJ L 66 of 11.3.2003

Successive amendments and corrections to Directive 76/768/EEC have been incorporated in the basic text. This consolidated version  has a purely documentary value”.

Related Acts

Non-inclusion of ingredients on labelling

Commission Directive 95/17/EC

of 19 June 1995 laying down detailed rules for the application of Council Directive 76/768/EEC as regards the non- inclusion of one or more ingredients on the list used for the labelling of cosmetic products.

Inventory and common nomenclature of ingredients

Commission Decision 96/335/EC of 8 May 1996 establishing an inventory and a common nomenclature of ingredients employed in cosmetic products [Official Journal L 132 of 1.6.1996].

Checking the composition of cosmetic products

First Commission Directive 80/1335/EEC of 22 December 1980 on the approximation of the laws of the Member States relating to methods of analysis necessary for checking the composition of cosmetic products [Amended by Directive 87/143/EEC, Official Journal L 57 of 27.2.1987].

Second Commission Directive 82/434/EEC of 14 May 1982 on the approximation of the Laws of the Member States relating to methods of analysis necessary for checking the composition of cosmetic products [Amended by Directive 90/207/EEC, Official Journal L 108 of 28.4.1990].

Third Commission Directive 83/514/EEC of 27 September 1983 on the approximation of the laws of the Member States relating to methods of analysis necessary for checking the composition of cosmetic products [OJ L 291 of 24.10.1983].

Fourth Commission Directive 85/490/EEC of 11 October 1985 on the approximation of the laws of the Member States relating to methods of analysis necessary for checking the composition of cosmetic products [OJ L 295 of 7.11.1985].

Fifth Commission Directive 93/73/EEC of 9 September 1993 on the methods of analysis necessary for checking composition of cosmetic products [OJ L 231 of 14.9.1993].

Sixth Commission Directive 95/32/EC of 7 July 1995 relating to methods of analysis necessary for checking the composition of cosmetic products [OJ L 178 of 28.7.1995].

Seventh Commission Directive 96/45/EC of 2 July 1996 relating to methods of analysis necessary for checking the composition of cosmetic products [OJ L 213 of 22.8.1996].

Consumer credit

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Consumer credit

Outline of the Community (European Union) legislation about Consumer credit

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Other

Consumer credit

European legislation harmonises the general conditions relating to consumer credit, including the main information consumers ought to be aware of, and their obligations. This information includes the annual percentage rate of charge or, failing that, the total amount that the consumer must pay for credit.

Document or Iniciative

Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit [See amending acts].

Summary

The Directive aims to bring about a certain degree of approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit.

The Directive does not cover:

  • credit agreements for the purpose of acquiring or retaining property rights in land or a building;
  • credit agreements for the purpose of renovating or improving a building;
  • hiring agreements which do not provide for the title passing to the hirer;
  • credit free of interest or any other charge;
  • interest-free credit agreements where the consumer repays the credit in a single payment;
  • credit in the form of advances on a current account granted by a credit institution or financial institution, with the exception of credit card accounts;
  • credit agreements involving amounts less than EUR 200 or more than EUR 20 000;
  • credit agreements whereby the consumer undertakes to repay the credit either within three months or by a maximum of four payments within a 12-month period.

Member States may also exclude from the scope of the Directive certain types of credit which are granted at rates of charge below those prevailing in the market and which are not offered to the public generally.

Any credit-related advertising that indicates some aspect of the cost of the credit must also include a statement of the annual percentage rate of charge.

Credit agreements are to be made in writing. Besides the essential terms of the contract, an agreement must state the annual percentage rate of charge and the conditions under which it may be amended.

Where credit is granted in the form of an advance on a current account, the consumer is to be informed in writing, at or before the time the agreement is concluded:

  • of the credit limit, if any,
  • of the annual rate of interest and the charges applicable,
  • of the procedure for terminating the agreement.

Any change in the annual rate of interest or in the relevant charges, during the period of the agreement, must be notified to the consumer at the time it occurs.

In the case of credit granted for the acquisition of goods, Member States must lay down the conditions under which the goods may be repossessed and are to ensure that neither of the parties gains any unjustified enrichment.

The consumer may discharge his or her obligations under a credit agreement before the time fixed by the agreement. In this event, the consumer is entitled to an equitable reduction in the cost of the credit.

Where the creditor’s rights are assigned to a third person, the consumer’s rights remain unaffected and action to enforce any claim may be taken against that third person.

The Member States must ensure:

  • that consumers using bills of exchange are suitably protected, when such practices are allowed;
  • that the existence of a credit agreement does not affect the rights of the consumer vis-à-vis the supplier of goods or services purchased by means of such an agreement in cases where the goods or services are not supplied or are not in conformity with the contract.

The consumer may seek redress against the grantor of credit when the following conditions are fulfilled:

  • the consumer has entered into a credit agreement with a person other than the supplier of the goods or services purchased;
  • the grantor of the credit and the supplier of the goods or services have a pre-existing agreement under which credit is made available exclusively by the former;
  • the consumer obtains his or her credit pursuant to that pre-existing agreement;
  • the goods or services covered by the credit agreement are not supplied or are not in conformity with the contract;
  • the consumer has sought redress against the supplier but has failed to obtain satisfaction.

The Member States are to:

  • ensure that persons offering credit obtain official authorisation to do so;
  • ensure that the persons in question are subject to inspection by an official body;
  • promote the establishment of appropriate bodies for providing information and advice to consumers in respect of credit agreements and for receiving associated complaints.

The Council is required to revise the amounts laid down in the Directive, for the first time in 1995, and every five years thereafter.

The Member States must ensure that the rules set out in the Directive:

  • are complied with in credit agreements;
  • are not circumvented as a result of the way in which agreements are formulated, e.g. by the device of distributing the amount of credit over several agreements.

The Member States may introduce more stringent rules than those laid down in the Directive.

Directive 90/88/EEC sets out a single mathematical formula for calculating the annual percentage rate of charge throughout the Community and for determining credit cost items to be used in the calculation.

Directive 98/7/EC focuses on the calculation of the annual percentage rate of credit charge.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 87/102/EEC 12.01.1987 01.01.1990 OJ L 42 of 12.02.1987 Corrigendum OJ L 278 of 11.10.1988
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 90/88/EEC 01.03.1990 31.12.1992 OJ L 61 of 10.3.1990
Directive 97/7/EC 04.06.1997 4.6.2000 OJ L 101 of 1.4.1998
Directive 98/7/EC 21.4.1998 21.4.2000 OJ L 101 of 1.4.1998

Related Acts

Proposal for a Directive of the European Parliament and of the Council on the harmonisation of the laws, regulations and administrative provisions of the Member States concerning credit for consumers [COM(2002) 443 – Official Journal C 331 E, 31.12.2002].
This proposal seeks to repeal Directive 87/102/EEC by harmonising legislation in the different Member States, with the aim of enhancing consumer protection in relation to cross-border transactions so as to achieve an internal market in the consumer credit sector.

The proposal, as amended by the communication [COM(2005) 483 final] consolidating the earlier amendments, is underpinned by eight guidelines:

  • Harmonisation of consumer-related rules in the different Member States, which will not be allowed to add anything to the new rules.
  • Extension of the scope to cover all consumer credit. A series of cases are not covered, including mortgage credit, credit exceeding 50 000, hiring agreements (unless they pass the title to the hirer) and leasing agreements.
  • Consumer’s right of withdrawal within 14 days of signing the credit agreement, with no need to give a reason or pay additional costs.
  • Easier comparison between available forms of credit through the introduction of the rate expressing the capital cost (“borrowing rate”) and the annual percentage rate of charge, or, failing that, the total cost of the credit to the consumer, including, for example, insurance.
  • The lender is obliged to advise the consumer on the products offered and to satisfy himself about a client’s solvency before granting credit. The consumer also benefits from fuller information on costs, clauses and conditions of the product.
  • A personal guarantor is entitled to the same information as a borrower. In the event of consumers failing to fulfil their contractual obligations, there are ground rules for repossession of goods and debt recovery.
  • Registration of lenders and credit intermediaries, with ground rules laid down for the activities of intermediaries.
  • Where suppliers of goods and services act as credit intermediaries for lenders, the latter will be held jointly liable if obligations towards consumers are not met.

Reports

[COM(97) 465 final – Not published in the Official Journal].
Summary report of reactions and comments. This document follows on from the Commission report of 11 May 1995 on the application of Directive 87/102 for the approximation of laws, regulations and administrative provisions of the Member States concerning consumer credit (COM(95) 117 final, see above). It gives an overview of the comments made by the Member States, the financial services industry and consumer groups on the problems raised in report COM(95) 117 final.
The general thrust of the report, favouring Community-level harmonisation of provisions governing credit for consumers, is not endorsed by all the Member States, for reasons to do with subsidiarity and the volume of cross-border operations. Moreover, whilst representatives of the financial services industry are in favour of introducing codes of conduct, consumer groups would prefer the implementation of legislative measures.
Lastly, the deliberations on consumer credit must take into account analyses carried out in parallel areas.

[COM(96) 79 final – Not published in the Official Journal].
Commission report of 12 April 1996 on the operation of Directive 90/88/EEC.As far as the method for calculating the annual percentage rate of charge is concerned, the formula set out in Directive 90/88/EEC (Annex II) has been adopted by all the Member States except Germany, France and Finland.
As regards the elements of the cost of credit to be included in the calculation, the transposition of Directive 90/88/EEC into national legislation has resulted in a minimum harmonised level of protection for all the European Community’s consumers.

[COM(95) 117 final – Not published in the Official Journal].
Commission report of 11 May 1995 on the operation of Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit.
In this report, the Commission notes that most of the Member States have adopted more stringent provisions than those laid down in the Directive for the protection of consumers. It covers the following aspects:

  • extension of the scope of Directive 87/102/EEC;
  • advertising aimed at young consumers;
  • requirement for consumers to supply information and for professionals to give advice;
  • bank overdraft rules;
  • review of consumers’ circumstances before ordering repossession;
  • early repayment;
  • bills of exchange;
  • subsidiary liability;
  • creation of bodies authorised to receive consumer complaints;
  • cooling-off periods;
  • consequences of non-execution of consumer credit contracts;
  • usury;
  • credit intermediaries;
  • data protection;
  • guarantors;
  • over-indebtedness.

Resources

Further Reading

  • ARNOKOUROUS, G. I.,“The transposition of the Consumer Sales Directive into the Greek legal system”, ERPL, 2001, n.º 2-3, pp. 259 y ss.
  • ANDERS, “Zur Reform des Kaufrechts”, ZRP, 2000, pp. 293 y ss.
  • ARNOLD, S./Hannes UNBERATH, H., “Die Umsetzung der Richtlinie über den Verbrauchsgüterkauf in England”, ZEuP, 2004, n.º 2, pp. 366 y ss.
  • BALDUS, C., Binnenkonkurrenz kaufrechtlicher Sachmängelansprüche nach Europarecht, Baden-Baden, Nomos Verlag, 1999.
  • BRADGATE, R., “Harmonisation of Legal Guarantees: A Common Law Perspective”, Cons.L.J., 1995, pp. 94 y ss.
  • BIANCA, C. M., “L´attuazione della directtiva 99/44/CE in Italia e in Europa”, en AAVV, L´attuazione della Direttiva 99/44/CE in Italia e in Europa, Milano, Cedam, 2002, pp. 103 y ss.
  • BIN, M., “Per un dialogo con il futuro legislatore dell´attuazione: ripensare l´intera disciplina della non conformità dei beni nella vendita alla luce della direttiva comunitaria”, Contr. Impr./Eur., 2000, pp. 403 y ss.
  • BIN, M./CALVO, R./CIATTI, A./DELOGU, L., “Un progetto per l’attuazione in Italia della direttiva 1999/44/CE (dalla redazione torinese della rivista)”, Contr. Impr./Eur., 2001, pp. 156 y ss.
  • CRANSTON, R., “The Green Paper on Guarantees”, Cons.L.J., 1995, pp. 100 y ss.
  • BRÜGGEMEIER, G., “Zur Reform des deutschen Kaufrechts – Herausforderungen durch die EG-Verbrauchersgüterkaufrichtlinie”, JZ, 2000, pp. 529 y ss.
  • BRÜGGEMEIER, G., “Das neue Kaufrecht des Bürgerlichen Gesetzbuches”, WM, 2002, pp. 1376 y ss.
  • BUCK, “Kaufrecht”, en WESTERMANN (Coord.), Das Schuldrecht, 2002, pp. 105 y ss.
  • HOGG, M., “Scottish law and the European Consumer Sales Directive”, ERPL, 2001, n.º 2-3, pp. 337 y ss.
  • CALAIS-AULOY, J., “De la garantie des vices cachés à la garantie de conformité”, Mélanges Ch. Mouly, 1998, t. 2, pp. 63 y ss.
  • CALLIES, G.-P., “Nach der Schuldrechtsreform: Perspektiven des deutschen, europäischen und internationalen Verbrauchervertragsrechts”, AcP, 2003, n.º 4/5, pp. 575 y ss.
  • CALVAO DA SILVA, Venda de bens de consumo. Comentário, Coimbra, 2003.
  • HOWELLS, G./TWIGG-FLESNER, C., “Much ado about nothing?”, en M. SCHERMAIER (Coord.), Verbraucherkauf in Europa. Altes Gewährleistungsrecht und die Umsetzung der Richtlinie 1999/44/CE, München, Sellier, 2003, pp. 303 y ss.
  • CUGINI, S., “L’avant-projet sull’attuazione nel diritto francese della direttiva n. 44 del 1999”, Contr. Impr./Eur., 2003, n.º 2, pp. 902 y ss.
  • CZIESIELSKY, M., Verbrauchsgüterkaufrichtlinie und amerikanisches Gewährleistungsrecht im Vergleich, Hamburg, Kovac, 2003.
  • DE CRISTOFARO, G., Difetto di conformità al contratto e diritti del consumatore. L´ordinamento italiano e la direttiva 99/44/CE sulla vendita e le garanzie dei beni di consumo, Padova, Cedam, 2000.
  • JONGENEEL, R. H. C.,“The sale of goods in the Netherlands Civil Code: A contribution to the discussion about the Green Paper on guarantees for consumer goods and after-sales services”, Cons.L.J., 1995, pp. 143 y ss.
  • DE NOVA, G., “La recepzione della direttiva sulle garanzie nella vendita dei beni de consumo: vincoli, ambito di applicazione, difetto di conformità”, en AAVV, L´attuazione della Direttiva 99/44/CE in Italia e in Europa, Milano, Cedam, 2002, pp. 33 y ss.
  • DE SAINT DIDIER, C., “La directive 1999/44 du 25 mai 1999 sur certains aspects de la vente et des garanties des biens de consommation: impact pour les professionnels”, en J. LETE ACHIRICA (Ed.), Garantías en la venta de bienes de consumo. Les garanties dans la vente de biens de consommation, Santiago de Compostela, Ed. Universidad de Santiago de Compostela, 2004, pp. 277 y ss.
  • DELL’AQUILA, G./PARADISI, G., “La Direttiva 1999/44/CE, in materia di garanzie post-vendita a tutela dei consumatori, e il diritto vigente”, Disciplina del commercio, 2001, pp. 44 y ss.
  • SCHNYDER/EINHORN/GIRSBERGER (Coord.), Private Law in the International Arena – From National Conflict Rules Towards Harmonistation and Unification – Liber Amicorum Kurt Siehr, 2000, pp. 429 y ss.
  • DOEHNER, R., Die Schuldrechtsreform vor dem Hintergrund der Verbrauchsgüterkauf-Richtlinie. die Richtlinie des Europäischen Parlaments und des Rates zu bestimmten Aspekten des Verbrauchsgüterkaufs und der Garantien für Verbrauchsgüter und ihre Auswirkungen auf das deutsche Recht, Baden-Baden, Nomos Verlag, 2004.
  • EBERSOHL, J. N., Vertragsfreiheit und Verbrauchererschutz in der schwedischen Gesetzgebung der letzten Jahrzenhnte. Zum skandinavischen Einfluss aud das Europäische Verbraucherschtuzrecht, Göttingen, V & R Unipress, 2003.
  • ECCHER, B., “Il recepimento della direttiva 99/44/CE nell´ordinamento giuridico austriaco”, en AAVV, L´attuazione della Direttiva 99/44/CE in Italia e in Europa, Milano, Cedam, 2002, pp. 263 y ss.
  • SEFTON-FREEN, R., “The implementation of the directive on guarantees in France”, en M. SCHERMAIER (Coord.), Verbraucherkauf in Europa. Altes Gewährleistungsrecht und die Umsetzung der Richtlinie 1999/44/EG, München, Sellier, 2003, pp. 225 y ss.
  • FERRI, G. B., “Divagazioni intorno alla direttiva n. 44 del 1999 su taluni aspetti della vendita e delle garanzie dei beni di consumo”, Contr. Impr./Eur., 2001, pp. 51 y ss.
  • GALLO, P., “Le garanzie nella vendita di beni al consumo. Prospettive e riforma alla luce della direttiva 1999/44 CE”, Contr. Impr./Eur., 2001, pp. 78 y ss.
  • GAROFALO, L., “Le azioni edilizie e la direttiva 1999/44/CE”, en S.

    • Eco-label

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    Eco-label

    Outline of the Community (European Union) legislation about Eco-label

    Topics

    These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

    Other

    Eco-label

    The eco-label aims to promote products with a reduced environmental impact compared with other products in the same product group.

    Document or Iniciative

    Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme.

    Summary

    The Community Eco-label award scheme is designed to:

    • promote products which have a reduced environmental impact compared with other products in the same product group;
    • provide consumers with accurate and scientifically based information and guidance on products.

    The following are excluded from the Regulation’s scope:

    • foodstuffs;
    • drinks;
    • pharmaceutical products;
    • medical devices as defined by Directive 93/42/EEC;
    • substances or preparations classed as dangerous within the meaning of Directives 67/548/EEC and 1999/45/EC;
    • products manufactured by processes likely to significantly harm human beings and/or the environment.

    The eco-label may be awarded to products available in the Community which meet certain environmental requirements and specific label criteria.

    The environmental requirements are defined with reference to the assessment matrix given in Annex I to the Regulation and are subject to the methodological requirements set out in Annex II. The label may be awarded to products which contribute significantly to improvements in relation to key environmental aspects (or interaction with the environment, in particular energy use and the use of natural resources during the life cycle of the product).

    Awarding the label

    Eco-label criteria must be established by product group and be based on:

    • the product’s prospects of market penetration;
    • the technical and economic feasibility of the necessary adaptations;
    • the potential for environmental improvement.
    • they must represent a significant volume of sales and trade in the internal market;
    • they must have a significant environmental impact;
    • they must present a significant potential for effecting environmental improvements through consumer choice;
    • a significant part of the sales volume must be sold for final consumption or use.
    • manufacturers, importers, service providers, traders or retailers apply to the competent body designated by the Member State in which the product has been manufactured or first marketed or imported from a non-member country;
    • the competent body assesses whether the product conforms to the criteria of the eco-label and decides whether to award the label;
    • the competent body concludes a standard contract with the applicant, covering the terms of use of the label.

    The criteria are set, assessed and reviewed by the European Union Eco-Labelling Board (EUEB). They are published in the Official Journal of the European Union.

    The products must fulfill the following conditions:

    Applying for the award of a European eco-label:

    Applications for the award of an eco-label are subject to payment of a fee. The use of the label is also subject to the payment of an annual fee by the user.

    Any product to which the eco-label is awarded is recognisable by the ‘daisy’ logo, as described in Annex III to the Regulation.

    The Commission and the Member States must promote the use of the eco-label by means of awareness-raising actions and information campaigns. They must ensure coordination between the Community scheme and existing national schemes.

    Background

    This Regulation repeals Council Regulation (EEC) No 880/92 in order to improve the functioning of the Community Eco-label scheme.

    References

    Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal

    Regulation (EC) No. 1980/2000

    24.09.2000

    –

    OJ L 237 of 21.09.2000

    Related Acts

    Commission Decision of 10 November 2000 establishing the application and annual fees of the Community Eco-label [Official Journal L 293 of 22.11.2000].
    This Decision sets minimum and maximum fees, and the reductions granted in certain cases.
    Consolidated version

    Commission Decision of 10 November 2000 on a standard contract covering the terms of use of the Community Eco-label [Official Journal L 293 of 22.11.2000].
    This measure stipulates that the contract between the competent body and the applicant must be in the form set out in the Annex to the Decision. It also repeals Decision 93/517/EC on a standard contract covering the terms of use of the Community eco-label.

    Commission Decision of 10 November 2000 establishing the European Union Eco-labelling Board and its rules of procedure [Official Journal L 293 of 22.11.2000].

    Commission Decision of 10 November 2000 establishing the rules of procedure of the Consultation Forum of the revised Community Eco-label Scheme [Official Journal L 293 of 22.11.2000].

    Decisions awarding the Eco-label

    Commissoin Decision (Hard coverings).

    Commission Decision (Bed mattresses).

    Commission Decision (Tourist accommodation service).

    Commission Decision (Tissue paper, kitchen paper and other absorbant products for domestic use).

    Commission Decision (Textile products).

    Commission Decision (Campsite service).

    Commission Decision (Footwear).

    Commission Decision (Indoor paints and varnishes).

    Commission Decision (Outdoor paints and varnishes).

    Commission Decision (Televisions).

    Commission Decision(Dishwasher).
    Prolongation: Decision 2007/457/EC

    Consolidated version
    Commission Decision (copying and graphic paper)
    Prolongation: Decision 2007/457/EC

    Codified version
    Decision 2002/747/EC (light bulbs)
    Prolongation: Decision 2008/63/EC

    Consolidated version
    Decision (detergents for dishwashers)
    Prolongation: Decision 2008/889/EC

    Consolidated version
    Decision 2003/200/EC (laundry detergents)
    Prolongation: Decision 2008/63/EC

    Consolidated version
    Decision (washing machines)
    Prolongation: Decision 2000/45/EC

    Decision (refrigerators)
    Prolongation: Decision 2007/207/EC

    Decision 2005/341/EC(personal computers)
    Prolongation: Decision 2008/962/EC

    Codified version
    Decision (hand dishwashing detergents)

    Prolongation: Decision 2008/889/EC

    Codified version
    Decision (portable computers)
    Prolongation:Decision 2008/962/EC

    Codified version
    Decision (all-purpose cleaners and cleaners for sanitary facilities)

    Prolongation: Decision 2008/889/CE

    Codified version
    Decision (lubricants)

    Prolongation: Decision 2008/889/EC

    Codified version
    Decision (soil improvers)

    Decision 2007/64/EC (growing media)

    Decision 2007/506/EC (soaps, shampoos and hair conditioners)

    Decision 2007/742/EC (electrically driven, gas driven or gas absorption heat pumps).

    New rights for rail passengers

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    New rights for rail passengers

    Outline of the Community (European Union) legislation about New rights for rail passengers

    Topics

    These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

    Transport > Rail transport

    New rights for rail passengers

    Document or Iniciative

    Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations.

    Summary

    This Regulation aims at establishing rights and obligations for rail service users in order to improve the efficiency and appeal of rail transport for passengers.

    Scope

    This Regulation concerns all rail journeys and services provided under licence by one or more rail undertakings under Directive 95/18/EC.

    It does not apply to transport services or rail undertakings which are not licensed.

    A Member State has the option to grant an exemption from this Regulation for a maximum period of five years, which may be renewed twice. It may also exempt urban, suburban and regional rail passenger services from this Regulation.

    Passengers’ rights

    Rail passengers shall henceforth have new basic rights:

    Transport contract, information and tickets

    Passengers shall be given clear information:

    • before the journey, in particular concerning the relevant conditions applicable to the contract, timetables and the fares applied;
    • during the journey, in particular concerning any delays or interruptions to services;
    • concerning procedures for the submission of complaints.

    Rail undertakings shall make the purchasing of tickets easier for rail passengers. As a general rule tickets shall be sold at least either via ticket offices or selling machines, or on board trains or via widely available information technology (internet or telephone).

    Passengers and their luggage

    Passengers have the right to compensation if their registered luggage is lost or damaged (up to EUR 1,285 per item of luggage).

    This Regulation strengthens passengers’ rights to compensation in the case of death or injury. An advance shall:

    • be paid not later than fifteen days after the identification of the natural person entitled to compensation;
    • enable their immediate economic needs to be met;
    • be proportional to the damage suffered.

    Delays and cancellations

    This Regulation strengthens passengers’ rights to compensation in the case of delays or cancellations. Passengers may claim a minimum compensation equivalent to:

    • 25 % of the ticket price for a delay of 60 to 119 minutes;
    • 50 % of the ticket price for a delay of 120 minutes or more.

    In the case of a delay in arrival or departure, passengers have the right to:

    • meals and refreshments within reasonable limits;
    • accommodation where a stay of one or more nights becomes necessary;
    • transport to the departure or arrival point if the train is blocked on the track.

    Non-discrimination of disabled persons and persons with reduced mobility

    This Regulation gives disabled persons and persons with reduced mobility the following rights:

    • disabled persons and persons with reduced mobility have the right to non-discriminatory access to transport at no additional charge when buying a ticket or making a reservation;
    • upon request, disabled persons and persons with reduced mobility shall be provided with information concerning the accessibility of rail services and trains;
    • rail undertakings and station managers shall make all reasonable efforts to ensure that trains and other rail services are accessible;
    • rail undertakings and station managers shall make all reasonable efforts to provide assistance free of charge on board trains and at staffed stations; to guarantee assistance under good conditions, passengers are requested to comply with certain provisions (e.g. 48 hours’ notice before departure);
    • disabled persons and persons with reduced mobility have the right to compensation if the rail undertaking is responsible for the loss or damage of mobility equipment.

    Security, complaints and quality of service

    This Regulation obliges rail undertakings and stations managers to ensure passengers’ personal security in trains and stations in conjunction with the public authorities.

    Rail undertakings are henceforth required to put in place a complaints handling service in order to meet the rights and obligations covered by this Regulation.

    Member States must now offer passengers the option to submit a complaint to an independent body if they feel that their rights have not been respected. The minimum service quality standards include:

    • passenger information and tickets;
    • punctuality of service and general principles;
    • cancellation of services;
    • cleanliness of rolling stock and station facilities;
    • customer satisfaction surveys;
    • complaint handling, refunds and compensation for non-compliance with service quality standards;
    • assistance provided to disabled persons and persons with reduced mobility.

    Information to passengers about their rights

    Rail passengers shall be informed of their rights and obligations under this Regulation when purchasing a ticket.

    Context

    This Regulation comes under the framework of the Common Transport Policy and contributes to the aim of protecting rail passengers’ rights.

    References

    Act Entry into force Deadline for transposition in the Member States Official Journal
    Regulation (EC) No 1371/2007

    3.12.2009

    –

    OJ L 315 of 3.12.2007

    RELATED ACTS

    Communication from the Commission of 3 March 2004 – Further integration of the European rail system: third railway package [COM(2004) 140 final – Not published in the Official Journal].

    Cross-border payments in euros

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    Cross-border payments in euros

    Outline of the Community (European Union) legislation about Cross-border payments in euros

    Topics

    These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

    Internal market > Single market for capital

    Cross-border payments in euros

    Document or Iniciative

    Regulation (EC) No 924/2009 of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001 (Text with EEA relevance).

    Summary

    This Regulation guarantees that national and cross-border payments made in the Community are subject to the same rules with regard to bank charges.

    Scope

    The payments concerned must not exceed EUR 50,000. They are to be made in euros or in the national currency of Member States wishing to apply the Regulation. Thus, following a request from Sweden, the principle of equality of charges also applies to payments made in Swedish kronor.

    The Regulation shall not apply to payments made by payment service providers * for their own account or on behalf of other payment service providers. Furthermore, the Regulation shall not apply to currency conversion charges.

    Equality of charges applicable to payments

    Service providers shall levy identical charges for:

    • cross-border payments and electronically processed payment transactions where the payer’s payment service provider and the payee’s payment service provider are located in different States;
    • national payments and electronically processed payment transactions where the two service providers are located in the same State.

    Facilitating the automation of payments

    Payment service providers shall give each client an International Bank Account Number (IBAN). They shall also communicate their Bank Identifier Code (BIC). These codes shall be indicated by clients when making cross-border transactions. Failing this, the client may be subject to additional charges. Service providers must inform their clients of the amount of additional charges before a transaction takes place.

    Compliance with regulatory obligations

    Member States shall designate the competent authorities responsible for ensuring compliance with this Regulation.

    If there is an infringement of the provisions by service providers, service users or any interested party may submit claims to national authorities. Member States shall establish out-of-court complaint and redress procedures. They shall designate or create competent bodies.

    Member States shall lay down penalties to be applied in the event of infringement.

    Cross-border cooperation

    The competent authorities and the bodies responsible for out-of-court complaint and redress procedures shall expeditiously cooperate in solving cross-border disputes.

    Context

    Regulation (EC) No 2560/2001 is repealed, as from 1 November 2009.

    Key terms
    • Payment service providers: means in particular credit institutions, electronic money institutions, payment institutions, post office giro institutions, the European Central bank and national central banks, Member States or their regional and local authorities (when not acting in their capacity as public authorities).

    References

    Act Entry into force Deadline for transposition in the Member States Official Journal
    Regulation (EC) No 924/2009

    1.11.2009

    –

    OJ L 266 of 9.10.2009

    Related Acts

    Communication from the Commission of 10 September 2009 – Completing SEPA: A Roadmap for 2009-2012 [COM(2009) 471 final – Not published in the Official Journal].

    The Roadmap presented by the Commission lays down the priorities for the Single Euro Payments Area (SEPA) for the period 2009-2010. These priorities concern Member States which have adopted the euro or are preparing to do so, as well as Sweden. These priorities should:

    • accelerate the migration of financial products and payment standards towards SEPA products;
    • increase the visibility of SEPA and its products;
    • complete the legal environment for SEPA and strengthen compliance of its standards with those of the European Payments Council;
    • ensure standardisation, interoperability and security of the processing of payments;
    • improve governance of SEPA, through the establishment of a new competent body at European level.

    Communication 2002/C 165/08 from the Commission of 11 July 2002 pursuant to Article 9 of Regulation (EC) No 2560/2001 of the European Parliament and of the Council [Official Journal C 165 of 11.7.2002].
    The Commission received notification on 28 June 2002 of the decision of the Swedish authorities to extend the application of the Regulation to the Swedish kronor.

    Another Normative about Cross-border payments in euros

    Topics

    These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

    Other

    Cross-border payments in euros

    This Regulation provides that the charges levied on payments in euros between bank accounts in different Member States must not be higher than those levied on payments in euros within a Member State. Transactions by debit card and withdrawals from ATMs are also covered by the Regulation.

    Document or Iniciative

    Regulation (EC) No 2560/2001 of the European Parliament and of the Council of 19 December 2001 on cross-border payments in euro.

    Summary

    This Regulation is designed to put charges for cross-border payments in euros on the same footing as those for payments in that currency within a Member State. It sets a maximum amount of €50 000 and does not apply to cross-border payments between institutions for their own account.

    Reducing costs and making cross-border payments easier for citizens

    Cross-border payments comprise:

    • cross-border credit transfers: Transactions carried out by the originator via an institution in one Member State, in order to place a sum of money at the disposal of a beneficiary in the latter’s institution in another Member State (the originator and the beneficiary may be the same person);
    • cross-border electronic payment transactions: Cross-border funds transfers effected by an electronic payment method or cash withdrawals;
    • cross-border cheques: paper cheques.

    An institution must make available to its customers in a readily comprehensible form, in writing and, where appropriate, by electronic means, prior information on the charges levied in respect of: cross-border payments, payments transacted within the Member State in which it is located and the exchange of currencies into and from euros.

    Any change in the charges must be notified in advance of the date of application.

    Facilitating cross-border transfers: IBAN number and BIC code

    Institutions must notify customers on request of their International Bank Account Number (IBAN) and the institution’s Bank Identifier Code (BIC). In order to pay only the charges that apply to domestic transfers, customers are required to indicate the IBAN of the beneficiary and the BIC of the beneficiary’s institution.

    Applying the Regulation to Member States outside the euro zone

    This Regulation also applies to cross-border payments made in the currency of another Member State, once the latter has notified the Commission that it has decided to extend the Regulation’s application to its currency. To date, only the Swedish authorities have asked for the Regulation’s application to be extended to their currency, the Swedish krona. This means that cross-border payments within the European Union (EU) in Swedish kroner are covered by the Regulation in the same way as payments in euros. (For more information, please consult the document explaining the practical implications of Article 9 of the Regulation (pdf )).

    This Regulation also applies to cross-border transfers to accounts in euros even if they have been opened in an EU country outside the euro zone, such as the United Kingdom.

    References

    Act Entry into force Transposition in the Member States Official Journal
    Regulation (EC) No 2560/2001

    31.12.2001

    –

    OJ L 344 of 28.12.2001

    Related Acts

    Proposal for a Regulation of the European Parliament and of the Council of 13 October 2008 on cross-border payments in the Community [COM(2008) 640 final – Not published in the Official Journal].
    This proposed Regulation will replace the above Regulation, in order to realise an Internal Market for payment services in euro. Such an Internal Market will provide national and cross-border payments with the same rules and allow for more effective competition within the EU. The new Regulation will also improve consumer protection and establish the necessary legal framework to create an up-to-date and effective European level payment system.
    The proposed amendments to the existing Regulation were derived, in particular, from the Commission’s report on its application (below). With the new Regulation, its scope will be extended so that:

    • national and cross-border direct debits will also be covered by the equality of charges principle, meaning that costs for these would be the same in each Member State;
    • the obligation for payment service providers to report on the statistics concerning the balance-of-payments (BoP) will be phased out.

    In addition, Member States will be requested to appoint competent authorities and out-of-court redress bodies for ensuring that the new Regulation is applied correctly. These will also provide arbitration and mediation in payment-related disputes.
    Co-decision procedure (2008/0194/COD)

    Report from the Commission to the European Parliament and the Council of 11 February 2008 on the application of Regulation (EC) No 2560/2001 on cross-border payments in euro [COM(2008) 64 final – Official Journal C 207 of 14.8.2008].

    This report examines the practical problems encountered in the application of Regulation (EC) No 2560/2001. It confirms that the Regulation has helped bring about a substantial reduction in the charges linked to cross-border transfers. Also, prompted by the Regulation, the financial services sector has taken the necessary action to realise the notion of an ‘internal payments area’ for non-cash payments, namely the Single Euro Payments Area (SEPA).
    Nevertheless, the Commission notes in its report that the Member States should set up competent authorities and proper procedures to permit the amicable settlement of disputes between a bank and its client so as to protect consumers’ rights. In addition, the Regulation should be extended to cover direct debits, a payment method not yet available across borders. The Commission intends to submit a proposal for legislation in autumn 2008.

    Communication from the Commission of 2 December 2003 concerning a New Legal Framework for Payments in the Internal Market (Consultative Document) [COM(2003) 718 final – Official Journal C 96 of 21.4.2004].
    The purpose of this Communication is to consult interested parties on the general principles underpinning modernisation of the legal framework for retail payment services in the internal market. The consultation, which deals with a number of legal and technical issues, should enable the Commission to put forward appropriate proposals for a new legal framework for payments.

    Communication from the Commission of 11 July 2002 pursuant to Article 9 of Regulation (EC) No 2560/2001 of the European Parliament and of the Council [Official Journal C 165 of 11.7.2002].

    On 28 June 2002, the Commission received notification of the Swedish authorities’ decision to extend the application of the Regulation to the Swedish krona.

    A Strategy for Europe on nutrition, overweight and obesity related health issues

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    A Strategy for Europe on nutrition, overweight and obesity related health issues

    Outline of the Community (European Union) legislation about A Strategy for Europe on nutrition, overweight and obesity related health issues

    Topics

    These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

    Public health > Health determinants: lifestyle

    A Strategy for Europe on nutrition, overweight and obesity related health issues

    Document or Iniciative

    White Paper of 30 May 2007, “A Strategy for Europe on Nutrition, Overweight and Obesity related health issues” [COM(2007) 279 final – Not published in the Official Journal].

    Summary

    The purpose of this White Paper is to set out an integrated approach to contribute to reducing ill health due to poor nutrition, overweight and obesity.

    In order to tackle this public health problem, the Commission is in favour of the mainstreaming of nutrition and consumption policies, including in the areas of sport, education and transport. It is also vital to take into account the socio-economic dimension of the problem, as it is disadvantaged groups who suffer most from obesity. According to the Commission, Community measures to tackle obesity must be based on four pillars:

    • a clear reduction in high-risk behaviours (poor nutrition, lack of physical exercise);
    • the actions described are intended to work across government policy areas and at different levels, using a range of instruments including legislation, public-private partnerships and dialogue with civil society;
    • the participation of the private sector, for example the agri-food industry and civil society, as well as local stakeholders;
    • the systematic evaluation and follow-up of these measures to find out what is working well.

    A partnership-based approach

    The Commission is promoting initiatives such as the European Platform for Action “Diet, Physical Activity and Health”, launched in March 2005. Over almost two years, the members of the Platform have started more than 200 initiatives to promote better nutrition and physical activity in the EU. Ideas based on the creation of a clear and reliable system to monitor undertakings and a local approach have been developed.

    The involvement of local stakeholders (associations, SMEs) is one of the keys to the success of the strategy. In order to create a group dynamic, it is vital to create multilateral partnerships linking as many players as possible at all levels. The national authorities would be responsible for coordination, in order to ensure the relevance of the measures in the field of public health. The Member States would also be responsible for encouraging the media to take part in developing common messages and campaigns.

    The Commission will create a high-level group on health, nutrition and physical exercise in order to promote the exchange of practices and improve links with governments. This group’s task will be to ensure that the Member States exchange ideas and good practices in all of their government policies. The European Platform will facilitate communication between the various sectors, and the mandate of the European network on nutrition will be extended to support the group’s work.

    Better-informed consumers

    Food and lifestyle preferences are often the product of the environment where a person grows up. In the light of this, the Commission would like to encourage three aspects:

    • improving information for consumers, in particular by way of nutritional labelling, the overhaul of which is currently being studied by the Commission. Another related aspect is that of the rules concerning claims made by the manufacturers of food products, in order to monitor the reliability of the scientific and nutritional information communicated by manufacturers;
    • promoting codes of conduct for advertising and marketing where the message is intended to influence eating habits, especially those of children;
    • developing specific education and information campaigns (e.g. on poor nutrition and overweight) for vulnerable groups, in cooperation with the Member States and the stakeholders concerned.

    More accessible healthy food

    The Common Agricultural Policy (CAP) can be used by the Commission to achieve its public health objectives. Reform of the common market organisation for fruit and vegetables is one of these tools: the Commission will encourage the distribution of surplus production to public educational establishments and children’s holiday centres. The Commission has other promotional tools at its disposal, thanks to reform of the common organisation of the market, such as campaigns targeting young consumers or the creation of a project to encourage the consumption of fruit at school, co-funded by the EU.

    Encouraging physical activity

    The Commission defines physical activity as a whole range of activities from organised sports to “active commuting” and wants the Member States and the EU to take proactive steps in this area, including steps relating to sustainable urban transport.

    Priority groups and environments

    Obesity is increasing significantly among children, particularly those from the most disadvantaged socio-economic groups. Nevertheless, local activities targeting children (0-12 years) in the areas of nutritional and physical education have proved to be effective. These two disciplines are thus priorities in the new Lifelong Learning Programme (2007-2013).

    The role of research

    Research plays a major role in combating obesity, so the Commission wishes to find out more about the determinants of food choices, in particular by way of the health and nutrition strand of the seventh EU research framework programme.

    Monitoring policies

    The Commission has decided to step up the monitoring of data on obesity and overweight at three main levels:

    • at macro level, to obtain coherent and comparable data on universal indicators of progress in the context of the European Community Health Indicators (ECHI) associated with diet and physical activity;
    • at Member State level, to assess the current activities and their impact;
    • at the level of the individual programmes.

    The Commission would, however, like to point out that all the actions proposed will complement and support existing measures in the Member States.

    Involvement of the private sector

    Private-sector players can help to promote healthy eating habits among consumers, e.g.

    • by promoting healthy foods by making them more accessible and affordable: the food industry also has a role to play in adjusting the ingredients of its products (salt, fat and sugar content);
    • by informing consumers, retailers and enterprises and contributing to voluntary initiatives at national level;
    • by encouraging physical exercise. Sports organisations could work with the public health sector to create advertising and marketing campaigns to promote physical activity;
    • by targeting priority groups. An appropriate non-commercial partnership between schools and the private sector could be created. It would also be a good idea for companies to contribute to promoting healthy lifestyles among their staff at the workplace;
    • by copying good practices, in particular those of civil society organisations working in the fields of health, youth and sports whose methods have proved to be effective.

    International cooperation

    The Commission is currently collaborating with the World Health Organisation (WHO) to develop a nutrition and physical activity surveillance system for the EU27 as one of the follow-up actions of the European Charter on Counteracting Obesity adopted in Istanbul on 16 November 2006.

    Community Tobacco Fund: information programmes

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    Community Tobacco Fund: information programmes

    Outline of the Community (European Union) legislation about Community Tobacco Fund: information programmes

    Topics

    These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

    Public health > Health determinants: lifestyle

    Community Tobacco Fund: information programmes

    Document or Iniciative

    Commission Regulation (EC) No 2182/2002 of 6 December 2002 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund [See amending acts].

    Summary

    The Community Tobacco Fund was established in 1992 by the Regulation on the common organisation of the market in raw tobacco. It finances measures with a view to:

    • improving knowledge of the harmful effects of tobacco and appropriate preventive and curative measures;
    • directing Community production towards other crops or other job-creating economic activities.

    Information programmes

    The Fund finances information programmes designed to improve the public’s understanding of the harmful effects of tobacco consumption, including projects to raise public awareness of the harmful effects of tobacco consumption, to prevent and stop people from smoking, and to disseminate the results achieved by such projects. Natural and legal persons submitting projects accept the conditions laid down in this Regulation, including the commitment to contribute at least 25 % of the total financing needed for the project out of their own resources.

    As regards information programmes, the Commission manages the Fund, assisted by a scientific and technical committee.

    The independent experts responsible for evaluating the submitted projects check that they comply with certain conditions. For example, projects must make provision for a partnership linking natural or legal persons established in several Member States, adapting cultural and linguistic variables accordingly.

    Once a project is selected for financing, a contract governs the relationship between the Commission and the natural or legal person who submitted it. The Regulation includes a detailed description of what must be included in the contract.

    Conversion measures

    The Fund has financed:

    • individual measures to encourage diversification in the activities of tobacco-growing holdings, through producer training and the creation of marketing structures for quality products other than tobacco;
    • general interest measures including studies on the opportunities to switch production to other crops or activities, guidance for producers who give up tobacco production, and innovative experiments for demonstration purposes.

    The last conversion measures funded were submitted in 2006.

    References

    Act Entry into force Deadline for transposition in the Member States Official Journal

    Regulation (EC) No 2182/2002

    10.12.2002

    –

    OJ L 331 of 7.12.2002
    Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

    Regulation (EC) No 480/2004

    19.3.2004

    –

    OJ L 78 of 16.3.2004

    Regulation (EC) No 1881/2005

    25.11.2005

    –

    OJ L 301 of 18.11.2005

    The successive amendments and corrigenda to Regulation No 2182/2002 have been incorporated into the basic text. This consolidated versionis for reference purposes only.

    Related Acts

    Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products [Official Journal L 194 of 18.7.2001].
    With a view to ensuring a high level of health protection, this Directive contains provisions on the tar yield of cigarettes, tobacco for oral use, and the labelling of tobacco products.

    Commission Decision 2003/641/EC of 5 September 2003 on the use of colour photographs or other illustrations as health warnings on tobacco packages [Official Journal L 226 of 10.9.2003].
    The objective of this Decision is to lay down rules for the use, on cigarette packets, of colour photographs or other illustrations showing the effects of smoking on health. It constitutes a follow-up to Directive 2001/37/EC on tobacco products, which already requires the size of health warnings on packaging to be increased. However, the use of shock images in addition to messages is not compulsory.

    Ecolabel

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    Ecolabel

    Outline of the Community (European Union) legislation about Ecolabel

    Topics

    These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

    Enterprise > Interaction between enterprise policy and other policies

    Ecolabel

    Document or Iniciative

    Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel.

    Summary

    The EU Ecolabel may be awarded to products and services which have a lower environmental impact than other products in the same group *. The label criteria were devised using scientific data on the whole of a product’s life cycle, from product development to disposal.

    The label may be awarded to all goods or services distributed, consumed or used on the Community market whether in return for payment or free of charge. It does not apply to medicinal products for human or veterinary use, or to medical devices.

    The system was introduced by Regulation (EEC) No 880/92 and amended by Regulation (EC) No 1980/2000. This Regulation (EEC) No 66/2010 aims to improve the rules on the award, use and operation of the label.

    Award criteria

    The label shall be awarded in consideration of European environmental and ethical objectives. In particular:

    • the impact of goods and services on climate change, nature and biodiversity, energy and resource consumption, generation of waste, pollution, emissions and the release of hazardous substances into the environment;
    • the substitution of hazardous substances by safer substances;
    • durability and reusability of products;
    • ultimate impact on the environment, including on consumer health and safety;
    • compliance with social and ethical standards, such as international labour standards;
    • taking into account criteria established by other labels at national and regional levels;
    • reducing animal testing.

    The label cannot be awarded to products containing substances classified by Regulation (EC) No 1272/2008 as toxic, hazardous to the environment, carcinogenic or mutagenic, or substances subject to the regulatory framework for the management of chemicals.

    Competent bodies

    Member States shall designate one or more bodies responsible for the labelling process at national level. Their operations shall be transparent and their activities shall be open to the involvement of all interested parties.

    They are specifically responsible for regularly checking that products comply with the label criteria. Their remit also includes receiving complaints, informing the public, monitoring false advertising and prohibiting products.

    The procedure for award and use of the label

    In order to be awarded the label, economic operators shall submit an application to:

    • one or more Member State(s), which will send it to the competent national body;
    • a third State, which will send it to the Member State where the product is marketed.

    If the product complies with the label criteria, the competent body shall conclude a contract with the operator, establishing the terms of use and withdrawal of the label. The operator may then place the label on the product. The use of the label is subject to payment of a fee when the application is made, and an annual fee.

    The Commission has created a catalogue of products which have been awarded the label.

    The European Union Ecolabelling Board (EUEB)

    The Commission shall establish a committee representing the national competent bodies. The Commission shall consult the EUEB when developing or revising the award criteria and requirements of the label.

    Context

    Regulation (EC) No 1980/2000 is repealed. However, it shall continue to apply to contracts concluded before the current Regulation entered into force, until the date of expiry specified in the contracts.

    Key terms of the Act
    • Product group: a set of products that have a similar purpose, use or properties, and are similar in terms of consumer perception.

    References

    Act Entry into force Deadline for transposition in the Member States Official Journal

    Regulation (EC) No 66/2010

    20.2.2010

    –

    OJ L 27, 30.1.2010

    Related Acts

    Commission Decision 2010/709/EU of 22 November 2010 establishing the European Union Ecolabelling Board (notified under document C(2010) 7961) Text with EEA relevance

    This Directive establishes the European Union Ecolabelling Board (EUEB). Its members are appointed by the Commission. It is composed of representatives from the European Union Member States and the European Economic Area, as well as from national and European competent organisations.

    Insurance brokerage

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    Insurance brokerage

    Outline of the Community (European Union) legislation about Insurance brokerage

    Topics

    These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

    Internal market > Single market for services > Financial services: insurance

    Insurance brokerage

    Document or Iniciative

    Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation [OJ L 9 of 15.1.2003].

    Summary

    Insurance intermediaries * are considered as the vital links in the selling of insurance products in the European Union (EU).

    This Directive aims to make it easier for insurance intermediaries to avail themselves of the right to freedom of establishment and freedom to provide services and to guarantee a high level of protection for their customers. It also aims to increase the supply of insurance products to consumers.

    Registration conditions

    Insurance or reinsurance intermediaries are registered by a competent authority in their Member State of origin (where the insurance firm’s registered office is located). They can carry out business in other Member States by way of freedom to provide services or by opening a branch.

    Professional requirements

    Registration is subject to strict requirements as regards professionalism and competence since intermediaries must have the necessary general, commercial and professional knowledge and ability.

    Intermediaries must be covered by professional indemnity insurance for professional negligence. Insurance intermediaries who handle customers’ money are furthermore required to have sufficient financial capacity.

    Exchange of information between Member States

    The Directive provides rules on the information which intermediaries are required to send to potential customers. It requires that insurance intermediaries provide customers with clear explanations of the reasons underlying their advice when selling a specific insurance product. They must set out in writing in a manner comprehensible to customers why they recommend a particular product, bearing in mind the needs of the interested parties. For instance, the latter need to know whether they are negotiating with an intermediary appointed by one or more firms or whether they are dealing with an intermediary who is advising them on the whole range of products available on the market.

    Settlement of disputes

    The Directive encourages the Member States to put in place adequate and efficient procedures with a view to out-of-court settlements by using, in particular, the FIN-NET cross-border network.

    Information provided by the insurance intermediary

    Insurance intermediaries are required to provide certain information upon signature or renewal of the insurance contract:

    • his identity and address;
    • his registration number;
    • whether he has a holding, whether direct or indirect, representing more than 10 % of the voting rights or of the capital in a given insurance undertaking;
    • whether an insurance undertaking has a holding, whether direct or indirect, representing more than 10 % of the voting rights or of the capital of the insurance undertaking.
    Key terms of the Act
    • Insurance intermediary: any natural or legal person who, for remuneration, takes up or pursues insurance mediation, which consists of introducing, proposing or carrying out other work preparatory to the conclusion of contracts of insurance, or of concluding such contracts, or of assisting in the administration and performance of such contracts, in particular in the event of a claim.

    References

    Act Entry into force Deadline for transposition in the Member States Official Journal

    Directive 2002/92/EC

    15.1.2003

    15.1.2005

    OJ L 9 of 15.1.2003

    Prospectus to be published when securities are offered to the public or admitted to trading

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    Prospectus to be published when securities are offered to the public or admitted to trading

    Outline of the Community (European Union) legislation about Prospectus to be published when securities are offered to the public or admitted to trading

    Topics

    These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

    Internal market > Financial services: transactions in securities

    Prospectus to be published when securities are offered to the public or admitted to trading

    Document or Iniciative

    Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC [See amending act(s)].

    Summary

    The purpose of the Directive is to harmonise requirements for the drafting, approval and distribution of the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market situated or operating within a Member State.

    The Directive introduces rules making it easier and cheaper for companies to raise capital throughout the EU on the basis of approval from a regulatory authority in one Member State (‘home competent authority’). It reinforces protection for investors by guaranteeing that all prospectuses, wherever they are issued in the EU, provide them with the clear and comprehensive information they need to make investment decisions.

    Obligation to publish a prospectus

    The Member States do not authorise any offering of securities to the public on their territory unless a prospectus has been published previously, except where an offer of securities:

    • is addressed solely to qualified investors; and/or
    • is addressed to fewer than 150 natural or legal persons other than qualified investors; and/or
    • is addressed to investors who acquire securities for a total consideration of at least EUR 100 000 per investor, for each separate offer; and/or
    • has a denomination of at least EUR 100 000; and/or
    • has a total value in the EU, over a period of 12 months, of less than EU 100 000.

    This Directive therefore provides for derogations. The latter are regulated by technical standards prepared by the European Securities and Markets Authority (ESMA) and adopted by the European Commission.

    Characteristics of the prospectus

    A prospectus is a disclosure document containing financial information which concerns the issuer and the securities to be offered to the public or admitted to trading on regulated markets. It must contain a summary of the information relating to the securities in question, acting as a guide for investors. Nevertheless, the summary is not generally mandatory if the prospectus relates to the admission to trading on a regulated market of non-equity securities with a denomination of at least EUR 100 000.

    Information to be included

    Information to be included in the prospectus relates in particular to:

    • securities (equity and non-equity);
    • the various types and characteristics of offers and admissions to trading on a regulated market of non-equity securities;
    • the activities and size of the issuer;
    • the public status of the issuer.

    Some items of information may not be disclosed if they are contrary to the public interest, likely to seriously prejudice the issuer, or of minor importance. The ESMA participates in drafting norms relating to the omission of this kind of information.

    The validity of a prospectus is 12 months, provided it is updated and supplemented with the required items.

    Approval of the prospectus

    No prospectus can be published until it has been approved by the competent authority of the home Member State. This competent authority must notify the ESMA at the same time as the issuer, the person offering the securities or the person seeking admission to trading on a regulated market, of its decision regarding the approval of the prospectus. This notification must be given within ten working days of the submission of the draft prospectus (twenty working days if the public offer involves securities issued by an issuer who does not have any securities admitted to trading on a regulated market and who has not previously offered securities to the public).

    Publication of the prospectus

    As soon as the prospectus has been approved, it is deposited with the competent authority of the home Member State and made available to the ESMA. It is also published by one of the following methods:

    • in a newspaper disseminated nationally or having a wide readership;
    • in printed form;
    • on the issuer’s website;
    • on the website of the regulated market;
    • on the website of the competent authority of the home Member State.

    The ESMA publishes a list of approved prospectuses on its website.

    References

    Act Entry into force Deadline for transposition in the Member States Official Journal

    Directive 2003/71/EC

    31.12.2003

    1.7.2005

    OJ L 345, 31.12.2003
    Amending Act(s) Entry into force Deadline for transposition in the Member States Official Journal

    Directive 2010/73/EC

    31.12.2010

    1.7.2012

    OJ L 327, 11.12.2010

    Directive 2010/78/EC

    4.1.2011

    31.12.2011

    OJ L 331, 15.12.2010

    Related Acts

    Commission Regulation (EC) No 1569/2007 of 21 December 2007 establishing a mechanism for the determination of equivalence of accounting standards applied by third country issuers of securities pursuant to Directives 2003/71/EC and 2004/109/EC of the European Parliament and of the Council [Official Journal L 340 of 22.12.2007].

    This Regulation lays down the conditions according to which accounting standards in force in a third country are considered to be equivalent to “International Financial Reporting Standards” or “IFRS”, which are the international accounting standards adopted by the EU. The accounting standards applied within a third country are considered to be equivalent to international standards if investors are able to assess, inter alia, the assets, financial situation, and profits of the issuer in the same way as financial statements established pursuant to IFRS. The decision relating to the determination of such equivalence is to be taken at the Commission’s initiative, upon request from the competent authority of a Member State or from an authority responsible for accounting standards or the monitoring of markets in a third country. The decision in respect of equivalence is made public.

    Commission Regulation (EC) No 809/2004 of 29 April 2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards information contained in prospectuses as well as the format, incorporation by reference and publication of such prospectuses and dissemination of advertisements [Official Journal L 149 of 30.4.2004].

    The Regulation lays down the arrangements for implementing Directive 2003/71/EC as regards both the format of the prospectus and the documents relating to the information to be included in the prospectus. It spells out in particular the requirements for the information to be contained in the prospectus and the base prospectus as well as in the schedule, i.e. the basic list of the minimum information required, and in the building block for additional information.