EU Consumers' 2020 Vision - The Consumer Voice in Europe - BEUC
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BEUC Represents 42 national consumer organisations Across 31 European countries Exists 18,262 days on 6 March 2012 50 years BEUC members Have 3,953 staff combined Gather 4,200,573 individual members and subscribers Advised 3,234,504 consumers in 2011 Won 2,633 court cases Tested 241,513 products since 2000 3
1. Introduction BEUC, The European Consumer Organisation, is 50 this year. To mark this anniversary, we have set out our vision for a 2020 EU Consumer Strategy. The strategy is based on the experiences of our 42 member consumer organisations in 31 European countries. Their daily contact with consumers across Europe has enabled us to identify the challenges that are facing these people – and that EU policymakers must address. We have also worked closely with a Consumer Strategy Panel, composed of policymakers, academics and stakeholders from business and public interest NGOs. In these times of economic crisis, a well-designed consumer policy is an essential factor of growth, of well-functioning markets and, above all, of consumer wellbeing. We will share BEUC’s vision with policymakers during our celebration year and in future. All stakeholders in Europe, whether they’re governments at European or national level, enforcement authorities, producers, retailers or consumer organisations, must provide the building blocks for a Europe where consumer wellbe- ing is guaranteed. Paolo Martinello President BEUC’s EU Consumers’ 2020 Vision 1
And according to Article 12 TFEU, consumer protec- tion requirements shall be taken into account in defining and implementing other Union policies and activities. 2. Old challenges, But the consumer protection framework needs to be constantly watched over: to monitor its enforcement, new challenges, ensure its relevance and provide, where needed, measures for improvement. Legislation has not prop- fresh vision erly addressed some of the existing challenges, and new challenges for policymakers are emerging all the time. 2.1. The regulatory background 2.2. Beyond laws and regulations EU consumer policy has entered its fifth decade. In the early days, the key challenges facing consumers Consumer policy strategy must constantly adapt to were: the global environment in which consumers live. Fast- •• product and services safety; evolving technologies are changing our lives, the way •• finding truthful and non-biased information, and we communicate and our relationship with products. having effective choice; The world works online without borders, and that •• gaining protection against abusive marketing includes formal and informal decision-making struc- practices and unfair contract terms; tures; our governments now engage with us on social •• access to redress and effective participation in networks, for example. Meanwhile, more and more decision-making. public services are being privatised. Consumer policy must keep pace and merge seamlessly with all these These have resulted in many different measures, laws critical developments, or it will be left behind, to the and regulations. EU consumer policy has a strong detriment of consumer wellbeing. legal grounding: Articles 114 and 169 of the Treaty on To ensure long-term consumer wellbeing, consumer the Functioning of the EU (TFEU) state that the EU policy must also address the crisis in world markets: institutions must base their measures on, and contrib- problems with the banks, the scarcity of raw materials, ute to, a high level of consumer protection. climate change and ageing populations. 2
Consumers’ lives have also become increasingly complex. We live in turbulent times. The impact of the Consumers also face problems of a more general nature such as the sheer 3. A people-centred increase in the number of areas that consumer policy they need to take responsibility for e.g. pensions, health or higher educations. strategy Decisions about these are complex and tempting to put off, but need to be In 2012, BEUC, The European Consumer Organisation, made early in life and have a lifelong celebrates its 50th birthday. During the past 50 years impact. (Which?, UK) we have seen, and strongly contributed to, some great achievements for the wellbeing and rights of EU 2008 recession, still being acutely felt in many mem- consumers: they have some of the strongest consum- ber states, has dented consumer welfare and spend- er rights in the world, clearer food labels, safer prod- ing power, and has sharply increased the number of ucts, holiday guarantees, cleaner beaches, cheaper people vulnerable to deprivation. At the same time, phone calls and can shop freely in the world’s largest our member organisations throughout Europe report internal trading market. But we feel that a ‘people- increasing numbers of complaints, toothless authori- centred’ consumer policy hasn’t been achieved. More ties that do not enforce consumer rights and failing work is needed to make sure consumers can really liberalised sectors that do not deliver value for money profit from the single market and to achieve a more or good service. sustainable, inclusive and responsive economy. In times like these, EU institutions must take charge and formulate a consumer policy strategy and actions Of 56,437 survey responses, 79% that have the vision, integrity and strength to ad- believe their rights are not respected. dress and remedy these failings. The economic crisis (UFC – Que Choisir, France) should be turned into an opportunity to put people at the centre of policymaking and have confident consumers as the drivers of well-functioning mar- BEUC’s EU Consumers’ 2020 Vision 3
kets. To see a shift to sustainable consumer patterns, policy decisions must be made in close cooperation with consumers and their representative consumer organisations. The ultimate goal of the strategy must be to improve consumer wellbeing through raising living standards 4. The EU single mar- while protecting the environment. It’s a tall order, but we believe it can be achieved. BEUC and its members ket: an unfinished are ready to support and cooperate in such action. In 2020 we want to see a Europe that strives to move symphony the world towards better consumer protection, and BEUC member organisations express mixed feel- where consumers: ings when it comes to the visible benefits that the •• have straightforward, meaningful choices in fair EU single market project has brought for consum- and competitive markets and can exercise them; ers. Many good things are highlighted: Innovation •• get access to and better value from all goods and stemming from ideas and competition, travelling services, including basics such as health, energy across borders, harmonised and improved consumer and food; rights (particularly from our members in the ‘newer’ •• benefit fully and safely from advances in member states) and pro-consumer improvements in technology; certain sectors, particularly telecoms and air travel. •• h ave the knowledge and awareness to exercise their rights; •• h ave access to impartial information and advice; Greek consumers have reaped great •• a re given adequate and efficient tools to obtain benefits, but they often ignore that redress; these are due to the Single Market. •• fi nd sustainable choices to be the easy and af- (E.K.PI.ZO, Greece) fordable ones; •• t rust that EU policymaking fully takes account of But the general feeling is that the EU single market is their interests; still only ‘a partial reality for consumers’. This partial •• a nd benefit from a strong and influential con- reality is particularly visible in the online environ- sumer movement at national and at EU level. 4
ment, where the EU digital market is still divided by regulation. While self-regulation can be a useful the established geographical borders, as a result of additional tool under certain conditions, our antiquated copyright laws and company practices. experience shows that many such initiatives fail As some have expressed it, while the single market to deliver concrete rights to consumers and fall engine has been put in place, its mechanisms are not short of being smart alternatives to regulation by working; the mechanisms to deliver for consumers public authorities. Financial services is one of the need to be reliable and consistent. major sectors where over-reliance on self-regula- tion has shown to be disastrous for consumers. •• National enforcement authorities with no teeth: Markets remain essentially domestic. Even when consumer protection regulation Few consumers venture across their does exist, in practice, there is an acute lack of borders, the reason being language and effective enforcement throughout the Union, aftersales service. (CLCV, France) and rights are widely violated as a consequence; this is also reported as an increasing problem as public budgets are squeezed more and more. 4.1. Reports from the frontline The fact that Europe imports a lot of its goods is a In a recent survey, we asked our members about cur- particular challenge in terms of enforcing product rent problems in their countries, future challenges safety rules. The public agencies regulating the and whether the single market has delivered for their energy and financial sectors come in for particular consumers. As trusted organisations working with mention. consumers and their problems on a daily basis, or car- •• Asserting legal rights: There is a lack of easy ac- rying out extensive research, they have their fingers cess to justice and redress, including alternative on the pulse and are well placed to assess conditions dispute resolution (ADR) and collective redress in their countries. Here is what they found: mechanisms. The extent and nature of this prob- lem varies between countries, as the systems are different in each. But in general, individual con- 4.1.1. Rights on paper, but not in reality sumers are deterred from going to court by the Our member organisations mentioned three key high costs and general bureaucracy of judicial sys- problems in the consumer protection landscape: tems, while various forms of non-judicial enforce- •• Too much room for self-regulation: In many ment, such as ombudsmen services, arbitration or sectors, EU policymakers rely on industry self- mediation services can be patchy and uncoordi- BEUC’s EU Consumers’ 2020 Vision 5
Clearly what we need is effective legisla- among authorities in charge of consumer protec- tion, rigorous enforcement combined tion and a lack of support to consumer organisations. This is a problem well evidenced in our recent report with cheap and effective means of re- on the state of the consumer movement in Central, dress - including collective redress and Eastern and South Eastern Europe (CESEE), and also ADR mechanisms. (OCU, Spain) in the Commission’s latest Scoreboard, which shows, for example, the minute amounts of money devoted nated. The problem is now even more acute due to this sector. to the squeeze on public funds. In some of the newer EU countries, the lack of access to justice is reported as being practically total. Online dispute There is limited understanding of the resolution is still in its infancy. The lack of effec- importance of consumer policy within tive redress mechanisms – public and private – is government, parliament and other seen as a major barrier to cross-border shopping. official bodies. (PIAA, Latvia) The latter problem is not confined to the newer mem- 4.1.2. Lack of official support for con- bers, however; the financial crisis and consequent sumer policy and organisations budget cuts are causing reductions in and mergers Consumer organisations from old and new member of dedicated consumer protection authorities in states generally reported the same problems, though other member countries too. Generally, our members those from the newer member states tended to remark that consumer protection authorities are just report more extreme cases of basic rights abuse by not strong or able enough to cope with the negative providers, as well as the need for consumer educa- impacts on consumers in complex liberalised markets tion. In all EU countries, as well as at EU level, consum- (such as energy, financial services and telecoms), even er organisations have insufficient funds to cover the though the situation does vary from country to coun- broad range of issues relevant to consumers. try. Further, in the context of increasing liberalisation, regulators are often the only authorities with pow- One important difference, however, was between the ers to deal with consumer protection in the sector at national governance systems – members in the newer stake. These regulators can be trapped in the so-called member states report a general lack of understanding ‘regulators’ capture’, i.e. they are more concerned with and support for consumer policy from both politicians creating the right market conditions for the industry and authorities, and a consequent lack of resources than with addressing the needs of consumers. 6
•• Delivering essential information in (often arti- 4.1.3. Empowerment or information ficially) complex ways: for example, detailing a overload? huge range of extra charges, clauses, product Empowering consumers is the holy grail of current combinations in ant-sized print. These can make EU strategy and research. It is also a policy target for it hard for consumers to understand or abide by national governments, often in tandem with poli- the rules, and easy for business to profit from cies for smarter regulation or deregulation. It means the extra charges. Too often companies make that consumers take decisions and choices into their deliberate use of consumer information fatigue own hands where they can – provided that they have and their behavioural biases in their communica- the right tools to do so. Tools such as ‘real choices, tion strategy. accurate information, market transparency and the confidence that comes from effective protection and solid rights’ (EU Consumer Policy Strategy, 2007-2013). Policy makers need to genuinely put If the 500 million EU consumers have all that, they can the interests of consumers - particularly influence markets with their collective power. vulnerable consumers - at the heart of decision making rather than just paying The reality, however, as our members tell us, is rather lip service to them. different. Numerous elements converge to disem- (Consumer Focus, UK) power consumers by making it impossible for them to understand and act on the information they receive. This increase in disempowerment, the reverse of This ‘information tyranny’ or ‘information pollution’ what official strategies aim for, is compounded by the takes the form of: fact that current policy initiatives do not necessar- • Information overload — the ‘volume’ of deci- ily take into account the different information needs sions that consumers must make has grown of people according to their particular conditions or exponentially. vulnerabilities. •• Increasing (sometimes artificially) the complex- Ultimately, this ‘confuseopoly’ makes choices difficult, ity of market sectors, products and services. as there are so many dimensions to consider for In recently liberalised sectors such as mobile each product and service. The ‘right’ choice is not an telephony or energy there are hundreds of com- easy one. Searching for and receiving the necessary plex tariffs, preventing consumers from making information — if it’s available — is not only compli- the most suitable choices. Our members call this cated, but demands a great deal of time, which most ‘telecomplicatious’ and ‘confuseopoly’. BEUC’s EU Consumers’ 2020 Vision 7
consumers in their hectic daily lives cannot and do •• In the energy market, there is concern over not want to spend. Being a well-informed consumer complex tariffs, rising prices, poor service or increasingly becomes a full-time job. miss-selling, difficulty in switching and confusion Finally, a modern consumer policy must take into over what consumers can do to lower their bills, account that information proliferation does not including energy efficiency. The result is a large automatically lead to ‘better’ consumer decisions, as increase in the number of consumers paying it does not generate consumer knowledge. Consumer too much for their energy and even unable to policy measures must therefore aim to improve con- afford to light and heat their homes. Markets do sumer knowledge, for example, by providing ‘choice not function properly, leading to dramatic price filters’ (something that consumer organisations are increases, and there is little choice or added value very good at providing for their members). in choosing between providers. •• In the food sector, as well as concerns about dra- matic increases in prices, the biggest concerns 4.1.4. Essential services and product were related to exposure to risks and hazards and sectors most problematic health, and in particular tackling increasing obe- Invariably, the most essential sectors for consumer sity rates and diet-related diseases. Our members wellbeing are also the most troublesome. Energy point to marketing to children and sponsorship and financial services are top of the list of consumer of children’s programmes by companies produc- ing foods high in fat, sugar and salt, perpetuating The supposed liberalisation of energy these problems into the future. •• In the retail financial services sector there is an markets exemplifies a failed liberalisa- even longer catalogue of concerns: needless tion policy bringing little benefit to con- complexity of financial products, a lack of trans- sumers. (Test-Achats/Test-Aankoop, parency within businesses and lack of trust in the Belgium) business itself; bad or insufficient advice and hid- den commissions for intermediaries resulting in concerns throughout member states, closely followed financial product miss-selling to consumers; high by digital and telecommunication services and the costs and risk compared to revenues in invest- food sector. Constantly rising prices are of universal ments; and no access to basic banking for some concern — but each of these sectors displays its own of the most vulnerable consumers. On top of all failures. this, there is snail-pace progress in measures to 8
42 members BEUC’s EU Consumers’ 2020 Vision
Austria Belgium > Members Verein für Test-Achats / Test-Aankoop Konsumenteninformation (VKI) • Founded in 1957 • Founded in 1961 • A BEUC founding member • A BEUC member since 1991 • 354 staff • 98 staff • Members in 2011: 350,000 • Subscriptions in 2011: private individuals 58,600 magazine and 9,500 online • Consumers advised in 2011: subscriptions 320,000 • Consumers advised in 2011: 116,641 • www.test-achats.be • www.konsument.at www.test-aankoop.be France Finland Organisation Générale des UFC – Que Choisir Consommation, Logement Kuluttajaliitto – Consommateurs (OR.GE.CO) et Cadre de Vie (CLCV) Konsumentförbundet ry • Founded in 1959 • Founded in 1951 • Founded in 1952 • Founded in 1990 • A BEUC founding member • A BEUC founding member • A BEUC member since 1991 • BEUC member since 1993 • 2 permanent staff • 124 staff • 15 staff • 11 staff • 174,656 website visits in 2010 • Members in 2011: 155,000 • Members in 2011: 31,000 • Consumers advised in 2011: • Consumers advised in 2011: • 388,740 subscribers to magazine • Consumers advised in 2011: 2,693 78,833 contacts including and 50,000 in free copies 100,000 • www.kuluttajaliitto.fi phone calls and emails • Consumers advised in 2011: • www.clcv.org • www.orgeco.net 200,000 by 160 local UFC-Que Choisir organisations and approxi- mately 100,000 complaints tackled • www.quechoisir.org
Bulgaria Cyprus Denmark Estonia Bulgarian National Cyprus Consumers’ Forbrugerrådet Eesti Tarbijakaitse Liit Association Active Consumers Association (BNAAC) • Founded in 1947 • Founded in 1994 • Founded in 1973 • A BEUC member since 1973 • A BEUC member since 2004 • Founded in 1999 • A BEUC member since 2002 • Staff: about 100 employees • Members in 2011: 7 regional con- • A BEUC member since • 4 staff • Members: About 83,000 individu- sumer associations 30th November, 2007 • Members in 2011: 5,000 als and more than 30 organisations • Website visits since 2003: 2,912,070 • 4 staff • Website visits: 5,000 per month • Consumers advised in 2011: 14,000 • www.tarbijakaitse.ee • Registered users in 2011: • Consumers advised in 2011: 4,000 • www.taenk.dk 12,162 • www.cyprusconsumers.org.cy • Consumers advised in 2011: 7,368 • www.aktivnipotrebiteli.bg Germany Greece Verbraucherzentrale Association for the Quality of Life Consumers’ Protection Center General Consumers’ Federation Bundesverband (VZBV) (E.K.PI.ZO) (KEPKA) of Greece (INKA) • Founded in 2000 as a result of • Founded in 1988 • Founded in 1982 • Founded in 1970 the merger of 3 consumer • A BEUC member since 1988 • A BEUC member since 1984 • A BEUC member since 2002 organisations: Arbeitsgemein- schaft der Verbraucherver- • 18 staff • 3 staff and 21 volunteers • 46 member organisations bände (AGV) founded in 1953, • Members in 2011: 12,500 • Members in 2011: 2,207 • www.inka.gr Verbraucherschutzverein • Consumers advised in 2011: 86,455 • Consumers advised in 2011: 12,000 (VSV) founded in 1966 and • www.ekpizo.gr contacts Verbraucherinstitut (VI), • www.kepka.org founded in 1978. • A BEUC founding member • 119 staff • Members in 2011: 41 (16 con- sumer centres with 190 advice centers, 25 consumer-oriented organisations) and 9 support- ing members • www.vzbv.de
Hungary Iceland Ireland Italy National Association for Neytendasamtökin (NS) Consumers’ Association of Ireland Altroconsumo Consumer Protection in (CAI) Hungary (OFE) • Founded in March, 1953 • A BEUC member since May 1995 • Founded in July 1966 • Founded in 1973 • Founded in 1982 • 7 staff • A BEUC member since 1973 • A BEUC founding member • A BEUC member since 1998 • Members in 2011: 9,700 • 5 staff • 188 staff • Staff: 5 employees, 80-100 (subscription on website) • Members in 2011: 3,800 • Members in 2011: 346,000 volunteers, 36 advisory offices • Consumers advised in 2011: 8,828 • Consumers advised in 2011: The or- • Consumer advised in 2011: 393,106 • Members in 2011: 900 • www.ns.is ganisation’s free telephone advice • www.altroconsumo.it • Consumers advised in 2011: line currently generates 5,000 plus 12,500 calls per annum • www.ofe.hu • www.consumerassociation.ie Spain Sweden United Kingdom Confederación de Consumidores Sveriges Konsumenter Consumer Focus Which? y Usuarios (CECU) • Founded in 1992 • Founded on October 1st 2008 as • Founded in 1957 • Founded in 1983 • A BEUC member since 1993 a result of a merger of 3 con- • A BEUC member since 1972 • A BEUC member since 1991 • 23 staff sumer organisations: The National • 469 staff • 12 staff • Members in 2011: 26 organisations Consumer Council, Postwatch and • 580,840 subscribers to Which? • Members in 2011: 68,967 • Subscribers to member magazine Energywatch. Magazine • Consumers advised in 2011: Råd & Rön: 80,000 • Consumer Focus (first as Na- • Consumers advised in 2011: 205,806 • Consumers advised in 2011: 8,900 tional Consumer Council) is a BEUC 100,000s via helpdesk, magazine • www.cecu.es • www.sverigeskonsumenter.se member since 1975 and campaigns • 155 staff • www.which.co.uk • Consumers advised in 2011: 18,359 contacts, mainly by telephone and email • www.consumerfocus.org.uk
Latvia Luxembourg Malta Netherlands Latvian National Association for Union Luxembourgeoise des Ghaqda tal-Konsumaturi Consumentenbond Consumer Protection (LPIAA) Consommateurs (ULC) • Founded April 3rd 1982 • Founded in 1953 • Founded in 1999 • Founded in 1962 • A BEUC member since 2004 • A BEUC founding member • A BEUC member since 2002 • A BEUC founding member • Staff: six volunteers • 210 staff • 4 staff • 25 staff • Members: 145 • Members in 2011: 480,000 • Consumers advised in 2011: 3,600 • Members in 2011: 44,000 families • www.camalta.org.mt • Consumers advised in 2011: • www.pateretajs.lv • www.ulc.lu Around 200,000 customer contacts on a yearly basis • www.consumentenbond.nl > Affiliates
Norway Poland Portugal Forbrukerrådet Association of Polish Consumers Federacja Konsumentów Deco (SKP) • Founded in 1953 • Founded in July 1981 • Founded in 1974 • A BEUC member since 1994 • Founded March 14th, 1995 • A BEUC member since 1999 • BEUC member since 1978 • Staff: 130 • A BEUC member since May 2005 • 18 staff • 83 staff • Consumers advised in 2011: • 5 staff • Members in 2011: 2,500 • Members in 2011: 413,000 100,000 • Consumers advised in 2011: 47,700 • Consumers advised in 2011: 73,899. • Consumers advised in 2011: • www.forbrukerportalen.no contacts 9,000 incoming calls since the 369,767 contacts • www.skp.pl set-up of a consumer hotline in 2011 • www.deco.proteste.pt • www.federacja-konsumentow.org.pl Austria Croatia Czech Republic Finland Kuluttaja virasto asiamies Consumer Agency & Ombudsman Arbeiterkammer Potrošač Czech Association of Consumers Kuluttajavirasto TEST • Founded in 1990 • Founded in 1920 • Founded in May, 2002 • Founded in 1992 • BEUC member since 1993 • A BEUC member since 2000 • A BEUC member since November • A BEUC member since April 2010 • 70 staff • www.arbeiterkammer.at 2008 • 11 staff • wwww.kuluttajavirasto.fi • 23 staff and more than 500 volun- • Members in 2011: 25,000 teers • Website visits (2011): 3,642,218 • Members in 2011: 14 associations • Consumers advised in 2011: 11,796 with more than 20,000 individual • www.dtest.cz members • 181,102 website visits in 2011 • Consumers advised in 2011: 15,979 • www.potrosac.hr
Romania Slovakia Slovenia Spain Association for Consumers’ Pro- Association of Slovak Zveza Potrošnikov Slovenije (ZPS) Organización de Consumidores tection (APC) Consumers (ZSS) y Usuarios (OCU) • Founded in June 1990 • Founded in 1990 • Founded in 1990 • A BEUC member since 1995 • Founded in 1975 • A BEUC member since 2005 • A BEUC member since 2001 • 35 staff • A BEUC member since 1978 • 21 staff • 5 staff • Members in 2011: 8,000 • 300 staff • Members in 2011: 26,147 • Consumers advised in 2011: • Consumers advised in 2011: 10,000 • Members in 2011: 304,701 • Consumers advised in 2011: 2,717 15,000 contacts consumers and 3,000 ZPS mem- • Consumers advised in 2011: given advice and 7,431 information • www.zss.sk bers require ZPS’ advice on a yearly 411,120 requests basis • www.ocu.org • www.apc-romania.ro • www.zps.si Germany Italy FYROM Switzerland Stiftung Warentest Consumatori Italiani per l’Europa Consumers’ Organisation of Fédération Romande des (CIE) Macedonia Consommateurs (FRC) • Founded in 1964 • A BEUC member since 1965 • Founded 8th March 2010 by ACU, • Founded in 1996 • Founded in 1959 • 291 staff Codici and Casa del Consumatore • A BEUC member since 2000 • A BEUC member since 1992 • The main magazine ’Test’ has a • A BEUC member since November • 7 staff • 18 staff circulation of 497.000 (retail + 6th, 2010 • Members in 2011: 750 • Members in 2011: 26,200 subscription) • Staff: ACU: 400, Codici: 310, • Consumers advised in 2011: 3,330 • Consumers adviced in 2011: • 32 million website visits in 2010 Casa del Consumatore: 120 • www.opm.org.mk 7,000 • www.test.de • Members in 2011: Codici: 33,000, • www.frc.ch Casa del Consumatore: 91,214, ACU: 42,000 • Consumers advised in 2011: ACU: 120,000, Casa del Consumatore: 80,000, Codici: 35,000 • www.cie-europa.eu
31 Countries
improve consumer protection in this failed sec- designed in a way that leaves consumers helpless tor. Powers are on the side of banks, rather than if they’re not tech-savvy. the people they are supposed to serve. Our TVs, mobile phones, radios, camer- Many consumers do not understand as should be intuitive to the point where or know what to expect from financial a person with little knowledge of the services products. Moreover, consum- product can use it without special in- ers profoundly mistrust the sector. structions. (Forbrugerrådet, Denmark) (Which?, UK) 4.1.5. L iberalised markets not living up •• In the digital sector, which has become not only to consumer expectations an essential service, but also the new market Many of the examples in the previous paragraphs driver and life-blood of innovation, the key relate to formerly regulated markets that have been concerns are of a lack of privacy, covert means liberalised under EU policy. This liberalisation process of data mining and breaching data protection, has been launched towards the public by promoting security and fraud issues, a shift towards repres- the positive effects that such an approach will have on sive enforcement of intellectual property rights, markets, prices and consumer choice. The reality is and limited legal offers of digital content (such as catch-up tv), which is often available in only some member states. In the related telecoms So far liberalisation means many new market, BEUC members highlight the complex regulatory requirements, the ‘tariff tariff structures and contract lock-ins which make jungle’ and competition at consumers’ changing providers difficult, abusive practices in expense. Is there a need to reconsider? some countries, complicated contracts and unfair (VZBV, Germany) contract terms. Increasingly, if you are not con- nected, you are excluded, and many of Europe’s more than disappointing: it has become evident over consumers still are. Moreover, we are still in the the years that the liberalisation of markets does not stone age of digitalisation with a lack of consum- automatically mean more competition and that in er-driven innovation – most digital products are BEUC’s EU Consumers’ 2020 Vision 9
In 20 years, we have gone from govern- strong, solid and modern EU single market. ment monopolies to the dictatorship of The role of consumer policy as a driver for growth has never been really taken to heart by the EU policy- very large companies. (CECU, Spain) making community, whose principal goal, certainly in more recent years, has been to decrease busi- many, if not all, of the liberalised sectors, consumers ness transaction costs for inter-community trading. witness more and more concentrated markets and Politicians encourage consumers to consume ever the advent of increasingly powerful oligopolies. more because this means more state income, more employment, more production and consequently more growth. The realities of increasing consumer deprivation, uncertainty and an alarming increase in bankruptcies have not been addressed adequately, yet the lack of consumer confidence has a huge effect on the economy (consumer spending accounts for 50-75% of the GDP in industrialised nations). More than ever, we need EU and national policymak- ers to see consumer policy as one of the essential 5. A consumer drivers of economic recovery, alongside competi- policy for sustain- tion policy, industrial policy and — equally impor- tantly — social justice in markets. Also, it is crucial able growth and to acknowledge that sound consumer policy needs strong consumer representation at the various levels welfare of policymaking. The identification and formulation of consumer interests cannot be left to other stake- holders. Together, all these measures should work in harmony to deliver outcomes that are beneficial to 5.1. Consumer policy as an element of people and the economy as a whole. Economic policy growth is a means to an end, not an end in itself. A strong and modern consumer policy is an important part of providing the way out of the current crisis, and to avoid crisis in the future. It must be a pillar of a 10
5.2. Consumer policy key to sustainable While the consumer movement has an important growth role to play in raising awareness, making sustainable Sustainability is about meeting the needs of today’s consumer choices easier, and putting pressure on generations without preventing future generations the supply-side of the market to deliver sustainable from meeting theirs. Sustainable growth therefore products and services, it is important not to make needs to be at the heart of policymaking. ‘consumer empowerment’ an excuse for not tak- ing much-needed political action; the key current We need to develop models of consumption that concerns over climate, water scarcity and biodiversity deliver more welfare to households without an involve difficult choices related to our food, housing obligatory increase in the current metrics of GDP and transport and cannot be addressed by consumer and continued environmental damage, consumer choices alone. EU consumer policy must tackle these indebtedness at home and subsistence labour abroad. difficult issues, and it must make the sustainable choice the cheapest and the easiest one, through a combination of ‘carrot and stick’ measures for indus- The lack of a real opportunity to make try and consumers. sustainable choices is a big problem. A Further, the demographic challenge that Europe has more complex market, a lack of time, to face, in the form of an increased ageing population, unclear and complex contract terms requires new types of products and services. An older population will have different levels and forms of vul- and sophisticated marketing make con- nerability, and these must be taken into consideration sumer choices difficult. (Sveriges Kon- when designing products and services and providing sumenter, Sweden) information. These include models that use smart technologies (cloud computing); models that can reduce consumer vulnerability; and models of collective purchasing and collaborative consumption that reduce the need for producing more goods (car clubs, and refund schemes). These call for a new kind of smart, sustain- able and inclusive consumer policy, with more focus on the use and service of products. BEUC’s EU Consumers’ 2020 Vision 11
initiatives, with a clear consumer dimension, which is often missing or not sufficiently developed. We need a pan-EU visionary consumer policy strategy which includes all the market sectors relevant to consum- ers, as well as the cross-cutting issues of enforcement 6. Towards a future and redress. The strategy must address key concerns and identify consumers’ future needs. It should not strategy be limited to the current Commission’s term of office, but must go beyond and provide guidance for the The acute consumer concerns highlighted by our next decade. Finally, it must proceed in line with good member organisations are well documented and governance principles. researched. And we realise that some of the problems listed above have been addressed in recent legislative 6.1. Objectives for a 2020 strategy and policy measures, such as the Third Energy Pack- age and the Telecoms Reform Package or the more Within the EU market economy, consumers must be recent ‘flagship initiative’ for a Resource Efficient given the right tools if they are to play their role of Europe 2020. The impact of these is still to be felt and drivers of the market. They must be able to trust mar- evaluated, on the basis of measurable outcomes for kets and have the skills and competencies to make consumers. the right choices. Their welfare, and that of future Many of the current challenges are going to be with generations, should be at the centre of policymak- us for years to come and will be exacerbated by con- ing, providing them with affordable prices for all life’s tinuous technological developments, the digitalisa- essentials, as well as safe and sustainable products tion of our daily lives, and the globalisation of our and services, and access to effective redress in case of economies. market dysfunction. An EU consumer strategy must consider the impact of the recession, which has affected the welfare of con- To meet the ambitious goals of smart, sustainable and sumers in key areas of everyday life, and has resulted inclusive growth, we have identified the following in a rising number of vulnerable and disadvantaged objectives that we consider to be achievable by 2020 people. It must be comprehensive and cut across all through an ambitious EU consumer policy that can sectors within the EU portfolio of responsibilities, and be embedded into the Europe 2020 priorities. These should be coordinated with other key EU strategic objectives have to be set across consumer services initiatives and priorities, such as the Europe 2020 and products markets and sectors. To ensure they 12
are met, measurable targets and key performance swiftly intervene in case of self-regulatory failure, indicators must also be created, and BEUC is ready to based on concrete indicators defined when the collaborate here. self-regulation was adopted. The objectives below are not exhaustive, but aim to provide orientation for identifying and addressing the 6.1.2. C onsumers get access to and bet- major challenges ahead and for setting up a modern, ter value from all goods and ser- ambitious and efficient EU consumer policy strategy vices to these ends: •• Ensure that all EU consumers have access to safe, affordable and healthy food, produced in a 6.1.1. Consumers have straightforward, sustainable way; meaningful choices in fair and com- •• Require that all EU consumers have access to a petitive markets and can exercise basic financial service; them •• Extend access for all EU consumers to very fast •• Establish tools to ensure proactive implemen- broadband telecoms networks and improve the tation of competition and consumer protec- reach of existing technologies; tion policies and swift action by regulators and •• Embed a ‘design for all’ principle into all products enforcement authorities against misleading and and related information, to ensure they are fully unfair practices; accessible by people with disabilities; •• Make strategic use of available research data to •• Ensure that energy is affordable for all by de- anticipate and prevent consumer detriment, signing a consumer-oriented retail market and rather than having to cure it; energy efficiency policies; •• Make use of research data also to develop a •• Guarantee that all consumers have access to safe member states ranking system for their imple- and innovative health products and services. mentation of consumer policy; •• Ensure that any new or revised regulation is fo- 6.1.3. Consumers benefit fully and safely cused on consumers, based on robust, independ- from advances in technology ent evidence and provides essential safeguards for vulnerable people; •• Ensure product safety through promoting •• Ensure that where industry is entrusted with self- ambitious safety standards and efficient market regulatory initiatives, a monitoring and reporting controls to ensure an internationally level playing system is established to allow the legislator to field; BEUC’s EU Consumers’ 2020 Vision 13
•• Ensure that advances in technology improve 6.1.4. C onsumers have access to impar- consumers’ standards of living, respond to their tial information and advice, and needs and expectations and take account of the acquire the knowledge to exercise maturing society; their rights •• Define an efficient, transparent and robust regula- tory framework that is future proof; •• Guarantee that information provided to consum- •• Involve consumers in research and development ers on goods and services is easily accessible, processes to make sure that advances in technol- clear, unbiased, accurate, up-to-date, based on ogy are demand-driven, consumer-centred and independent evidence and easy to compare with accepted for use; similar products or services; •• Require that all digital communication tools have •• Encourage effective consumer education as part integrated privacy by design; of the curriculum in EU primary and secondary •• Mandate default rules that are most favourable to schools, either standalone or as part of a wider privacy and consumer protection; citizenship education programme; •• Ensure that all EU consumers benefit from a neutral internet, where they are able to access, A low level of consumer rights’ aware- use, send, post, receive, or offer any content, ap- ness is the main problem in Bulgaria. plication, or service of their choice irrespective of Knowing this, many unscrupulous trad- source or target, while respecting existing laws on e-commerce and intellectual property; ers mislead consumers unaware of how •• Establish a forward-looking and balanced copy- to protect themselves. right framework, by creating a clear set of manda- (BNAAC, Bulgaria) tory consumer rights for lawful use throughout the EU. •• Devise policy approaches that seek to reduce the complexity of products and services for consum- ers, keeping in mind consumer expectations and behaviour; •• Test information with the people who have to use it, on a regular basis. 14
•• Encourage national enforcement authorities to 6.1.5. Consumers benefit from efficient work closely together, as well as with consumer enforcement and are given ad- organisations, to close any enforcement gaps equate tools to obtain redress that could arise within the EU. •• Ensure that, through training programmes and relevant information, traders are increasingly 6.1.6. C onsumers find sustainable choic- aware of consumer rights and respect them when es to be the easy and affordable designing their standard contracts and preparing ones their marketing tools; •• Ensure that consumers benefit from a wide choice of sustainable products and services at Even if consumer rights are clearly affordable prices; defined, things often work out differ- •• Guarantee that consumers are not exposed, ently in practice: customer complaints directly or indirectly to hazardous chemicals; are often dealt with by goodwill and not •• Mandate EU standards to ensure that social and on the basis of consumers’ legal rights. environmental factors are taken into account (VKI, Austria) when designing a product and during its life- cycle; •• Mandate that all EU consumers benefit from an •• Continue with market policies that result in effective EU-wide collective judicial redress, to the removal of less sustainable products from prevent and compensate harm, both at national markets, and their replacement with resource and cross-border level and for the whole range of efficient alternatives; rights that they have in law; •• Ensure that all products and services are labelled •• Equally require that all market sectors provide for with transparent, accurate and comparable independent and effective systems of alternative sustainability information, while green claims are dispute resolution that are also open to cross- evidence-based and misleading claims are proac- border litigation; tively sanctioned. •• Ensure that in all product and service sectors, na- tional enforcement authorities can take effective and dissuasive actions against all infringements of consumer rights, and especially against unfair contract terms and unfair commercial practices; BEUC’s EU Consumers’ 2020 Vision 15
6.1.7. Consumers trust that EU policy- The development of consumer organi- making fully takes account of their sations should be reflected in EU policy. interests There is a need of resources, capacity •• Proactively consider and use research data on building and to create a consumer- consumer markets and consumer behaviour in EU friendly environment. policy and decision-making across all sectors; (Federacja Konsumentów, Poland) •• Ensure that all proposals for EU legislation which have an impact on consumer wellbeing provide for a consumer impact assessment, based on con- 6.1.8. C onsumers benefit from a strong sultation with consumer representatives; and influential consumer move- •• Provide for a balanced representation of different ment at national and at EU level stakeholders in all EU expert groups and make it •• Formally recognise and support the importance possible for consumer representatives to influ- of a strong and well-resourced consumer move- ence their decisions; ment, both at national and at EU level; •• Make certain that all EU legislation with an impact •• Identify more sustainable models of funding Eu- on consumers’ welfare is based on a high level ropean and national consumer organisations and of consumer protection, meets the needs and facilitate their implementation; expectations of European consumers and is ef- •• Include consumer representation at EU and at ficient; national level as a horizontal policy objective in •• Provide for an obligation on EU institutions to all the EU consumer policy financial programmes, demonstrate integration of consumer policy into and ensure that significant funds are allocated for other policies through regular publicly available this purpose; reports. •• Provide specific funding and capacity building for consumer organisations and consumer policy in the CESEE countries, taking account of the need for continuous updating of their capacities, as a response to market and social developments. 16
•• AT - Verein für Konsumenteninformation - VKI •• HU - National Association for Consumer Protection in Hungary - •• AT - Arbeiterkammer - AK OFE •• BE - Test-Achats/Test-Aankoop •• IE - Consumers’ Association of Ireland - CAI •• BG - Bulgarian National Association Active Consumers - BNAAC •• IS - Neytendasamtökin - NS •• CH - Fédération Romande des Consommateurs - FRC •• IT - Altroconsumo •• CY - Cyprus Consumers’ Association •• IT - Consumatori Italiani per l’Europa - CIE •• CZ - Czech Association of Consumers TEST •• LU - Union Luxembourgeoise des Consommateurs - ULC •• DE - Verbraucherzentrale Bundesverband - vzbv •• LV - Latvia Consumer Association - PIAA •• DE - Stiftung Warentest •• MK - Consumers’ Organisation of Macedonia - OPM •• DK - Forbrugerrådet - FR •• MT - Ghaqda tal-Konsumaturi - CA Malta •• EE - Estonian Consumers Union - ETL •• NL - Consumentenbond - CB •• EL - Association for the Quality of Life - E.K.PI.ZO •• NO - Forbrukerrådet - FR •• EL - General Consumers’ Federation of Greece - INKA •• PL - Federacja Konsumentów - FK •• EL - Consumers’ Protection Center - KEPKA •• PL - Stowarzyszenie Konsumentów Polskich - SKP •• ES - Confederación de Consumidores y Usuarios - CECU •• PT - Associação Portuguesa para a Defesa do Consumidor - DECO •• ES - Organización de Consumidores y Usuarios - OCU •• RO - Association for Consumers’ Protection - APC Romania •• FI - Kuluttajaliitto - Konsumentförbundet ry •• SE - The Swedish Consumers’ Association •• FI - Kuluttajavirasto •• SI - Slovene Consumers’ Association - ZPS •• FR - UFC - Que Choisir •• SK - Association of Slovak Consumers - ZSS •• FR - Consommation, Logement et Cadre de Vie - CLCV •• UK - Which? •• FR - Organisation Générale des Consommateurs - OR.GE.CO •• UK - Consumer Focus •• HR - Croatian Union of the Consumer Protection Associations - Potrosac BEUC activities are partly funded from the EU budget The Consumer Voice in Europe Bureau Européen des Unions de Consommateurs AISBL | Der Europäische Verbraucherverband Rue d’Arlon 80, B-1040 Brussels • Tel. +32 (0)2 743 15 90 • Fax +32 (0)2 740 28 02 • consumers@beuc.eu • www.beuc.eu
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