Consumer & Health

Europe's population is ageing dramatically. Care systems are facing ever greater social and financial challenges with massive staff shortages. The Commission therefore announced a new care strategy on 7 September. The Centrum für Europäische Politik (cep) believes that a reform is urgently needed. The think tank insists on more help for friends and relatives who act as carers.

Despite various lockdowns, the number of COVID-19 infections in the EU remains very high. In order to break the chains of infections and to end the restrictions on the free movement of people, services and goods, the use of contact tracing apps should be made mandatory. The positive effects prevail over data protection concerns.

The European Union wants to strengthen consumer rights across borders by 2025. This includes a reform of the Package Travel Directive as part of a new EU consumer agenda. During the corona pandemic, travel providers often compensated customers for cancelled package tours only with vouchers. The Centrum für Europäische Politik has examined the new EU consumer agenda in a policy brief.

The  Centrum für Europäische Politik calls for a change of the EU treaties. According to the Freiburg think tank, the Conference on the Future of Europe should pave the way towards a European Health Union. "The EU treaties should be amended to give the EU additional competences in certain areas," says cep health expert Dr Patrick Stockebrandt.

Medical findings, X-rays, prescriptions: With the Health Data Space (EHDS), the Commission wants to utilise storing and making use of sensitive patient data throughout the EU. In essence, it provides for national electronic health records that can be used across borders. The Centre for European Policy (cep) calls for better control rights for EU citizens, especially regarding the so-called secondary use of health data.

Worldwide, more than 700,000 people die every year from infections with resistant bacteria. According to the UN, there could be up to ten million by 2050. In a study, the Centrum für Europäische Politik (cep) calls for measures against an impending shortage of antibiotics. The Freiburg-based think tank with partner institutes in Paris and Rome thus supports a key point of the new EU Pharmaceutical Strategy.

Parallel trade in medicines is causing problems in the EU internal market. Traders from Member States with high price levels buy medicines in low-price Member States in order to sell them cheaper in their country of origin and thus gain market advantages. The Centre for European Policy (cep) has studied these problems and described theoretical solutions.

As a consequence of the Corona pandemic, the European Union wants to strengthen its preparedness and crisis response. An important building block is the new health authority HERA. The Centres for European Policy Network (cep) considers the institution to be useful, but urges the participation of the EU Parliament and the Member States in view of the distribution of competencies in the health sector.

The COVID pandemic has led to shortages of critical medicines and medical devices in the European Union. For this reason, the EU Commission wants to reduce deficits in the exchange between the EU Medicines Agency (EMA) and the Member States as well as companies and to strengthen the EMA's competences. The Centrum für Europäische Politik (cep) has analysed the EU proposal for a reliable crisis preparedness system.

Anti-inflammatories and antipyretics that have been tried and tested for decades, such as dexamethasone or remdesivir, play an important role in the fight against Corona. They are intended to reduce mortality in hospitals. This is possible because the patents on many old pharmaceuticals are expiring. Off-patent drugs can be highly effective in treating completely different diseases.

In the EU, around ninety million tonnes of food end up being wasted every year. Ten percent of this alone is said to be due to the misunderstanding of date marks on packaging. Often, consumers do not understand the meaning of "best before" and "use by" dates. The Commission therefore wants to launch consultations on food labelling before the end of the year. Brussels is putting forward three options for discussion.

The COVID pandemic has led to a cross-border health emergency in the European Union. On the basis of a regulation, Brussels wants to determine when such a state of emergency begins and when it ends. The Centrum für Europäische Politik (cep) has analysed the EU proposal.

The Corona pandemic has led to a cross-border health emergency in the European Union and exposed deficits in dealing with health threats. To improve preparedness and response capacity, the EU Centre for Disease Prevention and Control (ECDC) is to play a key role in the future. The Centrum für Europäische Politik (cep) has analysed the EU's plans.

The European Commission wants to present a proposal for a uniform Front-of-Pack label system for food by 2022. Labels on packaging should improve the understanding of the nutritional value of industrially produced food. The dispute between supporters of different systems is making waves.

The Commission plans a "right to repair". It is intended to encourage consumers to use products longer and to oblige companies to extend the life of products as well as to guarantee better reparability. The Centrum für Europäische Politik (cep) warns of a conflict between consumer and environmental protection.

Crowdfunding platforms, 0%-financing, buy-now-pay-later offers: The variety of quickly available online credit has increased drastically. While these offers stimulate competition, they lead to new risks for consumers. To strengthen their rights and better protect them from private over-indebtedness, the Commission is working on a new Directive. The Centre for European Policy (cep) generally regards the reform as necessary, but views some of the proposals as too rigid and not yet fully developed.

More rights in damage cases: The Commission has presented a recast of the Product Liability Directive. The directive dates back to 1985 and is to be adapted to digitalisation and the circular economy. In the future, software is to be considered as a product throughout the Union. The Centrum für Europäische Politik (cep) sees the rights of injured parties strengthened, but warns of legal uncertainties and vagueness when looking in the details.

In mid-March, the Commission plans to present a package of reforms to European pharmaceutical legislation. Antibiotics are a key issue. Misuse of these drugs leads to antimicrobial resistance, so that deadly infections can sometimes no longer be fought with available antibiotics. Acute shortages of certain antibiotics also highlight the need for action. The Centrum für Europäische Politik (cep) has presented the most comprehensive catalogue of measures to date.

Blood, plasma and other Substances of Human Origin (SoHOs) are becoming increasingly important, especially in the fight against rare diseases. Since essential products are not sufficiently available in the EU, dependence on imports, especially from the USA, is growing. The Centrum für Europäische Politik (cep) believes that the Commission's goal of providing better care for EU citizens in the future is right - but that some of the planned measures are questionable.

By means of its “Farm To Fork" strategy, the EU Commission wants to create a “food environment” that makes it easier for consumers to choose healthy and sustainable diets. A cepPolicyBrief examines the consumer policy objectives and measures of the strategy.

The European Commission wants to introduce joint clinical assessments of medicinal products and medical devices at EU level. A cepInput continues the monitoring of the legislative procedure, for which a cepPolicyBrief has already been published in 2018. While the Commission Proposal is supported by Parliament, the Council is divided on this issue.

The CJEU is currently hearing a case regarding the French regulation of advertising by pharmacies. A cepInput describes the French regulations, explains the questions of the CJEU proceedings, looks at the Italian and German regulations in comparison and assesses the Opinion of the Advocate General.

The EU Commission has submitted a "strategic approach" aimed at reducing pharmaceutical residues and their impact on the environment. The cep has analyzed and evaluated the Commission's communication on this issue.

On the basis of the Transparency Regulation, the CJEU has for the first time decided on third party access to documents submitted to the European Medicines Agency (EMA) by pharmaceutical companies. A cepInput explains the background and relevance of the CJEU proceedings and deals with the three main grounds for the decision in the "PTC Therapeutics" judgement.

In order to avoid impending shortages of medical devices as of May 2020 and with the aim to guarantee patient safety, the Council proposed an extension to the deadline for certain medical devices on 25 November 2019. The cep has assessed this in an Adhoc.

A further cepAdhoc assesses the main tasks which future EU Commission President Ursula von der Leyen will be entrusting to the future Commission Vice-President Jourová and Justice Commissioner Reynards, in the areas of rule of law, fundamental rights, consumer protection and European Parliament elections.

A cepAdhoc assesses the core health policy tasks which von der Leyen will be entrusting to the assigned Commissioners. Vice-President Schinas, in Public Health, and Executive Vice-President Timmermans, in Food Safety and Animal and Plant Protection, will work together with Commissioner Kyriakides.

In the EU, a voluntary exchange format for electronic health records should facilitate cross-border healthcare. The EU Commission has drawn up a recommendation to this end.

In view of increasing EU-wide violations, the EU-Commission wants to strengthen the enforcement of, and thus improve compliance with, EU consumer protection law. In the context of its “New Deal for Consumers”, it has submitted a corresponding Directive.

By way of an exemption from protection certificates, the EU wants to permit the manufacture of generics and so-called biosimilars for export, even where the original medicine is still protected by a certificate in the EU. Using this exemption, it wants to remedy competitive disadvantages for EU manufacturers and strengthen its generics and biosimilars industry.

A new EU Directive on representative actions for the protection of the collective interests of consumers is to replace the existing Directive on injunctive relief. It is supposed to substantially expand the scope of representative actions in consumer law and thereby to promote the enforcement of consumer law whilst at the same time preventing abusive litigation.

The EU Commission wants to create joint clinical assessments and harmonised assessment procedures at EU level for innovative health technology in order to remove barriers in the internal market. Thus, redundant duplication of work both in national HTA centres and for developers of health technology can be avoided and costs, currently incurred by developers due to differing national assessment concepts, can be reduced.

Due to reasons of cost, traders refrain from offering their goods across borders and consumers shy away from purchasing in other countries due to legal uncertainty. The Commission wants to change this by way of a Directive. It wants to remove barriers in cross-border trade with extensive full-harmonisation of guarantee law for sales of goods.

The EU Commission wants to increase efforts to combat the spread of antimicrobial resistance. With this aim, it has submitted a European Action Plan in line with the concept of “One Health”. In cep’s view, this is a sensible European initiative because resistant pathogens spread across borders thus making it necessary to take both EU-wide and global combating measures.

The EU Commission wants to make the transmission of personal data to non-EU countries easier in order to promote mutual trade and effectively combat international crime.

The Commission wants to improve cooperation between national consumer protection authorities in combating cross-border infringements of EU consumer protection laws. In cep's view, however, burdensome duties of cooperation should only apply to infringements which could noticeably damage the internal market.

In order to improve cross-border parcel delivery, the EU Commission proposes uniform information obligations for delivery services. In addition, obligations for universal service providers to report tariffs and terminal rates, an "assessment of affordability" of these tariffs by the regulatory authorities and network access obligations applicable to universal service providers vis à vis third parties are proposed.

In addition to online sales of goods, the EU Commission also wants to boost the market for digital content and ensure that it can also be offered and acquired across borders. With the proposed Directive, it wants to fully harmonise the guarantee rights and other consumer rights in contracts relating to the supply of digital content and thereby remove legal uncertainty and promote sales of digital content.

Online traders avoid offering their goods across borders for reasons of cost; consumers are discouraged from online purchases abroad due to uncertainty about their rights. The EU Commission wants to change this by way of the proposed Directive. With full harmonisation of the law on legal guarantees for online sales of goods, it wants to remove legal uncertainty in crossborder online trade and thereby encourage such trade.

The European Parliament has urged the EU Commission to “immediately” develop a new strategy to combat harmful alcohol consumption in the EU. In its resolution it already defines an array of concrete measures. The cep is assessing these measures in detail.

The Commission indicates that it is generally satisfied with the application of the Regulation on advanced therapy medicinal products (ATMP Regulation) but considers that it could be improved by extending the certification procedure to include universities and other non-commercial institutions. In addition, it calls for restriction of the hospital exemption, which allows ATMPs to be used without a marketing authorisation in domestic hospitals.

The Commission discusses whether and how geographical indications for non-agricultural products can be protected EU wide. A protected geographical indication consists of a product denomination which contains the geographical origin of a product. A protected geographical indication may be used by all producers provided their products originate from the specified geographical place of origin and the products possess the established product characteristics – e.g. quality features, production methods or "reputation" – attributable to that place of origin. The Commission discusses in particular whether protected geographical indications could be entered into a central register which would be administered e.g. by the Commission. 

The European Commission has announced a reform of the copyright rules in the EU before the end of this year. It intends to reduce the differences between national copyright rules by way of harmonised exceptions. The cep assesses the benefits and problems of mandatory exceptions to copyright.

The Commission wants to get an insight into national safety regulations for tourist accommodation. By way of this Green Paper, it wants to present its ideas and thoughts on how the confidence of providers and consumers can be increased, including, where necessary, by way of follow-up measures at EU level. In addition, the Commission wants to collect additional information on the safety of tourist accommodation by holding a public consultation.

The Commission wants to stimulate cross-border e-commerce in the EU by improving parcel delivery conditions.

The Commission wants to harmonise consumer protection for travellers. For this purpose, bookings in travel agents and online will be placed on an equal footing.

The Commission recommends that the Member States introduce collective actions. Collective actions refers to actions brought by two or more affected parties or by an authority or entity on their behalf. Collective actions should facilitate the enforcement of legal rights, particularly where individual actions are too costly for affected parties.

The European Commission has proposed a "Product Safety and Market Surveillance Package" containing, in particular, a proposal for a Regulation on consumer product safety and a proposal for a Regulation on the regulatory market surveillance of products. With its proposal for a Regulation on market surveillance, the Commission wants to prevent, by way of effective and EU-wide market surveillance, the distribution of products which represent a risk to any aspect of public interest protection, such as health, safety, consumer protection and the environment.

The European Commission has proposed a "Product Safety and Market Surveillance Package" containing, in particular, a proposal for a Regulation on consumer product safety and a proposal for a Regulation on the regulatory market surveillance of products. The proposal for a Regulation on product safety aims to simplify the different rules on consumer product safety as well as ensuring that consumer products are safe.

The Commission wants to grant all EU citizens the right to have a payment account with basic features (basic account), make it easier to switch banks, particularly across borders, and improve the transparency and comparability of fees.

The European Commission intends to promote the dissemination of green products and green commercial practices by ways of transparency and consistency with the labelling of environmental performances of products and practices. Within a three-year test phase, the Commission recommends to apply its developed methods of the “Product Environmental Footprint“ and that of the “Organisation Environmental Footprint“.

The Commission wants to stimulate cross-border e-commerce and, for this purpose, is considering regulating the parcel delivery market.

The Commission wishes to introduce uniform key information documents on investment products (PRIPS) in order to strengthen investor protection and to create a level playing field for investment product manufacturers. The key information documents must be provided to retail investors before the acquisition of an investment product (e.g. an investment fund) and must have a standardised structure.

The Commission wants to combat tobacco consumption, particularly among young people, and for this purpose re-harmonise the rules on tobacco products.

The Commission outlines its medium-term strategy for EU consumer policy by 2014 under the European Consumer Agenda.

The Commission wishes to reform the EU data protection law fundamentally with the General Data Protection Regulation. It is mainly aimed at an EU-wide full harmonisation of the data protection standard while taking account of the latest technical challenges of the internet age. It is to replace the existing Data Protection Directive (95/46/EC).

The Commission wishes to improve the pharmacovigilance rules of 2010 by amending the pharmacovigilance system. New transparency and information obligations for authorisation holders are to be introduced. The initiation of the urgent union procedure is to be automatised and the list of drugs for additional surveillance is to be extended.

The Commission wishes to improve the pharmacovigilance rules of 2010 by amending the pharmacovigilance system. New transparency and information obligations for authorisation holders are to be introduced. The initiation of the urgent union procedure is to be automatised and the list of drugs for additional surveillance is to be extended.

The analysed Proposal for a Directive is part of the Pharmaceutical Package to improve the safety of medicinal products. The Proposal focuses on the protection of distribution chains from manufacturers to pharmacies against the entry of falsified medicinal products. During debates held previous to the Proposal the Commission opted for maintaining parallel import trade. To this end, the measures proposed now are restricted to prescription medicines, which constitute the majority of medicinal products traded through parallel import.

The Data Retention Directive stipulates that providers of telecommunications, mobile and internet services are obliged to retain traffic and location data of users. The purpose of this is the investigation, detection and prosecution of “serious crime”. In its Report, the Commission evaluates the Member States’ application of the Data Retention Directive, its benefit and impact. 

According to the Commission’s proposals “PNR data” of passengers travelling from or to third countries are to be collected by air carriers during the passengers’ flight booking procedure and must be transferred to Member States’ authorities. The Directive regulates data processing (collection, retention and analysis) through national authorities, the data exchange between Member States and the data transfer to third countries.

With the Lisbon Treaty the EU acquired new competences in the field of tourism which are anchored in primary law. In its Communication the Commission describes the “challenges” and presents an “action framework for tourism in Europe”. The Commission wishes to make the cultural and natural wealth of Europe better known, for example by introducing a “European Cultural Heritage Seal”. Furthermore, a publicly funded “voluntary” exchange mechanism for tourists is to enable “key groups” such as young people (up to the age of 30) and the elderly (65+) to travel to tourist destinations in other Member States during the low season. Finally, the Commission plans to conduct “awareness-raising campaigns relating to the choice of destinations and the means of transport to promote “sustainable and responsible high-quality tourism”.

The EU-Commission has fundamentally revised the EU Codex for Medicinal Products in its Pharmaceutical Package presented in December 2008. The focus lies on informations for patients, the protection against falsified medical products and the monitoring of authorised medical products (pharmacovigilance). For the latter, essential improvements are the obligation for an implementation of a risk-management-system for all newly authorised medical products and the option for authorities to impose requirements even after authorisation.

The consumer markets scoreboard serves to monitor the “performance“ of the internal market from the consumers’ perspective and to identify parts of it that “are not functioning well“. Moreover, consumer options for cross-border shopping within the EU are to be assessed and the general conditions for effective consumer protection in the single Member States be benchmarked.

The Commission's Proposal aims to establish a harmonised legislative framework for the provision of information to the general public on medicinal products for human use subject to medical prescription. In particular, clear boundaries are to be set between information provided by pharmaceutical companies and prohibited advertising.

Regarding mass claim cases the Commission wants to open up the possibilities of collective redress for damages claims or develop existing possibilities. To this end, in its Green Paper it presents different options to address the issue which have an effect on cross-border cases as well as purely national ones. It further considers to introduce standardised judicial procedures for collective redress.

The EU-Commission proposes to revise the Directve as to doorstep selling, unfair contract terms, distant selling, as well as to the purchase of consumer goods and subsume it under a new directive. The main target of the Directive is the transition from minimum harmonisation of consumer contractual rights to a full harmonisation.

The Commission intends to screen the performance of certain product and service markets by way of a "Consumer Markets Scoreboard". The Commission assumes that citizens expect markets to deliver best possible outcomes in the interest of consumers which, at the same time, should be socially acceptable. Where, according to the Consumer Markets Scoreboard, "market malfunctions" are detected regulations or measures in the field of competition law or consumer policy are to be introduced. Alongside its Communication the Commission presented a first Consumer Markets Scoreboard containing the results of various consumer surveys and price research, yet without drawing any concrete conclusions.