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Chapter 28: Consumer and Health Protection

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Chapter 28: Consumer and Health Protection Chapter 28: Consumer and health protection The acquis under the Consumer and Health Protection chapter consists of horizontal policy instruments, including financial support, regulatory and governing measures, as well as vertical policies. These describe in detail the mechanisms, on the one hand, for the protection of the consumer’s safety and his/her economic interests and, on the other hand, human public health. The acquis in the area of consumer protection includes the following instruments: a general financing framework and rules for the governing of consumer protection at the European Union (EU) and Member State level, including injunctions and access to justice, together with a measure for enforcement co-operation by Member States public authorities (CPCS). It also covers aspects related to the consumer’s general product safety, such as dangerous imitations, liability for defective products and the EU’s Rapid Alert System (RAPEX), as well as topics like sale of consumer goods and associated guarantees, unfair contract terms, price indications, doorstep selling, distance selling, distance marketing of financial services, consumer credits, misleading and comparative advertising, unfair commercial practices, timeshare, package travel and rights of flight passengers. The acquis in the area of public health comprises measures as regards the general financing framework and measures for governing this area. It also deals with issues related to tobacco control, communicable diseases, blood, tissues and cells, mental health, drug abuse prevention, health inequalities, nutrition, alcohol related harm reduction, cancer screenings, healthy environments including prevention of injury, promotion of safety and European action in the field of rare diseases. Member States need to transpose the acquis into national legislation. The implementation and enforcement of consumer and health protection policies require adequate administrative capacities and infrastructure at national, regional and local level. As regards public health, adequate administrative capacity is needed to properly implement and enforce EU health legislation especially in the field of blood, tissues and cells. As regards consumer protection, this refers to effective market surveillance and appropriate independent judicial and out-of-court dispute resolution mechanisms. It is also necessary to raise public awareness, consult with the public and involve consumers actively in effective policy implementation, thus informing and educating the consumer and ensuring a role for consumer associations. 1 I. CONSUMER PROTECTION A. Horizontal aspects 1. Please describe the scope of your consumer protection policy. Is consumer protection recognised as a specific policy in your country? Are there specific rules on consumer protection in other policy areas? Consumer protection policy in the Republic of Serbia includes a group of regulations and institutions for the protection of health, safety and economic interests of consumers as natural persons who procure goods or services on the market for purposes other than their business or other commercial activity, in relation with traders, i.e. legal or natural persons acting on the market within their business activity or for other commercial purposes. Consumer protection is recognised as a special policy in the Republic of Serbia. Consumer protection is a constitutional category. Article 90 of the Constitution of Serbia stipulates that the Republic of Serbia shall protect consumers, strictly prohibiting activities directed against health, safety and privacy of consumers and all other dishonest activities on the market. Article 78 of the Stabilisation and Association Agreement between the European Communities and their Member States and the Republic of Serbia prescribes the obligation of the Republic of Serbia to co-operate in order to align the standards of consumer protection in Serbia to those of the Community, by means of implementing a policy of active consumer protection, in accordance with Community law, including the increase of information and development of independent organisations, harmonisation of legislation, effective legal protection for consumers in order to improve the quality of consumer goods and maintain appropriate safety standards, monitoring of rules by competent authorities, providing access to justice in case of disputes and exchange of information on dangerous products. The main legal framework is the Law on Consumer Protection (Official Gazette of RS No. 73/2010), whose enforcement began on 1 January 2011 and that contains norms regulating fundamental consumer rights, the conditions and means of consumer protection, the rights and obligations of consumer protection organizations and associations, establishment of an alternative dispute resolution scheme (ADR) for consumer disputes, and the rights and obligations of state authorities in the field of consumer protection. Based on the 2005 Law on Consumer Protection (Official Gazette of RS, No. 79/05), the National Programme for Consumer Protection for the period 2007-2012 was adopted, which specifies the main objectives and tasks of consumer protection policy, plans and methods, dynamics and indicators of further development, task holders and time limits, and the necessary personnel, financial and organisational capacities. The national programme is implemented through annual operational plans. Articles 124 and 153 of the 2010 Law on Consumer Protection prescribe the obligation for the Government of the Republic of Serbia to adopt a five-year Consumer Protection Strategy within 6 months from the date of enforcement of the law, establishing long-term goals and activities necessary for the overall realisation of the consumer protection policy and an appropriate action plan. Rules important for consumer protection in other areas of public policy are present in special regulations on advertising, general product safety, food safety, e-commerce, contract and torts, competition, trade, telecommunications, etc. Therefore, apart from the Law on Consumer Protection being the primary document for this field, there is a series of other legal acts and by-laws important for the consumer protection system. 2 Considering the importance of financial services, the National Bank of Serbia took up the protection of financial services consumers. Namely, within the Consumer Protection Project launched in 2006, the National Bank of Serbia started with the process of establishing a system for the protection of financial services consumers in all areas relying on the positive experiences in the field of protection of insurance service consumers, and in 2007 it formed a Centre for Financial Services Consumers. 2. Please describe the institutional set-up for consumer affairs in your country. The institutional framework for consumer protection in the Republic of Serbia is comprised of two segments, the first being state institutions, and the other the non- governmental sector, i.e. consumer protection organizations. Recognizing the fact that consumer protection is a multidisciplinary field, the existing system in the Republic of Serbia is set up of the following: - The Government of the Republic of Serbia – creating consumer protection policy; Within the Government, there is a National Council for Consumer Protection as a consulting body gathering all relevant stakeholders; - The Ministry of Trade and Services – holder of consumer protection policy. Within the Department for Trade, Prices and Consumer Protection, there is a Division for Consumer Protection (directly responsible for the implementation of consumer protection policy, proposes the Consumer Protection Strategy, undertakes measures and activities for improving the consumer protection system and is in charge of harmonisation of regulations with relevant consumer-related EU law). Within the division, there is a Consumer Protection Centre as a free-of-charge consumer hotline and a macro-analytic nexus. The Market Inspection Department, which applies consumer protection measures in administrative procedure. - Non-governmental, autonomous organizations for consumer protection and their associations - Courts – regular court procedure. There is no special procedure stricto censu for consumer protection - No special bodies for out-of-court settlement of consumer disputes are planned – out-of- court settlement is carried out by various actors (please see more about that in answer to question 5.) Apart from the Ministry of Trade and Services, the following institutions within their competences deal with affairs that directly or indirectly refer to consumer protection, namely: the Ministry of Health, the Ministry of Agriculture, Forestry and Water Management, the Ministry of Environment and Spatial Planning, the Ministry of Economy and Regional Development, the Ministry of Labour and Social Policy, the Ministry of Mining and Energy, the Ministry of Telecommunications and Information Society, the National Bank of Serbia, the Commission for Protection of Competition, Republic Agency for Telecommunications (RATEL), the Energy Agency, the Energy Efficiency Agency, the Standardization Institute, etc. The National Bank of Serbia carries out activities in the field of protection of rights and interests of financial service consumers and providing information and financial education. As it holds the initiative for proposing laws from its field of competence, the 3 National Bank of Serbia prepared a draft law regulating the protection of
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