Commission Report (2002): Poland

• Progress since the last Regular Report
• Overall assessment
• Conclusion

Chapter 23: Consumers and health protection

Progress since the last Regular Report

There has been further progress in alignment with the consumer protection acquis and in improving the administrative capacity necessary for its effective implementation.

In the field of safety-related measures, certain ordinances of the Council of Ministers came into force in 2002 relating to safety of toys and safety/labelling of textiles (see Chapter 1-- Free Movement of Goods).

In the area of non-safety-related measures, the Law on consumer credit entered into force in September 2002 while the Law on prices which contains legislative delegation for the Ministry of Finance to issue implementing regulations came into effect in December 2001. An ordinance concerning detailed principles of indication of the prices of goods and services was adopted in June 2002 and entered into force in July 2002. A law on special conditions of consumer sale was adopted in July 2002

From an administrative capacity point of view, positive developments have taken place in several areas (consumers' ombudsmen, conciliation courts, system of dangerous product information and monitoring consumer accidents). Furthermore, some progress has been made in developing a functioning market surveillance mechanism. The law on conformity assessment, which includes the framework for market surveillance under the New approach was adopted by the parliament in September 2002. An important regulation on co-operation between the Trade Inspectorate, local consumer advocates, central and local government institutions, as well as NGOs dealing with consumer protection was adopted in March 2002. All these institutions will have the right to carry out activities such as joint control of entities, shops and other economic operators that infringe consumers' rights. In July 2002, an agreement was concluded between the Federation of Consumers, Polish Consumer Society, Consumer Ombudsmen Board and the Office for Competition and Consumer Protection, assuming the establishment of a Consumer Council which should become a consultative body of the President of the Office for Competition and Consumer Protection.

In March, 2002 the government approved two basic documents: The ``Report on the state of legal protection of consumers' rights in Poland'' which analyses the current situation and indicates the changes necessary in the Polish legal system to improve protection of consumers' rights and the ``Government Programme on Consumer Protection Policy for 2002--2003''. implementing projects that will help to develop a consumer awareness policy as a part of the economic policy of the state.

Further progress was made in appointing consumer advocates (360 at the time of writing). These are powiat-based consumer ombudsmen, incorporated in the structure of the powiat authorities. Moreover, 35 conciliation courts, operating under the auspices of the Trade Inspectorate, supplement and partly relieve ordinary courts, and significantly facilitate consumer access to justice.

In 2001, the Office for Competition and Consumer Protection received 1201 complaints, communications and requests for advice concerning consumer rights. In 989 cases decisions were issued. The rapid acceleration in the rate of complaints continued, with 810 complaints received by the end of April 2002 and decisions issued in 588 cases. Acts of unfair competition consisted in most cases in inadequate marking of products, misleading or prohibited advertising, and imitation of other products.

The Trade Inspectorate is, as market surveillance body for consumer products, composed of the Head Office in Warsaw and 16 branches (Voivodship Inspectorates). The branches have 34 sub-branches located in big cities. Human resources have been increasing over time with almost three thousand staff employed centrally and in the regions by the end of 2001. In 2001, 35 conciliation courts of the Trade Inspectorate received 3117 communications. Of these, 356 led to judgements being passed, including 149 favourable to consumers, and 1202 cases being settled amicably. The rest were general enquiries. In the first half of 2002, 1603 motions were received, 199 decisions were issued, including 107 favourable to consumers, and 467 cases were settled amicably.

Support to consumer organisations in Poland is provided through funds from the national budget. These funds are used to finance activities commissioned by the OCCP from consumer organisations, such as free-of-charge advisory services to consumers, information and education campaigns, comparative tests, and publication of leaflets. In the year 2001, the OCCP devoted 2.65 million PNL (EUR 0.58 million) to supporting consumer organisations in carrying out these kinds of activities (in 2000 this amounted to 2.232 million PNL (EUR 0.56 million)). In August 2002, the Council of Ministers approved a Resolution assigning 20 additional posts: 10 for the Office for Competition and Consumer Protection and the Trade Inspectorate to deal with market surveillance tasks and 10 for the Office for Competition and Consumer Protection to deal with the protection of consumer groups' interests.

Overall assessment

The activities undertaken since 1997 have had a significant impact, especially as regards the construction of the legal framework for the protection of consumers and harmonisation of relevant national regulations with the corresponding EC directives.

However, further alignment efforts are required. The Consumer Protection Act from March 2000 which includes some provisions concerning product liability, should be revised in order to complete the proper legal framework.

The heavy workload of the staff of the OCCP and the Trade Inspectorate in the area of consumer protection places a considerable strain on resources, and, while noting the August 2002 Resolution of the Council of Ministers allowing additional posts in this area, a further strengthening of administrative capacity coupled with the necessary budgetary resources is essential.

The implementation of the Law on Trade Inspection together with the Law on General Product Safety has made the market surveillance system for consumer products much more compatible with the system in operation in the EC. However, to ensure full compatibility the amendment to the Law on Conformity Assessment will require careful implementation.

The main structures for market surveillance are in place, but fine-tuning remains to be done, in particular completing co-operation between market surveillance bodies and improving the national system of contacts between chambers of commerce, trade bodies and consumer associations as well as the market surveillance information system for Polish enforcement authorities. Finally, the existing system of pre-market certification remains to be removed.

It is necessary to develop intensively the awareness of consumers as regards their rights and the principles governing the operation of the market, as well as the awareness of business entities as regards the applicable regulations, the principles of fair competition, and the advantages of shaping a positive image of a company among its customers. Development of this awareness will require wide-ranging educational and promotional activities. It is necessary to expand and reinforce actions taken so far in the field of information and education, so that they reach a wide audience, including especially consumers in small towns and rural areas and small and medium-sized enterprises.

Consumer organisations should get more financial resources in order to carry out their activities. They should be more actively involved in the enforcement of consumer protection legislation and in market surveillance activities. The capacity of consumer organisations to carry out comparative testing should be enhanced and their point of view better taken into account in the standards' making process.

Conclusion

In its 1997 Opinion, the Commission concluded that the level of consumer protection in Poland was insufficient and that Poland would need to make substantial efforts to update its legislation and bring it in line with the acquis.

Considerable progress has been made since that time, and in particular over the last two years, especially with regard to ensuring that the necessary legislation has been adopted. Alignment with the acquis in the area of consumer protection is advanced and administrative capacity has seen a reasonable development.

Negotiations on this chapter have been provisionally closed. Poland has not requested any transitional arrangements and is generally meeting its commitments made in the accession negotiations.

In order to complete preparations for membership Poland, should continue its efforts with regard to the adoption of the acquis and increase its efforts to further improve the capacity to implement this legislation. The most important challenge at this time is, however, to ensure that the general public and business operators have a sufficient understanding of the legislation and of the rights and obligations which it generates.

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