The obligation to market only safe products, improved consumer protection, changes in granting state aid and new possibilities for competition protection authorities - UOKiK is taking track of Poland’s 5 years in the European Union

A united Europe means 493 million consumers with consumption spending at the level of 58% of the Union’s GDP. Five years after the European Union’s historic enlargement, Polish consumers willingly make use of the possibilities offered by the common market. Before the accession, a number of instruments resulting from the EC regulations were transposed into the Polish law.

Improved consumer protection

In Europe without borders, all consumers are protected by the same regulations. On the European Commission’s initiative, a legal framework is created and then enforced in the legal systems of the Member States. For example, thanks to the unified rules, while travelling by plane within the territory of the European Union we can expect airlines to inform us about flight prices in a way specified in the applicable law. By virtue of the Regulation of the European Parliament and the Council on common rules for the operation of air services in the Community each carrier is obliged to reliably inform of the final air ticket price, which must include the air fare, air rate, all taxes and extra charges known at the time of presenting the offer.

While buying products on the common market we can be sure that all retailers, manufacturers and importers must comply with the same rules regulating product safety. Since 1 May 2004, Polish businesses have been operating under the market surveillance system based on the New Approach directives. The safety, health and environmental protection requirements set forth in the directives relate to different groups of products, including toys and electrical appliances. The CE marking confirms that such products meet the requirements. There are also benefits of the EU membership as regards dangerous consumer products appearing on the market - thanks to the RAPEX system customers may be immediately informed about the risk. Over the five years, UOKiK submitted 264 notifications of this kind.

Standards applying within in the European Union Quality determine the quality, way of labelling and informing about the features of products. This is reflected, for example, by the fuel quality monitoring and scrutinizing system operating in Poland since the accession. Owing to regular inspections carried out since May 2004, the amount of fuel non-compliant with quality requirements has been gradually decreasing. Whereas during the first months of the membership the volume of discovered irregularities was at the level of 20%, last year it dropped to only 4.2%.

While doing shopping in EU Member States, we are protected by similar market rules. If, after coming back from abroad, we discover that the goods we bought are faulty we should seek redress on the basis of EC regulations. The European Consumer Centre, which serves as a liaison between individual customers living in the EU and a variety of organizations and institutions which deal with solving their problems, has been promoting European consumer issues and offering assistance in seeking redress in cross-border disputes since 2005. The ECC in Poland has been approached by nearly 5.5 thousand consumers within the last four years.

New possibilities for competition protection authorities

1 May 2004 was a turning point in shaping the scope of responsibilities of the President of the Office of Consumer and Competition Protection (UOKiK). Poland’s accession to the European Union meant not only new possibilities but also numerous obligations, including ones imposed on antitrust authorities of the Member States.

The Polish Act on competition and consumer protection was prepared for the EU membership - it was amended by the Parliament and adapted to the EC competition law before the accession. The maximum fine for refusing to provide UOKiK with information in the course of proceedings was increased from 5 to 50 million euro and the leniency programme, unknown at that time in Poland, was introduced, making it possible to impose less severe sanctions on cartel participants who decided to cooperate with UOKiK. Also, as a result of the changes, UOKiK’s control powers got increased, the new regulations made it possible for the employees of the European Commission to carry out searches at the premises of Polish companies.

What is more, the accession provided the President of UOKiK with the possibility to apply Community law. What needs to be mentioned first and foremost is Regulation 1/2003, which decentralized the European Commission powers as regards counteracting of anti-competitive agreements and abuses of a dominant position. The focus in deciding whether a given business conduct infringes Community law has been shifted to national competition protection authorities, including UOKiK. While investigating a practice which has influence on the trade between Member States, a national competition protection authority has to apply Community regulations alongside national ones. So far the Office has issued 15 decisions after conducting proceedings under Community law. Subsequent proceedings are pending.

Changes in granting state aid

The accession brought about major changes in granting state aid. Since 1 May 2004, it has been the European Commission which decides if a given aid is compliant with applicable regulations - before it was the task of the President of UOKiK, who would issue binding opinions on individual aid projects and aid schemes submitted by aid providers. Today the responsibilities of the President of UOKiK as regards state aid mainly include: providing opinion on such aid and notifying it to the European Commission, and coordinating the process of cooperation between the aid providers and beneficiaries with the Commission by providing it with information and documents on behalf of the Polish authorities and answering the queries from the Commission. Within the last five years, UOKiK has sent 356 opinions on aid schemes and individual aid programmes.

Additional information:
Małgorzata Cieloch, Spokesperson for UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warsaw, Poland
Tel. (+48 22) 827 28 92, 55 60 106, 55 60 430
faks (+48 22) 826 11 86
E-mail: [SCODE]bWNpZWxvY2hAdW9raWsuZ292LnBs[ECODE]

Magdalena Kreczmańska
Information and Communication Coordinator
European Consumer Centre Poland
Tel. (+48 22) 55 60 248, 55 60 118
E-mail: [SCODE]bWVkaWFAa29uc3VtZW50Lmdvdi5wbA==[ECODE]
www.konsument.gov.pl