POLAND
Annual Report on Consumer Policy Developments
1999
I. Implementation of government consumer policy
1999 was the second year of implementation of the Council of Ministers "Government Consumer Policy for 1998-99". The major objectives of this policy were as follows:
In addition to the above activities, ongoing work focused on establishing a comprehensive consumer protection system and on harmonising Polish laws with those of the European Community.
The Act on General Product Safety has played an important role in enhancing consumer welfare. The draft law, which was elaborated by the OCCP in 1999, was voted by Parliament and will enter into force on 7 September 2000 (six months vacatio legis after its promulgation). The Act transposes EU Directive No 92/59 EEC on general product safety into Polish law, and delegates responsibility to the Council of Ministers for transposing other EU regulations into Polish law (on safety of toys, dangerous imitations, safety and names of textiles, checks on conformity of products imported from third countries, establishing systems of rapid exchange of information on dangerous products and monitoring consumer accidents).
Protection of consumer economic interests during 1999 centred on the draft Act on Consumer Credits. The OCCP is currently elaborating a new version of this Act, incorporating the comments of the sectoral ministries and Legislative Council. Parliament has already enacted the Act which amends the Act on Combating Unfair Competition. This Act will transpose into Polish law EU Directives on misleading and comparative advertising, and extends current measures on the protection of consumers from unfair competition, in particular misleading advertising.
Parliament also voted an Act transposing four EU Directives concerning contracts concluded away from business premises or at a distance, on unfair contract terms and on product liability. This Act will come into force in July 2000.
The OCCP proposed several amendments to existing provisions pertaining to consumer interests, and aided in the drafting of legal acts elaborated by other central administration bodies. In particular, the OCCP participated in work aimed at facilitating consumer access to justice. The draft amendment which aims to simplify court procedures, inter alia in the case of consumer disputes, has been drafted and submitted to Parliament.
It should be noted that, as of 1 January 1999, the courts of conciliation, which had been functioning informally within the structure of Trade Inspectorate since 1992, have been granted legal statutory grounds (amendment to the Act on Trade Inspection). Although the courts of conciliation are not mandatory, some 65% of entrepreneurs accept their competence. Once referral is signed by both parties to the dispute, verdicts are as binding as those of the common courts. The courts of conciliation are much quicker and cheaper than the common courts.
The implementation of tasks concerning the provision of consumer information and education was partly commissioned to the consumer organisations. Specialised institutes were commissioned by the OCCP to carry out comparative tests on consumer products in order to provide consumers with reliable information on product and service markets. These tests were subsequently publicised by the media and thus provide a good source of information for the general public.
On 1 January 1999, a new consumer protection organism was introduced at the self-government level: the district (municipal) consumer advocate. The Consumer Policy Department set up a cycle of seminars for consumer advocates, representatives of local authorities and Trade Inspectorate employees. Participants learnt about trends in consumer leglislation, examined case studies of disputes between consumers and traders, and discussed the legal aspects of the activities of consumer advocates and the scope of their competence. Participants were given a manual entitled "Basic legal acts and samples of summons in cases of unfair competition".
To ensure better consumer information relating to amendments to existing and new legal provisions, the Consumer Policy Department commissioned a consumer NGO to produce a series of leaflets on consumer contracts with monopolistic suppliers of energy, gas and heat. The legal grounds for such contracts were presented, as well as consumer rights. The leaflets are used by the district (municipal) consumer advocates, employees of the OCCP regional representations and the Trade Inspectorate and are also provided to the general public in response to complaints or questions.
The OCCP has earmarked funds for commissioning tasks in the field of consumer policy. Such tasks commissioned to non-public bodies have been implemented by consumer NGOs. In 1999, financial support amounted to some PLN 2 264 000 (about EUR 565 000).
The OCCP monitors the appointment of consumer representatives at the self-government level (i.e. consumer advocates) and co-operates extensively with them. OCCP data indicates that more than 180 advocates had been appointed by the end of 1999. The Consumer Policy Department offers professional advice and information. Training and meetings with the employees of regional representation are currently being organised, and educational materials are being prepared for the consumer advocates. The consumer advocates provide the OCCP with information on infringements of consumer interests, in many cases leading to investigations by the Trade Inspectorate.
The tasks connected with the reinforcement of the status of the Office for Competition and Consumer Protection are being implemented step by step. The amendments to the Act on Counteracting Monopolistic Practices and Ensuring the Protection of Consumer Interests, which entered into force on 1 January 1999, significantly extended the scope of competence and responsibilities of the President of the OCCP by providing for:
Based on the Act on Trade Inspection, subordinated to the OCCP, three implementing regulations have been issued; these are important instruments for market surveillance:
New regulations define the competencies and responsibilities of inspectors as well as those relating to persons subject to their authority.
In 1998 and 1999 the OCCP elaborated material for the Parliamentary Commission for Competition and Consumer Protection concerning, inter alia, advertising of pharmaceuticals, activities of the Trade Inspectorate, co-ordination between institutions in charge of the quality and circulation of food products.
The OCCP prepared a report for the Polish Government on the implementation of "Government Consumer Policy for 1998-99" and on draft government policy for the years 2000-2001. After inter-ministerial consultations, the draft will be submitted to the Council of Ministers for adoption.
II. Enforcement of consumer laws
Consumer laws can be enforced either by administrative decision or through the courts. By virtue of the Act on Counteracting Monopolistic Practices and Ensuring Protection of Consumer Interests, administrative decisions can be issued by the President of the OCCP.
In 1999, the OCCP investigated 347 accusations of monopolistic practices (initiated either ex officio or upon a motion), of which 42% pertained to consumer protection issues. Monopolistic practices were determined in 124 cases: 16 ex officio and 108 upon a motion.
Pursuant to the Act on Combating Unfair Competition, the President of the OCCP is not entitled to issue administrative decisions in such cases, although he may summon entrepreneurs to cease unfair competition activities and, in the case of non-compliance, he may decide to take the case to the courts.
In 1999, the Consumer Policy Department and regional representations of the OCCP (9) received 1 467 complaints, requests for advice, etc. The OCCP issued 132 summons to cease acts of unfair competition; 86 entities complied with the summons, while in 46 cases investigations continue, and in five cases the OCCP decided to take the case to court. In most cases, acts of unfair competition related to inappropriate product labelling, misleading or prohibited advertising, product imitations, etc. Summons were sent ex officio (29%), based on: information gathered by the Trade Inspectorate (46%), consumer complaints 28%), or motions lodged by the consumer advocates. They related to: foodstuffs (52%), other products (21%), commerce (12%), and services (15%).
Latest update 25 January 2001