A tender for services from DG Sanco
Dear all,
EKATO Athens in cooperation with IAPETOS S.A. will submit a bid for tender SANCO/2005/B2/019 concerning the unfair commercial practices and consumer protection (see link above on the title) we would like to see which of you as individuals or organizations would like to cooperate in order to send you detailed tender specifications. Take under consideration that the amount of work is heavy enough and the money not so good (overall budget for the bid around 95000).
here i'm posting you an initial description of work to be done
The Directive 1999/44/EC on the sales of consumer goods and associated guarantees mandates the Commission to report on its application to the European Parliament and the Council. Such report should examine, amongst other things, the case for introducing at European level a direct liability of producers for any lack of conformity of consumer goods for which they may be responsible.The purpose of this invitation to tender is to commission an analysis in order to improve the knowledge base of the European Commission on the issue of producers' direct liability in the context of contracts of sale of consumer goods. The outcome of the analysis will complement the findings of other activities undertaken by the Commission in the field of consumer sales, notably the control of the implementation of Directive 1999/44/EC by the Member States and the comparative analysis of national transposition measures.In particular, the Commission intends to evaluate the experience of those Member States who have implemented Directive 1999/44/EC introducing direct producers' liability in the context of sale of defective consumer goods. The analysis will contribute to evaluate whether such concept has significantly contributed to enhance consumer protection; whether the burden imposed on producers is proportionate to the consumer protection objectives pursued; and whether the ensuing divergences between national laws risk hindering the smooth functioning of the internal market.Please note that the award of the tender remains dependent on the Commission's approval of the financing decision in the Work Plan 2006 for Consumer Policy. This call for tender is launched before the formal adoption of the financing decision in order to allow the timely performance of the reporting obligations set by Directive 1999/44/EC.
The contractor must perform the following tasks:a) Legal research: The first objective of the analysis should be the identification of those national legal systems which have introduced some form of producers' direct liability vis-a-vis end consumers in the context of contracts of sale of goods. The analysis should describe in detail the relevant legal provisions, illustrating the ambit of application of direct producers' liability and the procedural rules applicable to consumers' actions against producers. Where appropriate, reference should be made to the academic writings and debate on this issue.
b) Assessment — consumer protection goals: The contractor is required to assess whether the introduction of direct producers' liability for lack of conformity of consumer goods has contributed to a significant improvement of consumer protection in the national legal systems considered. In this evaluation, the analysis should take into consideration all judicial actions which have been brought directly against producers to enforce consumer rights and/or provide an estimate of the incidence of out-of-court settlements in this field. The contractor should report on the views and the experiences of consumer associations and public authorities having a legitimate interest in protecting consumers under national law.
c) Estimation of the burden imposed upon businesses: The contractor will estimate whether the introduction of direct producers' liability in the context of the transposition of Directive 1999/44/EC has created a significant additional burden for producers, with particular reference to small and medium-sized enterprises. The analysis should include a survey illustrating the views of businesses in those Member States which have introduced some form of direct producers' liability for sales of defective consumer goods; the analysis should also evaluate on a basis of similar survey to what extent producers in Member States where no direct producers' liability exists would perceive its introduction as a significant additional burden for their business.
d) Assessment — internal market goals: The contractor is requested to evaluate whether the introduction of direct producers' liability by some Member States pursuant to the minimum harmonisation clause in Directive 1999/44/EC is hindering the smooth functioning of the internal market. Therefore, the analysis should include a survey aimed at assessing whether businesses are significantly discouraged from entering national markets where the direct producers' liability has been introduced. The contractor should also illustrate the views and experiences of consumer associations and public authorities having a legitimate interest in protecting consumers, as to whether consumers living in Member States where direct producers' liability exists are significantly discouraged from shopping cross-border.
All work must be delivered in English
EKATO Athens in cooperation with IAPETOS S.A. will submit a bid for tender SANCO/2005/B2/019 concerning the unfair commercial practices and consumer protection (see link above on the title) we would like to see which of you as individuals or organizations would like to cooperate in order to send you detailed tender specifications. Take under consideration that the amount of work is heavy enough and the money not so good (overall budget for the bid around 95000).
here i'm posting you an initial description of work to be done
The Directive 1999/44/EC on the sales of consumer goods and associated guarantees mandates the Commission to report on its application to the European Parliament and the Council. Such report should examine, amongst other things, the case for introducing at European level a direct liability of producers for any lack of conformity of consumer goods for which they may be responsible.The purpose of this invitation to tender is to commission an analysis in order to improve the knowledge base of the European Commission on the issue of producers' direct liability in the context of contracts of sale of consumer goods. The outcome of the analysis will complement the findings of other activities undertaken by the Commission in the field of consumer sales, notably the control of the implementation of Directive 1999/44/EC by the Member States and the comparative analysis of national transposition measures.In particular, the Commission intends to evaluate the experience of those Member States who have implemented Directive 1999/44/EC introducing direct producers' liability in the context of sale of defective consumer goods. The analysis will contribute to evaluate whether such concept has significantly contributed to enhance consumer protection; whether the burden imposed on producers is proportionate to the consumer protection objectives pursued; and whether the ensuing divergences between national laws risk hindering the smooth functioning of the internal market.Please note that the award of the tender remains dependent on the Commission's approval of the financing decision in the Work Plan 2006 for Consumer Policy. This call for tender is launched before the formal adoption of the financing decision in order to allow the timely performance of the reporting obligations set by Directive 1999/44/EC.
The contractor must perform the following tasks:a) Legal research: The first objective of the analysis should be the identification of those national legal systems which have introduced some form of producers' direct liability vis-a-vis end consumers in the context of contracts of sale of goods. The analysis should describe in detail the relevant legal provisions, illustrating the ambit of application of direct producers' liability and the procedural rules applicable to consumers' actions against producers. Where appropriate, reference should be made to the academic writings and debate on this issue.
b) Assessment — consumer protection goals: The contractor is required to assess whether the introduction of direct producers' liability for lack of conformity of consumer goods has contributed to a significant improvement of consumer protection in the national legal systems considered. In this evaluation, the analysis should take into consideration all judicial actions which have been brought directly against producers to enforce consumer rights and/or provide an estimate of the incidence of out-of-court settlements in this field. The contractor should report on the views and the experiences of consumer associations and public authorities having a legitimate interest in protecting consumers under national law.
c) Estimation of the burden imposed upon businesses: The contractor will estimate whether the introduction of direct producers' liability in the context of the transposition of Directive 1999/44/EC has created a significant additional burden for producers, with particular reference to small and medium-sized enterprises. The analysis should include a survey illustrating the views of businesses in those Member States which have introduced some form of direct producers' liability for sales of defective consumer goods; the analysis should also evaluate on a basis of similar survey to what extent producers in Member States where no direct producers' liability exists would perceive its introduction as a significant additional burden for their business.
d) Assessment — internal market goals: The contractor is requested to evaluate whether the introduction of direct producers' liability by some Member States pursuant to the minimum harmonisation clause in Directive 1999/44/EC is hindering the smooth functioning of the internal market. Therefore, the analysis should include a survey aimed at assessing whether businesses are significantly discouraged from entering national markets where the direct producers' liability has been introduced. The contractor should also illustrate the views and experiences of consumer associations and public authorities having a legitimate interest in protecting consumers, as to whether consumers living in Member States where direct producers' liability exists are significantly discouraged from shopping cross-border.
All work must be delivered in English
posted by skoukios | 10:08 AM
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