Application of Directive 93/13 to the provision of services of a public nature
The European Commission, DG XXIV, has launched an open invitation to tender for a study relating to the current situation in Member States regarding the implementation of Directive 93/13 concerning unfair terms in consumer contracts. The Directive applies, in principle, to any type of contract signed between a seller of goods or supplier of services and a consumer, regardless of form or object. It excludes its application to "contractual terms referring to mandatory statutory or regulatory provisions and the provisions or principles of international conventions, to which the Member States or the Community are party, particularly in the area of transport". The purpose of the study is to draw up a comprehensive table of the current situation with regard to the control of supply conditions of certain services of a public nature (regardless of the fact that the seller or supplier is a public or private entity) in the different Member States. The services to be covered are as follows: - Water supply; - Electricity supply; - Postal services; - Telecommunications services; - Gas supply (if distributed by grids); - Public transport; - Health services provided by public hospitals. The contractor must analyse the legal framework within which the abovementioned services are provided, in particular those which are the result of privatization or opening to competition in public procurement. Secondly, the contractor must analyse the national provisions which bring into force Directive 93/13 in the Member States, and any other national provision pursuing similar ends with a view to establishing application procedures of these terms to the statutory undertakings in question. The contractor must then analyse the general conditions applied by companies providing the abovementioned services on the territories of different Member States, in such a way as to identify any unfair terms. The contractor must also compile information, in particular by addressing consumer and regulatory organizations, allowing for the drawing up of a typology of problems encountered by consumers in relation to the terms of providing services of a public nature. The contractor must ultimately put forward recommendations concerning action to be taken aimed at solving problems and difficulties encountered in relation to the application of the "unfair terms" Directive to services of a public nature. For reasons pertaining to methodology and in order to guarantee the coherent and equitable consideration of all subjects covered by the study, tenderers may tender for part of the study only. However, tenderers may envisage the subcontracting of part of the study to subcontractors, provided the tenderer assumes full and entire responsibility. The interim report (containing provisional results and the evaluation of work carried out) must be completed within a six-month period of the date of signature of the contract. The final report, containing the results of the study, must be submitted within 12 months of the date of signature of the contract. Requests for tender documents, and completed tenders, should be sent to: European Commission DG XXIV - Consumer policy 200 rue de la Loi (RP-3 3/30) B-1049 Brussels Fax +32-2-2959490