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EU mentions

EASA Cross-Border System Praised as Pilot for Future Self-Regulation
The EU Commission’s sales promotions communication and proposed regulation in its annex xxxi praises the cross-border complaints system and states: "In particular national advertising self-regulatory bodies have worked together to deal with such complaints through the Brussels based European Advertising Standards Alliance. This is the only area to date where such a cross-border complaint system has been established in the field of self-regulation and it should be seen as a pilot for future development in self-regulation at the European level". For more information on the Sales Promotions regulation go here. 

Commissioner Byrne praises EASA cross-border system as a 'fine example'
In Commissioner Byrne's foreword to the 2001 editon of the Blue Book he states that, "the European Advertising Standards Alliance and its members have shown the value of such efforts in their commitment to managing voluntary codes of practice that are complementary to EU legislation in the area of advertising regulation". He continues on to praise the CBC system saying that "The EASA has already done a great deal to improve the handling of cross border complaints. This is a fine example of how effective self-regulation can be when there is the will to find solutions". He finishes the Foreword with "This third edition of the Blue Book is another step forward in the ongoing efforts of the advertising industry. I look forward to further development of self-regulation activity in the advertising industry, in synergy with the Commission’s activities in this area".

EASA praised by EU Commissioner: Sir Leon Brittan comments on progress
At a lunch organised in September 1998 by the UK's Newspaper Society, EU Commissioner Sir Leon Brittan commented on the progress that had been made in the area of European self-regulation since the founding of EASA in 1992. Responding to a question from Andrew Brown, Director-General of the UK Advertising Association, Sir Leon recalled that EASA had been set up in response to the challenges which he had issued to the advertising industry in 1991, adding that there had been a real reduction in the perceived need within the Commission for legislative intervention in this area.

• Television Without Frontiers Directive

• LEX FORI study of self and co-regulatory instruments

• French National Council for Consumer Affairs (CNC) report on Children and Advertising

• Commercial Communication in Schools

• Discrimination against Women in Advertising

• Car Advertising and Road Safety

• E-Commerce Directive 

• Comparative Advertising

• Sales Promotions

Television Without Frontiers Directive  
The text of the directive enshrines the country of origin principle used by EASA as a basis for the cross-border handling complaints mechanism.

LEX FORI study of self and co-regulatory instruments
The study commissioned by DG SANCO reviews self-regulatory instruments across most industry sectors and provides recommendations to the European Commission on the use of new regulatory instruments in the Community law context. EASA and its members have been mentioned in the study in the section on advertising.

EASA is cited as "an original organisation arising from the fact that it does not represent a sector of activity, like most European federations, but the self-regulation in the sector". After reviewing its main activities the report states that "the cross-border complaints mechanism works administratively well and the time taken to handle complaints is satisfactory with respect to the difficulty in operating a multilingual and international system". The report recommends the "further promotion of the cross-border system to consumers and suggests that consumers are also reminded that they can send their complaints to a local SRO in the country in which they are situated". In its point 2.4 it says that "one of the most striking characteristics of self-regulation in the area of advertising is its will to be both transparent and communicative. This is in fact one of the great strengths of the system".

In its point 2.6 it refers to the number of complaints handled saying that "the number of complaints handled by SROs which on review show that the redress mechanisms are generally active. It concludes by mentioning that sometimes the authorities transfer dossiers to SROs thereby providing good proof of the efficiency of the system". With regard to the respect of self-regulatory codes, the report makes a very positive statement (which is highlighted in bold in the original report by LEX FORI themselves) following evidence from EASA that says "Rien ne permet d’affirmer qu’une gestion directe du controle de la publicite par l’administration donnerait de meilleurs résultat"’ (there is no reason to say that the direct management by government authorities in controlling advertising would give better results).

Report of the French National Council for Consumer Affairs (CNC) on Children and Advertising.
Published on 25 October 2000 this report expresses the positions of both the consumer associations and the industry on the issue of advertising and children and aims to formulate constructive proposals in the children’s interest. The EASA gave evidence at a special meeting of the CNC.

"The CNC after the study considered that systems relying on prohibitions or bans are not a realistic solution". The CNC considers that "at national level the secretariat of which is handled by the BVP, can monitor and follow all the current issues and treat quickly all doubtful cases through the self-regulatory system of the BVP". In its opinion "at international level EASA coordinates the activities of 27 self-regulatory bodies (including the whole EU), and has set of a procedure of trans-border complaints" It also says "to make the system better known, the CNC recommends that a broader-aimed information on the existence of the system shall be carried out, especially through industry and association channels".

Commercial Communication in Schools 
In 1998 EASA compiled a survey of its members on this subject in response to enquiries regarding a Commission study. An EASA response accompanied individual members’ responses The final report was in favour of self-regulation and stressed  that its "..flexible, non-rigid manner…" was suitable to the issue at hand although more had to be done in promoting it.

EC INRA TVWF survey on minors
Based on the surveys described above, EASA gave evidence in September 2000, on the application of self-regulation, to the Commission consultants of ‘Bird & Bird’ who compiled a study on children and advertising in the light of the revision of the TVWF Directive (INRA). 

Discrimination against Women in Advertising
In 1996 the EP’s Women’s Rights Committee considered a draft report on discrimination against women in advertising. Early discussions questioned the very presence of women in advertising. EASA prepared a survey of rules and complaints with regard to stereotyping and sexual portrayal which was presented in a 'mini hearing' also attended by representatives from WFA and EAAA. The final EP report commented favourably on the role of industry self-regulation and called for its further promotion. It recommended (Rec .17)"…the development of the EASA into a fully fledged self-regulatory body for the European advertising industry..."

Car Advertising and Road Safety
Initial discussions in a Commission Working Party in 1993, to which EASA was invited as an expert, focused on what regulatory response was needed. The EASA, together with EAAA (now EACA), stressed the role of responsible commercial communication via advertising self-regulation. EASA conducted a survey into rules and complaints and successfully requested that the title of the working group be changed from to. Together with ad industry representatives, EASA raised with motor industry representatives the issue of avoiding further advertising restrictions.

EU discussions were revived in 1998 following an initiative of the UK presidency, which proposed a draft Commission-written 'self-regulatory' code. EASA again conducted a survey on the rules and levels of complaint on the issue. Again little evidence was found to support further intervention in this area, although it was evident that the use of speed claims in the UK had come back into fashion. The advertising industry and the motor industry did not subscribe to the Commission initiative, but emphasised the success of self-regulation. In October 2000, EGTA initiated further discussions with the motor industry regarding the consideration of advertising and its future. EASA again profiled the role of self-regulation and the need for the motor industry to support its continued development.

E-Commerce Directive 
During the drafting of the e-Commerce Directive, EASA, FEDMA and other industry bodies provided evidence on the effectiveness of self-regulation. The final text of the e-Commerce Directive recognises this at Art. 16, by stating "… Member States and the Commission shall encourage (a) the drawing up of codes of conduct at Community level by trade, professional and consumer associations or organisations…". At a number of Commission hearings by DG InfoSoc, DGSANCO, JRC, as well as to the OECD, the US FTC and the GBDe, EASA has provided evidence of what is now considered to be one of the only functional cross border complaints mechanisms currently in operation. It is included in the Global Action Plan.

Internet Advertising
EASA participated as an expert in the ICC working party which established the first ICC guidelines on Internet advertising and their subsequent revision. A dedicated EASA working group drew up a proposal on the application of self-regulation to the Internet and the integration of this into the cross-border complaints system. EASA is currently co-operating with industry associations such as FEDMA and EGTA to ensure an effective self-regulatory approach to Internet advertising using current self-regulatory structures and systems. EASA has been asked by the advertising industry to help develop an umbrella strategy for the practical application of self-regulation to the Internet. It is currently working on common principles of best practice and a referral scheme for national e-advertising icons. EASA has prepared a 'first steps' guide for dealing with Internet issues for SROs, many of which are already handling complaints related to Internet advertising under their existing rules.

Distance Selling
EASA provided evidence with FEDMA on the effectiveness of advertising self-regulation both to the Commission and in Parliament debates on the Directive, which recognised at Art. 11 that "…Member States may provide for voluntary supervision by self-regulatory bodies..". Several EASA surveys on direct marketing were compiled for FEDMA and for the Commission’s 1999 mid-term review of the Directive. EASA produced a survey on the incidence of national and cross-border complaints which featured in the annex of the EC’s report.

Comparative Advertising
EASA was asked during the drafting of the Directive to provide evidence on how self-regulation dealt with comparative advertising. The Directive states at Art. 5 that "…it does not exclude the voluntary control which Member States may encourage of misleading or comparative advertising by self-regulatory bodies…. DG Sanco requested EASA to provide a report on cross-border complaints for the mid-term (1999) review written into the Directive. EASA’s evidence in the EC report shows that there were almost no cross-border complaints about comparative advertising.

Commercial Communications
EASA provided evidence on self-regulation and the cross-border complaints system in response to the two Commission Green Papers on Commercial Communications (1996 and 1998) as well as EP hearings on the subject. EASA also participated in a number of seminars organised on the topic. The Commission recognised in its follow up paper "…the efforts that the national self-regulatory bodies have made in establishing a cross-border complaint system that works on the basis of the country of origin principle in the EASA…" The EP in its resolution "…called on the EC, consumer organisations and industry to consider strengthening already existing self-regulatory complaint procedures, such as that of the EASA…"

Cross-Border Redress
Following on from the Commission’s Green Papers on Commercial Communications, DG MARKT launched a questionnaire in 1999 on cross-border redress. Despite difficulties with the questionnaire’s structure, EASA took this opportunity to profile the success of the cross-border complaints system and members' involvement in the day-to-day handling of complaints. The Commission’s report will appear in early 2001 and is expected to highlight the benefits of the cross-border complaints system.

Access to Justice and Injunctions directive
In 1994 DGSanco’s Green Paper on Access to Justice recognised the role of EASA and the cross-border system as an out-of-court settlement system. In 1998 the Commission issued a Recommendation on Out of Court Procedures which set out minimum criteria for self-regulatory bodies, many of which mirror the membership criteria of EASA. In 1999, under the German presidency, a major conference was held in Saarbrücken on self-regulation of the media, which looked at concepts of self and co-regulation. EASA gave evidence to both working groups and provided an information stand on self-regulation. The conference concluded that the EU institutions should ensure that Community law provides appropriate scope for self-regulation and co-regulation in Europe.

Alternative Dispute Resolution (ARD)/Out of Court Dispute Settlement
The Joint Research Centre undertook, upon request from the European Commission DG Information Society, an exploratory study aimed at fostering a better understanding of the issues and challenges related to the deployment of on-line out-of-court dispute settlement systems in an electronic commerce environment. A Out of Court Dispute Settlement/ ADR Workshop was organised in 2000 and the study and workshop report refer to both EASA and self-regulatory solutions.