|Author (Corporate)||European Commission|
|Series Details||COM (2018) 185|
Legislative proposal published by the European Commission in April 2018 for a Directive aimed at ensuring better enforcement and modernising consumer protection rules across the European Union, particularly in light of digital developments.
This proposal aims at amending four EU Directives that protect the economic interests of consumers. Most of the amendments concern the Unfair Commercial Practices Directive 2005/29/EC and the Consumer Rights Directive 2011/83/EU. Each of the other two Directives – the Unfair Contract Terms Directive 93/13/EEC and the Price Indication Directive 98/6/EC – are only amended concerning penalties.
It intends to put together more effective, proportionate and dissuasive penalties for widespread cross-border infringements; to include the right to individual remedies for consumers; to increase transparency for consumers in online marketplaces; to extend protection of consumers in respect of digital services; to remove burdens for businesses; to clarify Member States' freedom to adopt rules on certain forms and aspects of off-premises sales; to clarify rules on misleading marketing of 'dual quality' products.
The draft law is a follow-up to the REFIT Fitness Check of EU Consumer and Marketing law and the evaluation of the Consumer Rights Directive 2011/83/EU, which was conducted in parallel to the Fitness Check and published in parallel (the 'CRD Evaluation'). The Fitness Check and the CRD evaluation concluded that the substantive EU consumer rules included in the four Directives were overall fit for purpose. However, the results also stressed the importance of better applying and enforcing the rules and modernising them in line with developments in the digital sphere. It also stressed the importance of reducing regulatory burden in some areas.
This proposal was adopted by the Commission on 11 April 2018 as part of a legislative package on consumer protection. The European Parliament's relevant committee approved a negotiating position on 22 January 2019. An informal agreement between the co-legislators on a compromise text was reached on 22 March. The Parliament formally endorsed it on 17 April, followed by the Council on 8 November.
|Subject Categories||Internal Markets|
|Subject Tags||Consumer Rights | Protection|
|International Organisations||European Union [EU]|