Brussels, 24/03/2011 (Agence Europe) - In Brussels on Thursday 24 March 2011, the European Parliament paved the way for reform of consumer rights in the EU to clarify and boost rights in remote purchases and contracts entered off-premises by ensuring the utmost harmonisation of national legislation on consumer legislation and unfair trading and targeted harmonisation to enable member states to keep or introduce greater protection for consumers. Compromise amendments on the 2008 draft legislation voted through by the plenary were described by the two rapporteurs, Andreas Schwab (EPP, Germany) and Diana Wallis (ALDE, UK), as having secured progress (see EUROPE 10343), but the final vote on the draft legislation has been postponed to provide more time to try and reach agreement in first reading.
The main breakthroughs for consumers are the 14-day period to change their minds about a purchase, the right to return a product (and be reimbursed delivery costs) within the first fortnight, the seller being responsible for any damage to the product during delivery, the right for people who arrange for someone to come and visit them to change their mind within the first fortnight, the time in which one can change one's mind starting from the time of delivery rather than the time of agreeing to the sale for “non-establishment” sales, and a ban on unexpected charged for online card payments.
In the view of EU Fundamental Rights Commissioner Viviane Reding, this compromise gives a good mandate and basis for negotiations with the Commission and the Council of Ministers (whose approach was set out in December 2010 - it scraps Chapter Four on sales contracts and appeals and Chapter Five on unfair trading). The three EU institutions have agreed that, if they reach agreement, the final vote at the EP might take place in June or July 2011 so that the legislation can be passed immediately. Supporters of the least amount of harmonisation, like the S&D Group, say this time period should be utilised to settle the question of full harmonisation of the unfair trading rules. Bernadette Vergnaud (S&D, France), deputy chair of the EP's internal market and consumer protection committee, said it was not acceptable because insufficient protection has been decided upon and displays a lack of knowledge of the way fraud operates in practice, which requires EU legislation to be pro-active (which it fails to be).
BEUC, the European Bureau of Consumer Organisations, echoes this, saying that maximum harmonisation of the unfair trading measures would significantly reduce consumer protection in a number of member states without giving companies any benefits. Monique Goyens, BEUC Director General, calls for tighter measures to protect consumers against unexpected costs for online purchases and for the legislation to avoid leaving any get-out clause from the requirement that sellers provide consumers with basic information. (A.N./transl.fl)