Brussels, 24/06/2011 (Agence Europe) - The way is now clear for the first-reading adoption of a text which will revolutionise consumers' rights in their online and distance shopping by reinforcing these rights, whilst giving operators a harmonised framework on the EU market. On Thursday 23 June, the European Parliament confirmed, by a vast majority, the political compromise negotiated in trialogue on the new directive on consumer rights (EUROPE 10399). This step forward provides a successful outcome to 3 years of arduous negotiations on a text which was initially controversial, unusually complex (more than 2,000 amendments were tabled) and which nobody ever hoped would lead to an agreement; however, everybody agrees that this is a good agreement, stressed Malcom Harbour (ECR), chairman of the committee on the internal market and consumer protection of the Parliament and Andreas Schwab (EPP, Germany), negotiator-in-chief. “We can all be very pleased”, said the latter, who is delighted that his “group has obtained guarantees and safeguards for artisanal services, whilst guaranteeing protection for consumers”.
There is now just one stage left in the procedure - the formal adoption of the text by the Council in September, to allow the directive, once it has been published in the Official Journal of the EU (this autumn), to be transposed into internal law by all member states by the end of 2013.
Stressing that internet sales will represent 25% of all trade within a few years, Robert Rochefort (ALDE, France) underlined the major stakes of a text which will produce its effects on the single market, offering consumers more confidence, more choice, more options to buy things more cheaply, and give SMEs and craftsmen and women “significantly increased markets, which may allow us to gain growth points”. Evelyne Gebhardt (S&D, Germany) is firmly of the opinion that the compromise “is added value for consumers at European level” and welcomes the fact that minimum standards of harmonisation for unfair clauses or delays in delivery will allow the member states to go further if they choose. There is only one concern for her group, the fact that “such a complex dossier has been concluded at first reading, depriving the citizens of the transparency they should have”. In the view of Emilie Turunen (Greens, Denmark), the text is “an example of useful harmonisation, because online trade is cross-border”. A cooling-off period of 14 days will help to reassure consumers, she added.
On behalf of the European Commission, Viviane Reding said: “This is a great day for Europe's 500 million consumers. The adoption of the Union's new directive on consumer rights will reinforce their prerogatives by punishing fraudsters operating over the internet, misleading individuals to try to get them to pay for services which appear to be free of charge, such as having their horoscope charted or getting cooking recipes. Purchasers will no longer end up getting trapped, against their will, into an obligation to take out holiday insurance or rent a vehicle when they buy a ticket over the internet. And everyone will have a period of 14 days to return any goods they buy remotely, if they so wish, whether they bought them over the internet, through correspondence or over the telephone".
The major innovations for consumers brought in by the new directive include: (1) the removal of hidden costs and charges over the internet; (2) increased price transparency; (3) a ban on pre-ticked boxes on internet sites; (4) a 14-day cooling-off period (compared to just 7 days at the moment), allowing them to send back goods for any reason. The period will start once the consumer has received the goods, rather than the date on which the contract is concluded; (5) wider rights to reimbursement. Professionals must reimburse consumers with the price of the product within 14 days of cancellation. This reimbursement must cover delivery costs. In general, the seller will bear the risk of any damage to goods during transport until the consumer takes possession of them; (6) the introduction of a template cancellation form valid throughout the EU, which can be used to facilitate and expedite the cancellation procedure, irrespective of where in the EU the contract was concluded; (7) an end to extra charges invoiced for using credit cards or special telephone lines; (8) clearer information on who is responsible for paying to send goods back; (9) better protection for consumers buying digital products.
The text also brings in common rules applicable to sellers, to make it easier for them to operate throughout Europe. A single set of basic rules governing distance-selling contracts (sales over the telephone, through the post or electronically) and off-premises contracts (sales made outside the premises of a business: in the street or at a home demonstration, for example) within the European Union, thereby creating fair competition conditions in favour of professionals in the field of cross-border sales, and reducing their transaction costs, particularly for internet sales. (A.N./transl.fl)