Sopot, 19/07/2011 (Agence Europe) - The Polish proposal relating to the creation of a European contract for online crossborder transactions was the focus of discussion on Tuesday 19 July in Sopot (Poland) at the informal Council of European justice ministers. The Polish Presidency of the European Union Council set itself the objective of breaking with the largest number of legislative and administrative constraints that prevent this 28th regime, known also as “blue button”, from being put into effect.
Although two opinions are shaping up among the 27 EU member states, all nonetheless agree as to the absolute necessity to protect consumers. The proposal may prove of interest, it is generally felt, if the consumer does not lose out, a source close to the informal council said.
The choice between a crossborder online transaction, depending on national or European laws, could prove harmful for consumers. That is the position defended by the United Kingdom. The British minster for justice said it was an idealistic but dangerous proposal for the consumer who would not have the means, unlike specialised internet lawyers, to compare two systems to see which is the most advantageous. To this argument, the Polish minister, Krzystof Kwiatkowski, answered saying consumer protection would be guaranteed: “The online consumer has the choice between two contacts, either national or European. Both will be clear, explained and the consumer will be able to make a well-informed choice”.
The German minister, Sabine Leutheussser-Schnarrenberger, was not really enthusiastic. She raised the question of the added value of a 28th regime for Europe, saying: “In Germany we have a very mitigated attitude on this.” On the basis of the Green Paper, a number of voices have already been raised at the German parliament.
Among those who are “against” or “reserved”, there are five countries leading the way: France, the United Kingdom, Austria, Finland and the Czech Republic, states which, like France, have a major and well-experienced consumer association lobby. The risk with a European contract, they say, is to end up with rights below national rights.
The smaller countries, however, are highly optimistic. “This is a very advantageous system for countries that do not have access to all crossborder purchases, such as Luxembourg”, a source familiar with the issue confided. In Poland also, a number of European internet sites are blocked to online purchasing. “The 28th regime will be along the lines of free European commercial movement. There is no better place than the internet for trade without borders”, the Polish environment minister added. Viviane Reding went on to say that, “for some states, the blue button will be a new instrument for stimulating their growth”.
This optional system would give internet sites and consumers the possibility to choose between a contract based on national laws or a European regime for their online crossborder transactions. “This proposal should be tabled this autumn”, Justice Commissioner Reding said. It is not likely before October, however. She concluded by saying she believed there will be a ministerial agreement in coming months, and perhaps also entry into the legal system next year. She felt it would be a good thing if 2012 could be the anniversary year of the 28th regime. (V.W./transl.jl)