Brussels, 28/10/2011 (Agence Europe) - Presented on 11 October this year by Commissioner Viviane Reding, the proposal for a regulation establishing a European contract for voluntary sales for companies and consumers received a cool welcome from several justice ministers at the Council on Friday 28 October, in Luxembourg. Reticence is nothing new and had been expressed well before the proposal was tabled.
France began to slam the law first, with Michel Mercier, Justice Minister, going straight to the point during a public debate by highlighting “problems with the legal base” (Article 114 of the Treaty) and concerns with regard to “the level of consumer protection” which could, in his view, be reviewed downward in the European contract, which is an optional alternative to national provisions. The minister even cast doubt upon the usefulness of such a proposal which, “after consultation with several associations, has not been confirmed”.
The Polish presidency of the EU Council had not planned to open the debate in Luxembourg but to simply invite Viviane Reding to submit her paper. Several delegations nonetheless seized the opportunity to state their stances. Finland, like France, expressed doubts and even concern. It felt there were many other problems to be settled as well, including fiscal aspects, and people's trust in credit card payments. Finland “rallies to France's view” and shares the same doubts on the level of consumer protection, the Finnish representative said. Slovenia also joined in the criticism voiced by France and Finland, like Portugal. Italy said the proposal only adds “complexity” to the not necessarily welcome normative system. Rome - albeit recently requested by the Commission to reform its legal system in order to boost its competitiveness - spoke of a “risk of overlapping”, which is something states do not always find manageable.
The Commission cannot understand such criticism, said Matthew Newman, spokesman for the commissioner, pointing out that other member states have given their backing to the proposals, for example Germany. On the Commission's side, it is felt that the argument put forward by the recalcitrant countries is not founded. Newman said that, with the regulation, consumer protection is in fact heightened as it allows additional means of recourse such as product replacement, repair or reimbursement to all countries. Currently, such provisions do not exist everywhere.
In addition, the proposal is based on a voluntary choice. SMEs and consumers will therefore not be under an obligation to resort to the European contract, which will under no circumstances replace national contracts, the spokesman continued. He also mentioned the contradiction between ministers who had earlier recognised that there was a problem for SMEs in terms of exports and access to external markets, but who today question those proposals.
“Discussions have only just begun”, continued Matthew Newman, however, saying it will be necessary to explain, and convince member states. The Polish Presidency of the EU Council has heard the criticism, said Krzysztof Kwiatkowski, and provides for a working group to be held on the subject on 21 and 22 November. A more in-depth debate will, moreover, be held during he next meeting of European ministers, in December. (SP/transl.jl)