The European Parliament is ready to begin negotiations with the Council on and off-line sales. On 22 February, the internal market and consumer protection committee approved the report prepared by the negotiating team (see EUROPE 11965).
The rapporteur, Pascal Arimont (EPP, Belgium), described the amended text as, “a positive and balanced compromise for the single market and consumers”.
The European Consumers Agency (BEUC) was more cautious in its appraisal, however, and asserted that there was a possibility of consumer protection being weakened due to the provisions on the duration of the guarantee, the reversal of the burden of proof and question of compensation. Monique Goyens indicated, “How will consumers be able to understand that the EU is removing some of their rights and not improving them”?
The European Association of Craft, Small and Medium-sized Enterprises (UEAPME) also expressed disappointment but for other reasons. The latter regretted that the Parliamentary committee had not opted for total maximum harmonisation, which it considered could lead to increased charges for small companies. This position was also shared by EuroCommerce.
Flagship measures
In practice, the MEPs have set out a legal guarantee of two years. Only the member states that already have a longer guarantee period will be able to go beyond this. They also set out the period for reversing the burden of proof in the event of non-compliance to one year and harmonised the hierarchy of remedies (damages and interest), whilst explaining that, “the member states can set out the modalities for exercising” these rights.
The position of the European Parliament, however, allows the member states that provide a guarantee against concealed defects (such as the Benelux countries) or a short-term right of renunciation (such as in the United Kingdom, where consumers have the right to return a product over the 30 day period following the purchase), to retain or introduce these provisions.
Work at the Council is moving ahead more slowly. The Bulgarian Presidency is planning to organise an orientation debate at the end of its mandate. According to the information we have received, the European Commission suggested to the national delegations that they establish a basis on the compromises reached on digital content (currently being negotiated in the trialogue), but some of the delegations are opposed to this.
The next meeting of the attachés in charge of the dossier will take place on 13 and 14 March and is expected to tackle the question of guarantee periods. (Original version in French by Sophie Petitjean)