The inter-institutional negotiations in the EU on the package concerning sales contracts have ended. Following the Digital Content Directive, on 22 January, the European Union's co-legislators - Parliament and Council - reached a provisional agreement on the online and offline sale of goods (see EUROPE 12178) on the morning of Tuesday 29 January. The news was welcomed by both the European Commission and The European Consumer Organization (BEUC).
The rules on the sale of goods cover both tangible goods and those containing a digital component (e.g. a smart fridge). They modernise the provisions of Directive 1999/44/EC to include online sales.
The provisional agreement sets the duration of the seller's legal warranty at a minimum of two years, as is the case for digital content. Member States wishing to do so may introduce or retain a longer period in their national legislation. The agreement also sets the time limit for the reversal of the burden of proof at 1 year, or even 2 years for those Member States that so wish. At the Council's request, goods containing an intelligent component, such as connected fridges, will be covered by this text. The agreement also requires sellers to provide updates over a defined period of time in relation to what is reasonably expected by consumers, depending on the type and purpose of the good and the digital components.
The package on sales contracts will now be sent to Parliament and the Council for formal adoption. According to our information, the Permanent Representatives Committee is expected to take a decision on 6 February. Once validated, the text will have to be transposed into national law 2 years after its publication in the Official Journal of the European Union, and Member States will have an additional six months before they have to apply it to new contracts.
BEUC welcomed the adoption of this comprehensive package, particularly the very first European provisions on digital content and goods with a digital component. The only downside is that the hierarchy of remedies is too rigid, which has implications for Greece, Portugal and Slovenia. (Original version in French by Sophie Petitjean)