The EU Council on Friday 1 March succeeded in adopting its position on the proposal for an "omnibus" regulation to update and modernise EU consumer legislation to strengthen their online and offline rights and better protect them against unfair commercial practices throughout the EU.
The ambassadors of the 28 EU Member States have given the Council Presidency a mandate to start negotiations with the European Parliament on this text, which was presented in April as part of the “New Deal for Consumers” (see EUROPE 12178, 11999). No date has yet been set for the first trilogue.
The Council supports an increase in the harmonised maximum penalties that authorities may impose on companies in the event of cross-border infringements. This would be 4% of the operator's annual turnover in each country, but conditions have been added: in order to be able to impose these sanctions, the criteria to be taken into account will be indicative and not exhaustive and coordinated action will have to be launched by the network of national consumer protection authorities.
The agreed text provides for the right of consumers to terminate the contract or to obtain individual compensation if they have been cheated by unfair commercial practices such as aggressive marketing, provided however that the compensation is proportionate and effective, and without prejudice to other means of compensation provided for by EU or national law.
The transparency of digital platforms, online comparison sites and search engines would be increased by better informing consumers, particularly about the parameters used in the ranking of offers and who the seller is: whether it is a company or an individual.
Like Parliament, the Council wishes to maintain, for online purchases, the 14-day right of withdrawal for the consumer (a right that the Commission was proposing to abolish).
The text clarifies how Member States should treat the “double standard” in the quality of food sold under the same brand and packaging in different parts of the EU - a prohibited practice if it is not justified. (Original version in French by Aminata Niang)