Negotiators from the European Parliament and the Romanian Presidency of the Council of the EU, assisted by the European Commission, reached a provisional agreement around midnight Thursday and into Friday, 22 March on the proposed Omnibus regulation, which will modernise EU consumer legislation to strengthen their online or offline rights and better protect them against unfair commercial practices.
This successful outcome of the first 'trilogue' required 10 hours of negotiations. On Friday, the experts were working on finalising the details of this provisional interinstitutional agreement so that it could be submitted to the national ambassadors to the EU (Coreper) next week.
The negotiated text provides a common criteria for determining penalties against traders infringing their obligations. An increase in the harmonised maximum penalties that authorities may impose on undertakings in the event of a cross-border infringement, provided, however, that a coordinated action has been launched by the network of national consumer protection authorities.
Consumers would have the possibility to terminate the contract when they have been cheated by dishonest traders and their rights of 14 days' withdrawal would be guaranteed to them both online and offline.
The text would better protect consumers who buy online by requiring greater transparency from digital platforms, online comparison sites and search engines. Better information for consumers would be guaranteed on the parameters used in the ranking of offers and on who the seller is (a company or an individual), on the paid advertisements for obtaining a higher ranking in search engines and on personalised pricing.
There are also provisions for: blacklisting the resale of tickets bought through automated means, guarantees that advertised price reductions are not fake and clarity as to the limits on Member States' freedom to regulate doorstop selling.
As regards to the 'dual quality' of goods sold under the same brand and packaging in different regions of the EU, a prohibited practice if it is not justified, the text provides for an obligation to inform the consumer in the event of significant differences. (Original version in French by Aminata Niang)