The ambassadors of the Twenty-Eight validated on Friday, 29 March, the provisional deal reached between the European Parliament negotiators and the Romanian Presidency of the Council of the EU on the proposal to modernise EU laws to better protect consumers in the digital age (see EUROPE 12220/10).
The aim is to strengthen online or offline consumer protection and to better protect consumers against unfair commercial practices, with sanctions for offending companies.
This Omnibus regulation proposal was presented in April 2018 as part of the ‘New Deal for Consumers’ (see EUROPE 11999/1).
Among the key measures is an increase in the maximum penalties, according to enhanced harmonisation of some of the criteria (nature, gravity, duration of the infringement), which the authorities may impose on companies in the event of a cross-border infringement, provided that 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.
Enhanced transparency of digital platforms, online comparison sites and search engines would also be ensured by requiring consumers to be informed of the identity of the seller (professional trader or not), whether or not the transaction is protected by consumer law, the main parameters determining the ranking of offers, and whether a personalised price exists.
The text also clarifies the obligations of Member States to avoid 'dual quality' in products.
It will amend Directives 93/13/EEC (unfair contract terms), 98/6/EC (protection in price indication of products offered to consumers), 2005/29/EC (unfair commercial practices) and 2011/83/EU (consumer rights).
The European Parliament will also have to validate the Interinstitutional Agreement in April. However, due to a lack of time to prepare all the language versions of the text before the May European elections, the adoption of the legislation by the Council of the EU and the European Parliament that will emerge after the elections is scheduled for the second half of 2019.
Once the directive has been formally adopted, Member States will have 24 months to transpose it into national law. (Original version in French by Aminata Niang)