European Commission proposals to harmonise consumer rights across the EU face mounting criticism over fears that national standards of protection could be diluted.
The legislation is designed to boost cross-border retail trade, by giving greater confidence to consumers to shop and to businesses to trade in other member states. But unlike the legislation that it will replace, the new regime will not give member states free rein to maintain additional national safeguards.
This could mean that consumers in the UK will no longer be able to demand a refund for faulty goods, because the Commission proposal foresees a ‘hierarchy of remedies', which would give traders the option to repair and replace a product rather than offer an immediate refund. France is concerned that the draft legislation will wipe out ‘latent defect' rules dating back to the Napoleonic code, which allow consumers to return defective goods even if the defect becomes apparent only years later.
“There is an increasing frustration with the Commission for not providing clarification in relation to the scope and implications of the proposal,” one diplomat told European Voice.
Clarification
Organisations representing both business and consumers have also expressed concerns over the lack of clarity about which existing national rules would need to be changed.
Monique Goyens, the director-general of the European consumers organisation, BEUC, sent a letter to member states on 15 May urging them to increase the pressure for clarification. “Six months after its adoption by the Commission, consumers and their organisations across the EU do not know what changes the proposed directive would bring and whether important consumer rights would have to be removed or not,” she wrote.
BEUC and business associations will meet Meglena Kuneva, the European commissioner for consumer affairs, on 16 June to express their concerns. Kuneva has indicated her readiness to improve the proposals, and is working with UK and French officials and with BEUC to respond to their concerns.
Her spokesperson said: “We take these [criticisms] seriously and it is important to get this right,” adding that the Commission is working on a detailed analysis of the impact the proposal would have in each member state. “A huge amount of effort is going into producing it,” she said.
Patrice Pellegrino of EuroCommerce said that member states are toughening their negotiating positions on the draft directive, because they are concerned that if they do not safeguard their national rules now, they will be unable to save them later.
A ruling last month at the European Court of Justice on unfair commercial practices has hardened views, by limiting member states' rights to adopt rules stricter than those allowed under harmonised EU law, “even in order to ensure a higher level of consumer protection”.
