DSE replies to public consultation on the review of EU consumer and marketing legislation

Jeudi, 1 Septembre, 2016

As indicated in previous editions of the newsletter, the European Commission (EC) is reviewing the existing EU consumer and marketing legislation, the so-called Regulatory Fitness and Performance Check (REFIT).

DSE welcomes the important steps made by the EC to assess consumer law provisions and replied to the public consultation on this matter. DSE called for the status-quo to be maintained as regards the Directives on Consumer Rights (CRD), Unfair Contract Terms and Unfair Commercial Practices.  

Rather than amending the Directives currently in place, DSE supports better enforcement and more coherent interpretation of legislation across the EU. The existing rules should be clarified and simplified instead of creating new ones. A possible alternative approach would be to develop guidance for a better implementation and enforcement, done by the EC together with the relevant stakeholders.  

As regards the CRD, DSE considered that information obligations, e.g. the model withdrawal form to be done in paper, should be updated. To this effect, DSE suggested the amendment of the 2014 CRD implementing guidance document.  

DSE also reaffirmed its support for the EC’s efforts to fully harmonise rules for sales contracts across the EU if rules are to be balanced and proportionate for both consumers and sellers.  

DSE looks forward to the Commission's report on the results of the REFIT, expected to be announced on the 2nd quarter 2017.

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