Written answers

Tuesday, 6 July 2010

Department of Enterprise, Trade and Innovation

Consumer Protection

10:00 am

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

Question 112: To ask the Minister for Enterprise, Trade and Innovation his views on the recent proposals by the EU Commission concerning the consumer rights directive, in particular the proposal to adopt a mixed harmonised approach distinguishing between contracts concluded face to face and, on the other hand, contracts concluded at a distance and off premises; if his attention has been drawn to the concerns of consumer groups regarding such proposals; and if he will make a statement on the matter. [29457/10]

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)
Link to this: Individually | In context

I would like first to clarify that there has been no formal proposal from the European Commission for a mixed harmonisation approach to the proposed Consumer Rights Directive under which a distinction would be made between, on the one hand, on-premises contracts and, on the other, distance and off-premises contracts.

In an address to the European Consumer Day Conference on 15 March 2010, Vice-President Viviane Reding, who took over responsibility for the proposed Directive in February 2010, acknowledged the concerns among member states, consumer organisations and members of the European Parliament that full harmonisation of all aspects of the proposal might reduce the level of consumer protection in some member states and curtail the ability of national legislatures to react quickly and appropriately to new market developments. She indicated that, in the light of these concerns, she would look at whether the level of harmonisation in the proposed Directive was sufficiently targeted towards those issues that would have most benefit from a Single Market point of view. She added that 'a possibility' in this context 'could be to go for fully harmonised rules on distance contracts and allow diverging national rules for face-to-face contracts.'

While Vice-President Reding has restated her willingness to take a flexible approach to future discussions on the proposed Directive, her more recent remarks have signalled something of a shift from the previous suggestion that different levels of harmonisation might apply to different types of contracts. In an address to the 2nd Consumer Rights Forum on 2 June 2010, she stated that a distinction between distance and off-premises contracts on the one hand and on-premises contracts on the other was 'less helpful' in the areas of remedies and guarantees for faulty goods and of unfair contract terms. In the area of pre-contractual information requirements for consumers, she appeared to suggest that the proposed Directive might retain fully harmonised rules for distance and off-premises contracts as these were the types of transaction for which the single market case was strongest. In the case of information requirements for on-premises contracts, however, it 'could be appropriate to allow Member States to keep their current rules' rather than to have Community rules that would apply on a minimum harmonisation basis.

The comments and suggestions from Vice-President Reding should be viewed in the context of the fluid and complex character of the discussions and perspectives on the proposed Directive. If agreement is to be reached on the proposal, all sides will have to show flexibility and a willingness to consider new approaches while upholding a commitment to the maintenance of a high level of consumer protection.

I am not aware of any specific concerns expressed by consumer groups at suggestions that a mixed harmonisation approach might be taken to the proposed Directive. As consumer groups had previously expressed concern at the across-the-board application of full harmonisation to the proposal, it is not implausible that some may have taken encouragement from the signs of greater flexibility on the issue.

Comments

No comments

Log in or join to post a public comment.