Written answers

Tuesday, 2 May 2017

Department of Jobs, Enterprise and Innovation

EU Directives

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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1416. To ask the Minister for Jobs, Enterprise and Innovation if she will report the implementation of the 1993 EU Directive on Unfair Terms Consumer Contracts here and its transposition into law; and if she will make a statement on the matter. [19961/17]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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Directive 93/13/EEC on Unfair Terms in Consumer Contracts was given effect by the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (S.I. No. 27/1995), the "Principal Regulations".

The Directive has since been given further effect by the following enactments:

the European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2000 (S.I. No. 307/2000) provide that consumer organisations set up for the purpose of protecting consumer rights may apply for a court order under the Principal Regulations;

section 94 of the Consumer Protection Act 2007 (No. 19 of 2007) give the Central Bank enforcement powers under the Principal Regulations in respect of financial services provided by a regulated financial service provider;  

section 21 of the Arbitration Act 2010 (No. 1 of 2010) provides that an arbitration agreement to which one of the parties is a consumer and a term of which provides that each party shall bear his or her own costs shall be deemed to be an unfair term for the purposes of the Principal Regulations;

the European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2013 (S.I. No. 160/2013) extend the civil remedies available under the Principal Regulations;

the European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2014 (S.I. No. 336/2014) give the Commission for Communications Regulation enforcement powers under the Principal Regulations in respect of providers of electronic communications networks or services or associated facilities and of premium rate service providers.

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