Consumer Rights Directive will have minimal effect on UK consumers
The introduction of updated EU consumer law has come a step closer, following the European Parliament's approval of the new EU Consumer Rights Directive.
Viviane Reding, the EU's Justice Commissioner said: "The Consumer Rights Directive will bring tangible benefits to consumers and businesses. The current rules are fragmented, preventing citizens and businesses from taking full advantage of our Single Market."
It has been a struggle to introduce proposals for harmonised consumer protection across member states. It was a rocky ride for the previous Consumer Rights Directive, proposed in 2008 by the Commission.
It was deeply disliked by countries such as the UK and Finland, which already have strong consumer laws. These countries fought bitterly to block the directive because many of the proposals would have seriously weakened their national consumer laws.
The Commission finally conceded defeat and the original directive was dropped last year. It has now been updated and the directive's controversial clauses, such as removing the right to reject faulty goods held by UK consumers under the UK Sale of Goods Act, and replacing this with a repair only option have been dropped.
In the UK the only effect the new directive will have on UK consumer law is with the Distance Selling Regulations and Doorstep Selling. The changes to the DSRs are also minimal.
An updated cooling-off period of 14 days will be introduced which requires the consumer to return the goods within that time. Currently in the UK, consumers have seven working days starting the day after delivery to inform a retailer but they do not have to return goods within that period.
The new directive will also outlaw pre-ticked boxes on websites, which often catch people out with hidden charges or unwanted subscriptions.
The next step is for the European Parliament's rapporteurs and shadow rapporteurs dealing with the legislation to begin negotiations with the Council of Ministers and the Commission.
"Parliament rapporteurs, Andreas Schwab and Diana Wallis, have done a great job in moving the draft law forward in a balanced manner. I am confident that by working together we can deliver this as soon as possible," said Reding.
Although MEPs will still be making amendments to fine tune the directive, ensuring that certain rights remain or are made clear, if agreement is reached, a final vote to approve the legislation in Parliament could be held in June or July.
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Cooling-off period...
You've got the cooling-off period a bit wrong. The consumer has 14 days to give notice that they are exercising their right of withdrawal... then a further 14 days following their notice of withdrawal within which to return the goods...
Posted by Bob, 31 Mar 2011