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EC Consumer Policy Review (Review of the Consumer Acquis)

On Wednesday 8 October the Commission published a proposal for a new Consumer Rights Directive. This framework Directive marks the biggest output so far of the ongoing 'review of the consumer acquis'. The Consumer Rights Directive would repeal four existing European consumer Directives; the Doorstep Selling Directive (85/577/EEC), the Unfair Terms in Consumer Contracts Directive (93/13/EEC), the Distance Selling Directive (97/7/EC) and the Consumer Sales and Guarantees Directive (1999/44/EC); and replace them with a single horizontal Directive.

An Impact Assessment has also been produced and we attach links to the relevant documents, including the text of the new Directive.

http://ec.europa.eu/consumers/rights/cons_acquis_en.htm

On Monday 10 November 2008 BERR published a consultation on the EU proposals for a Consumer Rights Directive. The consultation closed on Monday 2 February 2009.

Please contact euconsumerdirective@bis.gsi.gov.uk or Katherine Stoate on 0207 215 1938 if you have any queries about the new Directive or the wider Review of the Consumer Acquis.

Review of the Consumer Acquis

The review is intended to simplify and modernise consumer laws, achieve better regulation and increase consumers’ confidence in the single market.

The eight directives that make up the Consumer Acquis are:

• Doorstep selling 85/577/EEC
• Package Travel 90/314/EEC
• Unfair Contract Terms 93/13/EEC
• Timeshare 94/47/EC
• Distance Selling 97/7/EC
• Unit Prices 98/6/EC
• Injunctions 98/27/EC
• Sale of Goods and Associated Guarantees 99/44/EC

Green Paper

The EU Commission published a Green Paper in February 2007 setting out various options for reform of the Directives and suggesting areas that could be revised with a view to creating an improved framework for consumer protection and simplifying consumers’ rights and responsibilities when they shop across the EU.

UK Response

The UK's Government response to the Green Paper can be found by clicking the related documents link on the right. Further information about the review of the consumer acquis can be found at http://ec.europa.eu/consumers/rights/cons_acquis_en.htm

Please contact Guy Horsington on 020 7215 6621 or Katherine Stoate on 0207 215 1938 if you have any queries about the new Directive or the wider Review of the Consumer Acquis.

Retail Harmonisation Survey

The Consumer Rights Directive raises concerns that the existing rights UK consumers have to reject faulty goods may be lost.

BERR commissioned ICM to carry out a survey of UK retailers to understand better their redress preferences, particularly in the event that the Consumer Rights Directive were implemented as proposed, and how these preferences might diverge from those of consumers. The research provides insight into possible consumer detriment resulting from consumers not having the legal right to exercise their preferences and how competitive pressure might mitigate this.