Parliament will seek agreement with the Council on Directive for online consumer protection
During the European Parliament plenary session held in Brussels between 23 and 24 March, MEPs introduced a series of amendments to Commission's proposal for a Directive protecting online consumers rights. MEPs backed a series of new rules to protect online shoppers and boost consumer confidence in buying in other Member States, and decided to postpone their final position with a view to reaching an agreement with the Council.
The text amended by the European Parliament Plenary on the proposal for a Directive on consumer rights, lays down that the seller must provide the consumer with all the information about the product features, its price and any additional shipping expense. It also strengthens consumer rights about refunds, repairs and guarantees as well as unfair contract terms. Moreover, the legislation seeks to reduce the administrative procedures which discourage businesses, especially SMEs, to sell in other countries and boost Internet sales.
What is perhaps the most significant element of the new legislation, is the 14-day EU-wide withdrawal period for distance and off-premises sales, during which consumers can change their minds and return the product without penalty or need to give any reason for withdrawal. These 14 days represent a ceiling, so that EU countries could not provide more days in their legislation. Until now, the minimum period in the European Union was seven days. Among the amendments introduced by the Parliament, MPEs have proposed that if the seller does not adequately inform consumers about their rights to return goods, the deadline of 14 days should be automatically extended to 12 months, against the 3 month extension suggested by the Council who reached a position on the text by the end of January 2011.
Among the amendments to the text of the Directive on consumer rights, MEPs proposed to exclude from the scope of the text health care services, that is to say health services provided by health professionals to patients to assess, maintain or restore their health. They also excluded, gambling activities, including lotteries and betting for which Commission is currently consulting over the need for future regulation. The Parliament considers that their particular characteristics make Member States have to adopt different measures.
The new rules aim to close a gap in existing EU legislation, by extending the consumer's right of withdrawal to home party sales and on-line auctions. However, auction purchases may be returned only if they were bought from a professional seller, not from a private person.
Further to the introduction of the amendments, the European Parliament has postponed the final vote for the amended text to try to reach an agreement with Member States and seek the necessary support for the proposal.