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In the past week, both the Social Democrats and the Conservatives invited to a hearing on the Consumer Rights Directive. At the centre of the debate is the question to which extent the planned regulations should be harmonised throughout Europe. After the original proposal of the Commission had been extensively criticised, the new Commissioner for Consumer Affairs, Viviane Reding has now signalled her willingness to engage in discussion. The previously aimed at full harmonisation, which would have meant a deterioration in consumer protection for many EU countries – including Austria – seems to be off the agenda.

There is broad consensus between rapporteur Andreas Schwab of the European People’s Party and Commissioner Reding that only those sectors of the Directive should be fully harmonised, which signal broad agreement. This concerns, for example, the standardisation of the definition of terms or a uniform cancellation period for sales agreements, which are concluded outside business premises. In addition, it is planned to introduce standardised cancellation forms. Minimum harmonisation shall apply to other areas, for example the structure of sales agreements. This means that certain minimum requirements will be determined, on the basis of which national states can implement additional regulations of their own.

The opinions of consumer organisations and representatives of industry concerning the discussion on the Directive’s area of application differ. The European Consumer Organisation BEUC, for example, comes out in favour of a combination of full harmonisation and minimum standards. This would prevent consumers from being worse off and nevertheless result in important harmonisation in certain areas. In contrast, the enthusiasm of representatives of the business lobby is muted. They would have preferred full harmonisation throughout over a model of minimum standards. AK EUROPA will continue to use its influence in Brussels to ensure that consumers are not disadvantaged by this legislation.  

Further information:

AK position paper on the Reform of Consumer Rights in Europe – Impact on Consumers in Austria (only available in German)