EU REGULATION - The Finnish EU Presidency will discuss Consumer Law this autumn CONSUMER LAW MATTERS UNDER DISCUSSION DURING FINNISH EU PRESIDENCY (from Finnish Consumer Ombudsman Newsletter 7/2006) One forum that is concentrating on consumer issues during the Finnish Presidency of the EU is the Competitiveness Council, which is part of the European Council. The Competitiveness Council will meet twice this autumn, on 25 September and 5 December. Probable items on the agenda include the approval of the EU's consumer policy programme for 2007-2013, the reform of the Consumer Credit Directive and the harmonization of European contract law. Various other projects in the field of consumer law are also under way this autumn. Below are progress reports on key EU projects. EU'S CONSUMER POLICY PROGRAMME Last May the Commission submitted an amended proposal which the Council is expected to approve this autumn. Then the Commission can get to work preparing a more concrete action programme for the coming years. Attention has been drawn to improving consumer protection legislation and better enforcement, monitoring and redress (click on link “Consumer Policy: Programme proposal 2007-2013” below for additional information) CONSUMER CREDIT DIRECTIVE The present Consumer Credit Directive was approved in 1987 and amended in 1990 and 1998. In 2002 the Commission issued a proposal that is aimed at the full harmonization of legislation in this area. The proposal stimulated numerous questions and the Commission issued an amended proposal about a year ago. This has been discussed in a Council working group this year and the goal is to reach a consensus by December. The co-decision procedure with the European Parliament is likely to continue next year. Matters being discussed include calculating the annual percentage rate of charge, the content of the right to withdraw from a contract and the right to pay off credit early. Full harmonization is also a challenge, because there are big differences between the financial markets in different countries. Setting minimum requirements could have advantages in this situation, since it would allow the member states to search for new solutions to solve problems that may not have arisen in all the member states. Instant loans that can be arranged with a text message in Finland are a good example. (Click on link below for the important issues for consumers). HARMONIZING EUROPEAN CONTRACT LAW AND CONSUMER PROTECTION DIRECTIVES The Commission wants to harmonize European contract law and create a Common Frame of Reference (CFR) for it. The intention is to harmonize consumer protection directives at the same time. When the Common Frame of Reference is ready, the Council will issue its conclusion, after which the reform of existing directives can begin. The Timeshare Directive and the Package Travel Directive need to be updated, among others. It is a good thing if directives that were written at different times and in some respects are contradictory can be updated and harmonized. Finland has good experience of general provisions, which can be flexibly supplemented with standard contract terms and the Consumer Ombudsman's guidelines in different fields. If full harmonization is chosen as the approach, the objective should be the level in the "best member state". A good level of consumer protection is a competitive edge for businesses, not an obstacle. ENSURING THE IMPLEMENTATION OF THE REGULATION ON CONSUMER PROTECTION COOPERATION During its Presidency Finland is striving to ensure that the Regulation on cooperation between national authorities responsible for the enforcement of consumer protection laws, which will come into force next year, works in practice. The member states will begin exchanging information on enforcement measures so that illegal activities can be halted throughout the single market. Some member states have been slack in preparing the implementation of the regulation. OTHER PROJECTS Consumer trade is regulated in different sectors by different DGs. Key principles regarding consumer trade are not taken into consideration consistently, however, which means they are not recognized or they are not always valued. As a result there are contradictory provisions in different sectors, and applying these in actual situations is difficult for businesses and consumer protection authorities alike. Projects influencing consumers' position include the following: • The Television Without Frontiers Directive, which is aimed at modernizing advertising rules. The difficult thing is that the concept of commercial communications is still unclear in the proposal, as well as the recognisability of advertising and the position of minors. • The Services Directive. The effects of the directive on the position of workers have been discussed a great deal, but the effects on consumers/customers have not received as much attention. These should be analysed and evaluated. The entry into force of the Services Directive will in all probability also change service markets from consumers' viewpoint and may present new challenges for authorities monitoring product safety, marketing, contract terms, redress, and debt collection. Consumers will receive new options but the need to guide foreign businesses so that they comply with the target country's consumer law practices in their activities and customer service will become more important. CONSUMER ORGANIZATIONS' WISHES The European Consumers' Organization (BEUC) prepares a semi-annual memorandum addressed to the country taking over the Presidency of the European Union. The BEUC presented its views and concerns to Minister of Trade and Industry Mauri Pekkarinen in June. In addition to the subjects mentioned above it drew attention to the Single Payment Area project, the REACH Chemicals Directive, digital rights management (DRM) and food marketing aimed at children (preventing obesity). All these involve significant consumer effects and interests. The BEUC's views and explanations are presented in the BEUC Memorandum for the Finnish Presidency, http://www.beuc.org ID: 38652 Autor(en): iff Erscheinungsdatum: 02.10.06     URL(s): Finnish Consumer Ombudsman's Newsletter 7/2006 Suggested reform of CCD BEUC memo to Finnish Presidency

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Erzeugt: 05.10.06. Letzte Änderung: 05.10.06.
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