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Q
& A
Questions
and answers on the proposed
Unfair Commercial Practices
Directive
, 18 June 2003
What
will the Directive do in
practice?
Studies/reports
The
history
Official
documents
Follow-up
Communication to Green
Paper
Working
Group of National Experts
Green
paper on EU Consumer
protection
Studies/reports
The History
On 18 June 2003 the
Commission adopted a proposal
for a Directive on Unfair
Commercial Practices. The aim
of the Directive is to make
consumers' rights clearer and
cross-border trade simpler.
Common rules and principles
will give consumers the same
protection against sharp
business practices and rogue
traders whether they buy from
the shop on the corner or
from a website in another
country. Businesses will be
able to advertise and market
to all 380 million consumers
in the EU in the same way as
to their domestic customers.
The existing multiple volumes
of national rules and court
rulings on commercial
practices will be replaced
with a single set of common
rules.
The adoption of the
proposal for a Directive on
Unfair Commercial Practices
follows on from the
Commission's 2001 Green Paper
on EU Consumer Protection and
the 2002 Follow-up to the
Green Paper. This
consultation process, which
included an Extended Impact
Assessment, concluded that a
Directive harmonising EU
Member State's rules on
unfair commercial practices
was the best policy option.
The Council of
Ministers first discussed the
proposal at the November 2003
Competitiveness Council. The
Commission has since
applauded a successful first
reading of the proposal after
the adoption by the European
Parliament, on 20 April 2004,
of its legislative resolution
on the Unfair Commercial
Practices Directive followed
by a political agreement
reached by the
Competitiveness Council on 18
May 2004 and a common
position agreed on 15
November 2004. The Commission
adopted a Communication on
the common position and this
was transmitted to the
European Parliament.
On 24 February 2005
the European Parliament
adopted amendments to the
Common Position. The
Commission adopted a
favourable Opinion on the
European Parliament's
amendments. The amendments
were endorsed by the Council
of Ministers in the
Competitiveness Council
meeting on 7 March.
Commissioner Kyprianou
welcomed the first full
harmonisation directive in
the consumer protection area:
"The Unfair Commercial
Practices Directive will mark
a major step forward for
consumers, business and the
overall EU competitiveness.
The Commission will take a
proactive approach and work
closely with the Member
States in order to achieve
uniform implementation and
application. In doing so, we
will of course also include
all those who will be
directly affected by this new
law, both consumers and
businesses." The Directive
was published in the OJ on 11
June 2005.
Official Documents
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