Review of EU Consumer law (Fitness Check)
As part of its Smart Regulation policy the Commission runs a Regulatory Fitness and Performance Programme (REFIT). It aims to make EU law simpler and to reduce regulatory costs, thus contributing to a clear, stable and predictable regulatory framework.
This is a continuous process, affecting the whole policy cycle – from the design of a piece of legislation to implementation, enforcement, evaluation and, where justified, revision.
One of the REFIT actions is the ‘Fitness Check’ - a comprehensive policy evaluation aimed at assessing whether the regulatory framework for a particular policy sector is ‘fit for purpose’. Fitness Checks provide an evidence-based critical analysis of whether EU actions are proportionate to their objectives and delivering as expected in all EU policy areas.
The Commission has now begun a Fitness Check of EU Consumer and Marketing legislation which covers the following directives:
- Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market (Unfair Commercial Practices Directive);
- Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees (Sales and Guarantees Directive);
- Directive 93/13/EEC on unfair terms in consumer contracts (Unfair Contract Terms Directive).
- Directive 98/6/EC on consumer protection in the indication of the prices of products offered to consumers (Price Indication Directive);
- Directive 2006/114/EC concerning misleading and comparative advertising (Misleading and Comparative Advertising Directive);
- Directive 2009/22/EC on injunctions for the protection of consumers' interests (Injunctions Directive).
Aim & Scope
The 'Roadmap ' for the Fitness Check, defines the overall scope and aim of the exercise, and sets out a number of key questions that are to be addressed in relation to the Fitness Check criteria:
Stakeholders have the possibility to give their feedback on Roadmaps published by the European Commission.
Timeframe for the Fitness Check (indicative)
-- 2016 --
||Publication of the Roadmap|
||Launch of contracts to assist the Commission in the gathering and assessment of relevant information and evidence for the Fitness Check|
||12 week public internet consultation.|
||Call for applications to the Stakeholder Consultation Group for the Fitness Check of EU consumer and marketing law|
||Structured evidence gathering consultation with all Member States and key stakeholder groups|
||The 2016 EU Consumer summit dedicated to the Fitness Check|
-- 2017 --
||Finalisation of the external studies supporting the Fitness Check.|
||Publication of Commission report on the results of the Fitness Check.|
Organizations which provided their feedback on the Roadmap:
- The Federation of Finnish Enterprises
- Cyprus Consumers' Association
- Ecommerce Europe
- Austrian Bundesarbeitskammer (English version)
- NEON (National energy ombudsmen network)
- ETNO (European Telecommunications Network Operators' Association
- Association of European Radios