The evaluations confirm that in general consumer law remains fit for purpose. When applied effectively, the existing rules tackle the problems that European consumers are facing today, also in online markets. However findings also point to the need to improve awareness, enforcement of the rules and redress opportunities to make the best of the existing legislation.
In addition, the evaluation shows targeted legislative changes to address certain identified shortcomings of the Directives could be beneficial. For example, in light of recent developments in the digital economy, one such change could be enhancing the transparency of online platforms. Another could be introducing EU-level rights to remedies (such as right to terminate the contract or to receive a refund of the price paid) for victims of unfair commercial practices, in view of the still relatively high occurrence of such practices.
Based on these evaluations of current EU consumer law, the Commission is currently assessing the need for possible changes in legislation. To this end the Commission
- published an "Inception Impact Assessment" outlining the scope and options for future legislative action;
- as part of its consultation strategy invites all stakeholders to participate in the online public consultation;
- and will prepare an impact assessment, and, if necessary, present a legislative proposal.
The Commission will undertake the following consultations for this Impact Assessment:
- Online public consultation of 14 weeks (June – October 2017). Questionnaires will be made available in 23 official EU languages with possibility to respond in any of the EU official languages;
- SME panel survey (July – September 2017);
- Structured discussions planned for meetings with Member States authorities in July, September and October and via specific surveys on national situations within DG JUST networks: Consumer Protection Network (CPN – national ministries); Consumer Protection Co-operation network (CPC – consumer protection enforcement authorities) and European Consumer Consultative Group (ECCG – national consumer associations);
- Continuation of the targeted consultation of the consumer and business organisations in the framework of the REFIT Stakeholder Consultation Group.
Documents published on 29 May 2017
Fitness check of consumer and marketing law:
- Executive summary of the report EN FR DE
- Report on the Fitness check of consumer and marketing law
Evaluation of the Consumer Rights Directive (CRD):
- Report from the Commission to the EP & the Council on the application of the CRD
- Executive summary of the staff working document on the CRD EN FR DE
- Commission staff working document on the CRD
Studies for the Fitness check of consumer and marketing law and evaluation of the Consumer Rights Directive:
- Study for the Fitness check of consumer and marketing law
- Study on the costs and benefits of the minimum harmonisation under the Consumer Sales and Guarantees Directive 1999/44/EC and of potential full harmonisation and alignment of EU rules for different sales channels
- Study on the costs and benefits of extending certain rights under the Consumer Sales and Guarantees Directive 1999/94/EC
- Consumer Market Study to support the Fitness Check of EU consumer and marketing law
- Study on the application of the Consumer Rights Directive: