The event was organised together with CEBRE – Czech Business Representation to the EU in Brussels, and focused on the follow-up actions of the Fitness check of EU consumer and marketing legislation published at the end of May.

Current EU Consumer and Marketing law is largely fit for purpose, but it has to be properly enforced and applied. However, there is still some room for improvement. Digitalization, new business models and increase in online retail trade are among elements that stress the need for targeted legislative changes. For instance, many consumers are uncertain about whether they enter into B2C or C2C contracts on online marketplaces. These challenges to EU consumer rights were discussed at a seminar held at the Czech Permanent Representation on 25th September 2017.

In May, the European Commission published its Reports of the Fitness Check on EU Consumer and Marketing Law and Evaluation of Consumer Rights Directive. The exercise pointed out the need for more transparency on online marketplaces, extension of consumer rights to contracts for "free" digital services, individual remedies in the area of unfair commercial practices, more effective and deterrent penalties and simplification of some rules on pre-contractual information and withdrawal right.

“The REFIT exercise is probably the biggest evaluation of Consumer legislation since the Green Paper on the Review of Consumer Acquis back in 2007. Its goal is to find out whether the current legislation is still appropriate, whether there are gaps, and whether the rules are known well enough and are enforced properly”, says Jaroslav Zajíček, Czech Permanent Representative to COREPER I. 

The speakers from different institutions and stakeholder groups diverge in opinions on the remedies and sanctions, however they agree on the need for providing better information to consumers. They also agree that awareness and education among consumers but also businesses is crucial in order to increase the trust in EU consumer legislation. In this respect, soft legal instruments seem to be helpful tools. The European Commission is preparing a guidance on unfair contract terms directive as well as self-regulatory project on better presentation of consumer information. Targeted legislative amendments of Consumer legislation will be tabled by the Commission at the beginning of 2018 on the basis of the inception impact assessment and public consultation which runs until October 8, 2017.

 
SEMINAR PROGRAMME:

Welcome speech
Jaroslav Zajíček, Permanent Representative of the Czech Republic to COREPER I
 
Keynote speech
Eduard Hulicius, Member of Cabinet of Commissioner Věra Jourová
 
Panel discussion
Veronica Manfredi, Head of Unit for Consumer and Marketing Law, DG Justice and Consumers, European Commission
 
Olga Sehnalová, MEP, Member of IMCO Committee, European Parliament
 
Thea Palm, Head of Product Safety and Consumer Protection Division, Ministry of Economic Affairs and Communications, Estonia
 
Ursula Pachl, Deputy Director General, BEUC
 
Pedro Oliveira, Senior Adviser, Legal Affairs Department, BusinessEurope
 
Moderator: Alena Mastantuono, Director, CEBRE – Czech Business Representation to the EU in Brussels
 
Closing remarks
Ben Butters, Policy Director, EUROCHAMBRES