EN Official Journal of the European Union CE 78/483

(2004/C 78 E/0505)

WRITTEN QUESTION E-3186/03

by Geoffrey Van Orden (PPE-DE) to the Commission

(27 October 2003)

Subject: Cross-border consumer goods transactions

What safeguards are in place for consumers who buy goods in a different EU country to their home country which then prove to be faulty and require replacement or refunding?

Are procedures in place for the speedy resolution of cross-border disputes over transactions of this kind?

If such procedures are in place, how can EU citizens access information about them?

Answer given by Mr Byrne on behalf of the Commission

(25 November 2003)

Consumer Protection legislation has been adopted at European level in order to provide consumers with the same degree of protection whether they purchase goods and services at home or in another Member State. By doing so, the Commission aims to build confidence and encourage consumers to take full advantage of the internal market.

The two main Directives to achieve this end are Directive 1999/44/EC of the Parliament and of the Council of 25 May 1999, on certain aspects of the sale of consumer goods and associated guarantees (1) and Directive 97/7/EC of the Parliament and of the Council of 20 May 1997, on the protection of consumers in respect of distance contracts (2).

Directive 1999/44/EC provides consumers with protection in the event that they have purchased defective goods or goods that are not in conformity with the terms of the contract. In these instances, consumers can request the repair of the goods, the delivery of new goods, a price reduction or a complete refund of their money if the lack of conformity becomes apparent within two years of taking delivery of the goods. The Directive also requires that commercial guarantees such as manufacturers' guarantees or retailers' guarantees be transparent and clearly drafted (3).

Directive 97/7/EC was introduced to provide a minimum level of consumer protection in respect of distance contracts. These are contracts between consumers and suppliers where there has been no face-to-face contact between the parties prior to entering into the contract. Contracts concluded by telephone, mail, fax, television, Internet and electronic mail are all examples of distance contracts within the meaning of the Directive. The Directive imposes certain information requirements on suppliers and gives consumers the right to withdraw from the distance contract within a cooling-off period of at least seven working days (4).

Although there are no set procedures for the speedy resolution of disputes over cross-border transactions, the Commission has set up, with the help of the Member States, two networks which have created mechanisms to help consumers enforce their rights.

Over the last 10 years, the European Consumer Centres network help European consumers better understand how the internal market works for them and provide assistance to consumers when they encounter problems with cross-border transactions. The European Consumer Centre will notably enter into contact with the trader to try to reach an amicable settlement. There are currently 15 European Consumer Centres established in 13 Member States.

The European Extra Judicial network was launched as a pilot phase in October 2001. 17 Clearing Houses established in each Member State, as well as Iceland and Norway provide dissatisfied consumers with information and support to introduce a case to an appropriate Alternative Dispute Resolution scheme in another country. They also help monitor the case.

The Commission is currently preparing a report reviewing the activities of the network and setting future perspectives for it. This report will be presented to the Parliament and the Council in due course.

Information about these procedures is directly available from the Commission's homepage (European Consumer Centres network (5) and the European Extra Judicial (6)).

(1) OJ L 171, 7.7.1999.

(2) OJ L 144, 4.6.1997.

(3) http://europa.eu.int/comm/consumers/cons_int/safe_shop/guarantees/index_en.htm

(4) http://europa.eu.int/comm/consumers/cons_int/safe_shop/dist_sell/index_en.htm

(5) http://europa.eu.int/comm/consumers/redress/compl/euroguichet/index_en.htm

(6) http://europa.eu.int/comm/consumers/redress/out_of_court/index_en.htm