COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE A New Deal for Consumers
Date: 2018-04-11
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: administrative cooperation, consumer goods, consumer information, consumer law, consumer policy, indemnification, international cooperation, product quality, single market

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 11.4.2018 COM(2018) 183 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE A New Deal for Consumers  
 
 
1. INTRODUCTION 

1.1.  Building a fair Single Market for consumers and businesses 

Since  1987,  the  EU  has  had  the  strictest  rules  on  consumer  protection  in  the  world,  with  a 
comprehensive  set  of  consumer  rights  in  place  today.  Consumer  expenditure  accounts  for  
56 % of EU GDP1. A healthy consumer environment is a key factor for economic growth2.  

The rights the EU has put in place for consumers give predictability and confidence both to 
citizens  and  businesses,  and  include  the  right  to  safe  products,  the  right  to  return  a  product 
bought  online  within  14  days  and  the  right  to  have  a  product  repaired  or  replaced  within  a 
guarantee period. These are just some of the tangible rights that make a difference to people's 
lives every day. 

European  consumer  policy  has  delivered  real  benefits  through  major  pieces  of  legislation 
governing passenger rights, consumer rights, unfair commercial practices and unfair contract 
terms.  This  has  given  both  European  citizens  and  businesses  a  high  level  of  protection  and 
certainty, but the marketplace is changing fast. 

To build on this success, and to address the challenges of the new and evolving marketplace, 
President Juncker re-organised the Commission to give a more prominent place to consumer 
policy3. Since the beginning of its mandate in 2014, this Commission has delivered over 80 % 
of the proposals needed to address the ten priority areas set out in President Juncker's political 
guidelines4. Consumer interests have been a central theme in several Commission initiatives, 
such  as  the  Digital  Single  Market  strategy  which  brought  about  legislation  to  end  mobile 
phone and data roaming charges as of 15 June 20175 and ban unjustified geoblocking so that 
consumers  can  access  or  purchase  products  or  services  from  a  website  based  in  another 
Member State as of 3 December 20186; and ensure cross-border portability of online content 
services as of 1 April 20187. As part of the energy union and climate policy, agreement has 
been  reached  on  the  Commission's  proposals  to  reinforce  consumer  rights  in  the  energy 
market8  and  on  a  new  emissions  and  fuel  consumption  test  for  cars9.  Moreover,  on  1  July 
2018, modernised rules on package holidays will come into application10.  

1    Eurostat,  GDP  and  main  components  (output,  expenditure  and  income)  [nama_10_gdp],  P31_S14_S15.    

Household and NPISH final consumption expenditure. 

2   Data from the Commission's Consumer Scoreboards show a consistently positive relation between consumer 

conditions and the economic situation in different Member States. 
3   Press release, http://europa.eu/rapid/press-release_IP-14-984_en.htm  
4   Commission  Work 
Programme 

2018, 
https://ec.europa.eu/commission/publications/president-junckers-political-guidelines_en. 

https://ec.europa.eu/info/sites/info/files/cwp_2018_en.pdf; 

5   https://ec.europa.eu/digital-single-market/en/news/end-roaming-charges-travellers-european-union. 
6   https://ec.europa.eu/digital-single-market/en/news/eu-negotiators-agreed-end-unjustified-geoblocking. 
7   https://ec.europa.eu/digital-single-market/en/cross-border-portability-online-content-services. 
8   E.g.  Communication  on  Delivering  a  New  Deal  for  Energy  Consumers,  COM(2015)  339  final,  http://eur-
lex.europa.eu/legal-content/en/TXT/?uri=CELEX:52015DC0339;  proposal  for  a  new  Energy  Directive, 
COM(2016) 864 final, http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2016:0864:FIN. 

9   https://ec.europa.eu/growth/sectors/automotive/environment-protection/emissions_en; 

https://ec.europa.eu/clima/sites/clima/files/transport/vehicles/cars/docs/faq_wltp_correlation_en.pdf.  
10   https://ec.europa.eu/info/law/law-topic/consumers/travel-and-timeshare-law/package-travel-directive_en. 

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In addition, negotiations between the European Parliament, the Council and the Commission 
are ongoing on the digital contracts proposals, a central element of the Digital Single Market 
strategy aiming to modernise consumer contract rules for the supply of digital content11 and 
for  the  sale  of  goods12.  Considering  the  importance  of  these  proposals  in  order  to  provide 
consumers  with  clear  and  effective  rights  when  accessing  digital  content  and  to  ensure  that 
both  consumers  and  businesses  can  rely  on  uniform  and  effective  rules  across  Europe,  the 
Commission calls on the European Parliament and the Council to ensure the rapid adoption of 
these proposals which are highlighted in the Joint Declaration on legislative priorities agreed 
by the Presidents of all three institutions.  

Other  Commission  proposals  will also  contribute  to  a  high  level  of  consumer  protection.  In 
particular,  the  2008  proposal  for  an  Equal  Treatment  Directive,  which  among  other  things 
aims at ensuring equal access to goods and services regardless of religion or belief, disability, 
age  or  sexual  orientation,  could  have  a  significant  impact13.  Furthermore,  the  European 
Accessibility Act, proposed by the Commission in 2015, will make a wide range of products 
and services more accessible for consumers with disabilities14. The Commission calls on the 
European Parliament and the Council to quickly reach agreement on this important proposal 
and,  once  adopted,  intends  to  present  a  proposal  to  include the  Accessibility  Act  within the 
scope of the proposed Directive on representative actions15. 

As  a  result  of  the  Commission's  work,  conditions  for  consumers  have  improved  across  the 
EU16  and  businesses  have  benefited  from  'one-stop-shop'  enforcement  activities  on  certain 
issues  (e.g.  in-app  purchases  in  online  games,  car  rental,  or  illegal  content  on  social  media 
platforms17). 

But  consumer  policy  challenges  remain.  Recent  large-scale  abusive  practices  affecting 
consumers across the EU have undermined consumer trust in the Single Market. These large-
scale events include 'Dieselgate' (where certain car manufacturers installed technology in cars 
to  cheat  emission  tests)  and  widespread  use  by  banks  of  unfair  contract  terms  in  mortgage 
contracts18. These events have also sparked a debate about whether the EU has strong enough 

11   http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1450431933547&uri=CELEX:52015PC0634.  
12   http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2017%3A637%3AFIN.  
13   Proposal  for  a  Council  Directive  on  implementing  the  principle  of  equal  treatment  between  persons 
irrespective  of  religion  or  belief,  disability,  age  or  sexual  orientation,  COM/2008/0426  final  of  2.7.2008: 
http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A52008PC0426.   

14   Proposal  for  a  Directive  of  the  European  Parliament  and of  the  Council  on  the  approximation  of  the  laws, 
regulations and administrative provisions of the Member States as regards the accessibility requirements for 
2015/0278(COD), 
615 
COM(2015) 
products 
http://ec.europa.eu/social/main.jsp?catId=1202. 

2.12.2015, 

services, 

final 

and 

of 

15   See below at the end of section 1.2. 
16   http://ec.europa.eu/newsroom/just/item-detail.cfm?item_id=117250.  
17   https://ec.europa.eu/info/live-work-travel-eu/consumers/enforcement-consumer-protection/coordinated-

enforcement_en; http://europa.eu/rapid/press-release_IP-18-761_en.htm.  

18    In  this  area,  Directive  2014/17/EU  of  the  European  Parliament  and  of  the  Council  of  4  February  2014  on   
credit  agreements  for  consumers  relating  to  residential  immovable  property  and  amending  Directives 
2008/48/EC  and  2013/36/EU  and  Regulation  (EU)  No  1093/2010  is  applicable  to  mortgage  contracts 
concluded as from 21 March 2016. Amongst other aspects, it requires lenders to provide clear and detailed 
information on loan conditions to consumers and provides the consumers with the right to repay credit earlier 
information:  https://ec.europa.eu/info/business-economy-
than  determined 

in  a  contract.  For  more 

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mechanisms in place to handle such issues, namely to effectively enforce consumer protection 
rules  and  provide  redress  to  harmed  consumers.  Moreover,  the  issue  of  the  different 
composition or characteristics of the same products sold in different parts of the Single market 
has also emerged as a source of concern in several Member States.  

The  need  to  modernise  some  consumer  protection  rules  and  strengthen  the  level  of 
compliance has  been  confirmed by  a large-scale evaluation of rules  on consumer protection 
finalised  by  the  Commission  in  2017  (REFIT  'Fitness  Check'19,  Consumer  Rights  Directive 
evaluation20).  The  evaluation  concluded  that  EU  consumer  protection  rules  have  helped  the 
operation of the Single market and provided a high level of consumer protection. They are fit 
for  purpose  overall  but  must  be  better  applied  and  enforced.  The  evaluation  also  identified 
areas where EU consumer law could be updated and improved.  

The report on the Commission Recommendation on collective redress, which was adopted in 
January  201821,  supports  the  findings  of  the  2017  evaluation.  It  concluded  that  existing 
individual  redress  mechanisms  are  not  sufficient  in  'mass  harm  situations'  affecting  large 
numbers of consumers in the EU.  

These  findings  cannot  be  ignored.  The  EU  must  find  answers  to  new  consumer  policy 
challenges whilst ensuring a fair Single market for both consumers and businesses. 

1.2 

Completing a 'New Deal for Consumers' 

The  package  of  measures  presented  in  and  with  this  Communication  seeks  to  address  these 
challenges and thus completes the delivery of the 'New Deal for Consumers' as promised by 
the Juncker Commission, ensuring a fair Single market for both consumers and businesses for 
the years to come. 

Better enforcement of the rules, effective tools for redress and better consumer knowledge of 
their  rights  will  enhance  consumer  trust  and  confidence.  This  will  benefit  the  European 
economy  given  the  importance  of  consumer  expenditure  in  maintaining  a  sustainable 
economic model.   

The 'New Deal for Consumers' builds on the existing consumer policy framework and takes it 
a  step  further  by  proposing  modern  rules  fit  for  today's  changing  markets  and  business 
practices, stronger public and private enforcement tools and better redress opportunities. 

In practice, the 'New Deal for Consumers' aims to: 

  modernise existing rules and fill the gaps in the current the consumer acquis;  

euro/banking-and-finance/consumer-finance-and-payments/consumer-financial-services/credit/mortgage-
credit_en.  

19   Commission  Staff Working Document  -  Report  on  the Fitness  Check  of  EU  consumer  and  marketing  law, 
SWD(2017)209  of  23.5.2017,  carried  out  in  the  framework  of  the  Commission's  Regulatory  Fitness  and 
Performance (REFIT) programme.    

20   Report  from  the  Commission  to  the  European  Parliament  and  the  Council  on  the  application  of  Directive 
2011/83/EU on consumer rights, COM(2017)259 of 23.5.2017; Commission Staff Working Document on the 
evaluation of the Consumer Rights Directive, SWD(2017)169 of 23.5.2017. 

21   Report  on  the  implementation  of  the  2013  Recommendation  on  collective  redress,  COM(2018)40  of 

25.1.2018.  

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  provide better redress opportunities for consumers, support effective enforcement and 

greater cooperation of public authorities in a fair and safe Single market; 

 

increase cooperation with partner countries outside the EU;  

  ensure equal treatment of consumers in the Single market and guarantee that national 
competent  authorities  are  empowered  to  tackle  any  problems  with  'dual  quality'  of 
consumer products;  

 

 

improve  communication  and  capacity-building  to  make  consumers  better  aware  of 
their rights and help traders, especially small and medium-sized enterprises, to comply 
more easily with their obligations; 

look  at  future  challenges  for  consumer  policy  in  a  fast  evolving  economic  and 
technological environment. 

To achieve the above goals, the 'New Deal for Consumers' proposes changes to the legislative 
framework  complemented  by  a  set  of  non-legislative  actions,  as  set  out 
this 
in 
Communication. The legislative package is composed of the following two instruments: 

  proposal  for  a  Directive  amending  Council  Directive  93/13/EEC,  Directive  98/6/EC, 
Directive  2005/29/EC  and  Directive  2011/83  as  regards  better  enforcement  and 
modernisation of EU consumer protection rules22; 

  proposal for a Directive on representative actions  for the protection of the  collective 
interests of consumers  and repealing Directive 2009/22/EC. This  proposal intends to 
facilitate  redress  for  consumers  where  many  consumers  are  victims  of  the  same 
infringement, in a so-called mass harm situation23.  

2. MODERNISING THE CONSUMER ACQUIS 

The evidence collected by the Commission shows that there are consumer rules that should be 
modernised to respond to current challenges. The objective of the 'New Deal for Consumers' 
is to achieve this through the following measures: 

  New tools for consumers – individual remedies. Consumers should have the right to 
individual  remedies  (e.g.  financial  compensation)  when  they  are  harmed  by  unfair 
commercial practices. Today, EU law does not provide for clear and sufficient means 
to  eliminate  the  negative  effects  of  such  a  practice.  For  example,  should  a  new 
'Dieselgate'-type  scandal  happen,  consumers  would  have  remedies  in  case  of 
misleading advertising. 

  More transparency for consumers in online marketplaces. Today, when consumers 
visit  an  online  marketplace24,  they  do  not  always  know  from  whom  they  are  buying 
(from  a  professional  trader  or  another  consumer).  Many  consumers  are  under  the 

22   COM(2018) 185. 
23   COM(2018) 184. 
24   An online marketplace is a type of e-commerce website where product or service information is provided by 

multiple third parties. 

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impression that they are buying from the online marketplace and are thus entering into 
a contract with that platform. In reality, they may most often be buying from a third-
party  supplier  listed  on  the  online  marketplace.  As  a  result,  consumers  may  falsely 
think  they  are  dealing  with  a  professional  trader  (hence  benefitting  from  consumer 
rights25). This confusion can cause problems if something goes wrong with an online 
purchase, because it is not always easy to establish who is responsible for any faults. 
This diminishes the possibility of obtaining a remedy. 

The proposed new rules will require online marketplaces to clearly inform consumers 
about  the  identity  of  the  party  with  whom  they  are  concluding  a  contract  (is  it  a 
professional trader or an individual?). The Commission also proposes to clarify that all 
online  platforms  must  clearly  distinguish  search  results  based  on  payments  received 
from other traders from 'natural' search results, and online marketplaces should inform 
about  the  main  parameters  determining  ranking  of  the  offers26.  This  will  increase 
transparency in online marketplaces. 

  Extending  protection  of  consumers  to  'free  services'.  Another  gap  in  consumer 
protection occurs in 'free' digital services for which consumers provide their personal 
data, instead of paying with money. These 'free' services include cloud storage, social 
media  and  email  accounts.  Given  the  increasing  economic  value  of  personal  data, 
those  services  cannot  be  regarded  as  simply  'free'.  Consumers  should  therefore  have 
the same right  to  pre-contractual information  and  to  cancel the contract within a 14- 
day 'cooling off' period, regardless of whether they pay for the service with money or 
by providing personal data.  

  Removing  burdens  for  businesses.  Evidence  shows  that  EU  consumer  law  has  on 
average low compliance costs for business. However, in some areas, certain provisions 
have  become  obsolete  with  technological  change  or  imply  unnecessary  costs  for 
companies.  The  'New  Deal  for  Consumers'  proposes  to  remove  disproportionate 
burdens  for  businesses,  for  example  in  the  areas  of  communication  with  consumers. 
Traders  should  have  more  flexibility  in  choosing  the  most  appropriate  means  of 
communication  with  consumers.  They  should  be  able  to  use  new  means  of  online 
communication,  such  as  web  forms  or  chats,  instead  of  email  address,  provided  the 
consumer can keep track of the communication with the trader.  

While the right of withdrawal is key for consumers and for trust in online commerce, 
the Commission also proposes to remove some burdens for traders related to the right 
of withdrawal from 'distance contracts' and 'off-premises contracts'. In cases where a 
consumer has used an ordered good instead of only trying it out in the same way as 
they would have done in a brick-and-mortar shop, the consumer should no longer have 

25   A consumer purchasing from a professional trader benefits from consumer rights, but a consumer purchasing 

from another private individual does not benefit from consumer rights.   

26   Based on the Commission guidance on the implementation/application of the Directive 2005/29/EC on unfair 
commercial  practices,  SWD(2016)  163  final  of  25.5.2016  (section  5.2.6),  http://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=CELEX%3A52016SC0163.   

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the  right  to  cancel  the  contract.  This  will  reduce  the  burden  on  traders  related  to 
dealing with return of used goods. 

3.  BETTER  REDRESS  FOR  CONSUMERS,  EFFECTIVE  ENFORCEMENT  AND  GREATER 
COOPERATION OF PUBLIC AUTHORITIES IN A F AIR AND SAFE SINGLE  MARKET  

Rules  are  only  effective  if  they  allow  consumers  to  easily  gain  redress  in  case  of  an 
infringement and if they are enforced by national authorities. This is why the 'New Deal for 
Consumers'  includes  proposals  for  better  redress  possibilities  for  consumers  and  more 
effective enforcement of existing consumer rules. 

3.1 Better redress for consumers 

The 'New Deal for Consumers' will give consumers better access to redress through: 

  Using  the  full  potential  of  injunction  orders  to  ensure  redress  for  consumers  in 
'mass  harm  situations'.  In  mass  harm  situations,  consumers  should  have  the 
possibility  to  claim  their  rights  not  only  individually,  but  also  through  collective 
redress.  For  example,  in  a  'Dieselgate'-type  case,  remedies  for  victims  of  unfair 
commercial practices could be enforced collectively through a representative action. 

With the 'New Deal  for Consumers', the Commission proposes a modernised system 
of representative actions, building on the existing Injunctions Directive27. This system 
allows  non-profit  making  qualified  entities,  such  as  consumer  organisations  or 
independent  public  bodies,  to  defend  collective  consumer  interests  in  cases  of  mass 
harm. This will help individual consumers to secure their rights. It will be especially 
helpful for consumers who are deterred for various reasons from individual litigation. 
The  system  will  contain  built-in  safeguards,  such  as  limiting  the  possibility  to  bring 
actions  to  entities  which  fulfil  certain  criteria  and  requiring  transparency  as  to  their 
sources  of  funding.  It  will  thus  maintain  the  necessary  balance  between  access  to 
justice and prevention of possible abuses, with a distinct approach different from the 
US-style litigation model. 

  Strengthening the  existing tools for consumers  – Alternative  Dispute Resolution 
and  Online  Dispute  Resolution.  Thanks  to  Alternative  Dispute  Resolution28  and 
Online  Dispute  Resolution29,  consumers  have  access  to  simple,  fast  and  fair 
procedures  for  solving  their  domestic  and  cross-border  disputes  with  traders  without 

27   Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the 

protection of consumers' interests, OJ L 110, 1.5.2009, p. 30.  

28   Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute 
resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC 
(Directive on consumer ADR), OJ L 165, 18.6.2013, p. 63. 

29   Regulation  (EU)  No  524/2013  of  the  European  Parliament  and  of  the  Council  of  21  May  2013  on  online 
dispute  resolution  for  consumer  disputes  and  amending  Regulation  (EC)  No  2006/2004  and  Directive 
2009/22/EC (Regulation on consumer ODR), OJ L 165, 18.6.2013, p. 1. 

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going  to  court.  The  Alternative  and  Online  Dispute  Resolution  framework  also 
incentivises traders to develop effective customer care systems30.  

The Commission will continue to make this framework more effective, by promoting 
uptake by traders and establishing dialogues between the relevant actors31. One of the 
objectives will be to make sure consumers can easily find and use these tools to solve 
disputes. 

3.2 Effective enforcement and greater cooperation of public authorities in a fair and safe 
Single Market 

Effective  enforcement  is  a  top  priority  in  this  Commission's  mandate.  It  took  a  prominent 
place  in  the  Digital  Single  Market  strategy,  including  with  an  initiative  to  update  the 
enforcement  of  consumer  rules  so  they  are  suitable  for  the  digital  age:  the  revision  of  the 
Consumer Protection Cooperation (CPC) Regulation32. 

The  CPC  Regulation  gives  the  basis  for  a  network  of  national  enforcement  authorities  to 
ensure the main EU consumer laws are enforced consistently across borders. The revised rules 
will be applicable in the Member States by 20 January 202033. Once the new CPC Regulation 
is  applicable,  there  will  be  a  minimum  set  of  powers  for  the  national  authorities,  a  new 
procedure  to  address  widespread  and  Union  wide  violations  of  consumer  law  and  a  better 
surveillance system. The Commission will have a stronger coordination role and will be able 
to prompt coordinated enforcement investigations in the event of Union wide infringements34.  

The Commission is taking the following actions to strengthen enforcement and cooperation of 
public authorities:  

30   On 11 November 2017, the Commission hosted a launch event in Berlin for 'TRAVEL-NET', a network of 15 
ADR entities from 11 Member States dealing with consumer disputes in the passenger transport/travel sector. 
Participants  at  the  event  included  representatives  of  key  passenger  transport  companies.  On  13  December 
2017,  the  Commission  hosted  a  roundtable  discussion  with  key  industry  leaders  in  the  retail  clothing  and 
footwear  sector.  In  December  2017,  the  Commission  furthermore  launched  an  ADR/ODR  communication 
campaign targeting consumers.     

31   In the first semester of 2018, the Commission will launch an ADR/ODR communication campaign aiming to 
increase  traders'  engagement  in  ADR  procedures  and  on  the  ODR  platform.  On  11  and  12  June  2018,  the 
Commission  will  host  the  ADR  Assembly  2018.  The  event  will  bring  together  representatives  of  all  EU-
certified  ADR  entities,  ADR  competent  authorities,  ODR  contact  points,  European  Consumer  Centres, 
consumer organisations, business associations, key retailers and other ADR/ODR stakeholders.  
32   https://ec.europa.eu/info/consumers/consumer-protection-cooperation-regulation/review-consumer-

protection-regulation_en. 

33   Regulation  (EU)  2017/2394  of  the  European  Parliament  and  of  the  Council  of  12  December  2017  on 
cooperation  between  national  authorities  responsible  for  the  enforcement  of  consumer  protection  laws  and 
repealing Regulation (EC) No 2006/2004, OJ L 345, 27.12.2017, p. 1. 

34   The  new  CPC  Regulation  also  provides  a  framework  for  the  co-operation  between  the  different  national 
enforcement authorities responsible for the sector-specific legislation that is covered by the CPC Regulation. 
As regards other areas of sector-specific legislation not covered by the CPC Regulation, notably the General 
Data  Protection  Regulation,  the  Commission  promotes  the  co-operation  between  the  relevant  national 
enforcement authorities through joint workshops and possibly in the future coordinated enforcement actions. 

7 

 
 
                                                            
a) More effective penalties especially for widespread infringements 

Today,  when  a  company  breaks  consumer  rules,  the  penalties  set  out  in  national  law  vary 
widely  across  the  EU  and  are  often  quite  small.  As  a  result,  they  do  little  to  discourage 
unscrupulous traders from cheating consumers.  

In  the  'New  Deal  for  Consumers'  the  Commission  proposes  that  national  enforcement 
authorities  apply  common  criteria  across  the  EU  when  deciding  on  financial  penalties  for 
violations  of  the  Unfair  Commercial  Practices  Directive35,  the  Unfair  Contract  Terms 
Directive36,  the  Consumer  Rights  Directive37  and  the  Price  Indication  Directive38.  In  cases 
where  a  trader  violates these  Directives  in  several  Member  States  simultaneously  (so-called 
'widespread infringements'39), authorities will have the power to impose a fine of at least 4 % 
of  the  trader's  turnover.  Deterrent  penalties  of  this  sort  will  contribute  to  prevent  violations 
and restore fairness.   

b) Helping Member States prepare for the new CPC Regulation 

The Commission will support the Member States in 2018 and 2019 by providing assistance to 
national authorities and by monitoring the adaptation of national legal systems. In particular, 
the Commission is performing the following tasks: 

 

 

It is working with Member State experts to discuss implementation issues and provide 
guidance  if  necessary.  The  Commission  has  already  compiled  a  list  of  needs  of 
Member  States,  and  will  follow  up  with  workshops  and  study  visits  in  the  Member 
States. 

It  is  developing  the  new  IT  tools  needed  by  authorities  and  external  stakeholders  to 
cooperate  efficiently  and  to  exchange  information  and  alerts.  This  new  IT  tool  will 
enable  national  enforcement  authorities  to  cooperate  in  detecting,  investigating  and 
stopping  business  practices  that  violate  the  consumer  acquis  in  cross-border  trading. 
Through  the  IT  tool,  it  will  be  possible  to  send  to  the  CPC  network  external  alerts 
from parties such as consumer and trade associations.  

 

It  is  developing  market  intelligence  to  identify  and  swiftly  address  widespread 
infringements  to  consumer  law  of  Union  dimension.  In  the  longer  term,  the 

35   Directive  2005/29  EC  of  the  European  Parliament  and  of  the  Council  of  11  May  2005  concerning  unfair 
business-to-consumer  commercial  practices  in  the  internal  market  and  amending  Council  Directive 
84/450/EEC, Directives 97/7 and 2002/65EC of the European Parliament and of the Council and Regulation 
200/2004/EC of the European Parliament and of the Council, OJ L 149, 11.6.2005, p. 22.  

36   Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, OJ L 95, 21.4.93, p. 29. 
37   Directive  2011/83/EU  of  the  European  Parliament  and  of  the  Council  of  25  October  2011  on  consumer 
rights, amending Council Directive 93/13/EEC and Directive 199/44/EC of the European Parliament and of 
the  Council  and  repealing  Directive  97/7/EC  of  the  European  Parliament  and  of  the  Council,  OJ  L  304, 
22.11.2011, p. 64.  

38   Directive  98/6/EC  of  the  European  Parliament  and  of  the  Council  of  16  February  1998  on  consumer 

protection in the indication of the prices of products offered to consumers, OJ L80, 18.3.98, p. 27.  

39   The CPC regulation defines a 'widespread infringement' as an infringement that affects consumers in at least 
three  Member  States;    'widespread  infringement  with  a  Union  dimension'  are  defined as  practices  harming 
consumers  in  two-thirds  of  Member  States  or  more  and  amounting  to  two-thirds  of  the  EU  population  or 
more.  

8 

 
 
                                                            
Commission will explore ways of enhancing the monitoring of EU level retail-market 
practices  that  harm  consumers  and  fair  competition.  This  could  include  ways  to 
facilitate  the  collection  of  on-line  evidence  and  help  national  authorities  to  develop 
methodologies  for  detection,  identification  and  sharing  of  evidence,  and  launch 
coordinated actions to remedy the harmful practices.  

c) Capacity-building 

The  Commission  will  continue  to  engage  in  capacity-building  activities  for  national 
authorities.  This  will  focus  on  the  increasing  'digitalisation'  of  consumer  markets.  This 
capacity-building will encompass the following main activities:  

  Funding  and  coordinating  work  for  the  'E-enforcement  Academy'.  This  project 
mobilises  EUR  1.75  million  for  the  capacity-building  of  the  national  consumer 
protection authorities and the national consumer-product safety authorities.  

  Providing support for the Member States to ensure that reliable evidence is gathered 
on  possible  infringements  of  EU  legislation.  This  will  help  the  Member  States  to 
identify more quickly widespread problems that consumers face in the EU. 

d) Coordinated enforcement 

The  Commission  will  continue  to  work  with  the  national  CPC  authorities  on  strategic  and 
targeted enforcement to promote fairness in the Digital Single Market40. This takes the form 
of  coordinated  screening  of  websites  ('sweeps')41,  or  coordinated  action  to  solve  issues 
affecting  a  large  number  of  consumers  in  the  EU42.  The  Commission's  experience  with 
enforcement  since  2014  shows  it  is  possible  to  achieve  positive  results  for  consumers  and 
businesses  alike  (for  example  'one-stop-shop'  solutions  for  EU-wide  infringements  of  EU 
legislation). 

An  important  focus  will  remain  on  tackling  unfair  practices  (e.g.  against  misleading  and 
unfounded environmental claims) and illegal content online43.  

3.3 Implementing non-food product-safety legislation 

The  Commission  will also  help  Member  States  to  cooperate  better  on product  safety44.  It  is 
vital to ensure that consumer health and safety is protected from dangerous products, whether 
they are purchased online or offline. This will be achieved by the following measures: 

40   See the Commission Communication on the Mid-Term Review on the implementation of the Digital Single 
Market Strategy - A Connected Digital Single Market for All - COM(2017) 228 final of 10.5.2017, p. 5-6. 

41   https://ec.europa.eu/info/live-work-travel-eu/consumers/enforcement-consumer-protection/eu-wide-

screening-websites-sweeps_en. 

42   https://ec.europa.eu/info/live-work-travel-eu/consumers/enforcement-consumer-protection/coordinated-

enforcement_en. 

43   Communication  on  Tackling  Illegal  Content  Online  -  Towards  an  enhanced  responsibility  of  online 
platforms,  COM(2017)  555  final  of  28.9.2017;  Commission  Recommendation  on  measures  to  effectively 
tackle illegal content online, C(2018)1177 of 1.3.2018.  

44   Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product 

safety, OJ L 11, 15.1.2002, p. 4. 

9 

 
 
                                                            
a) Modernising the Rapid Alert System  

The European Rapid Alert System is operated by the Commission. It ensures that information 
about  dangerous  non-food  products  withdrawn  from  the  market,  and/or  recalled  from 
consumers  anywhere  in  Europe,  is  quickly  circulated  between  Member  States  and  the 
Commission.  

To enable market surveillance authorities to be more effective, the Commission will, among 
others, revise the guidelines for the Rapid Alert System in order to maximise its benefits for 
consumers.  

b) Making the most of coordinated market surveillance 

To  improve  the  functioning  of  the  Single  market  for  consumers,  the  Commission  has  been 
funding  coordinated  market-surveillance  activities  on  product  safety.  This  has  resulted  in 
more  than  25  coordinated  market-surveillance  actions  in  a  variety  of  product  sectors  (e.g. 
toys,  childcare  products).  The  Commission  will  continue  to  support  EU  authorities'  joint 
actions  to  facilitate  knowledge-sharing  and  reinforce  the  network  of  market  surveillance 
authorities also in the light of the Commission proposal for a Regulation on enforcement and 
compliance  of  Union  harmonisation  legislation  on  products45.  This  support  will  help  in 
tracking and removing dangerous products across the EU.  

The before-mentioned Commission proposal for a Regulation on enforcement and compliance 
of Union harmonisation legislation on products aims to strengthen the framework for market 
surveillance on products both within the Single market and at the external borders, including 
structural market surveillance cooperation exchanges with international partners.  

4. INTERNATIONAL COOPERATION 

a) Cooperation agreements to step up coordination with partners outside the EU 

The  bodies  that  enforce  consumer  legislation  are  faced  with  very  similar  (if  not  identical) 
business  practices  and  marketing  strategies  around  the  world.  Tackling  these  issues  in  a 
coordinated manner can only lead to better compliance by businesses. 

The  Commission  intends  to  work  on  bilateral  or  multilateral  agreements  for  consumer-
protection enforcement cooperation between the EU and key jurisdictions like the US, Canada 
and in the future China. 

This  international  cooperation  will  be  facilitated  by  the  stronger  framework  for  the 
coordination of public enforcement authorities within the EU established by the revised CPC 
Regulation,  which  can  be  used  as  a  basis  for  seeking  cooperation  agreements  with  third 
countries.  Such  agreements  could  establish:  mechanisms  for  mutual  assistance  between 
authorities; cooperation tools adapted to  the digital economy to  tackle websites perpetrating 
worldwide  frauds;  a  new  'one-stop-shop'  procedure  to  address  large  scale  infringements  to 
consumer  rights  committed  by  businesses  at  global  level;  and  a  more  effective  surveillance 
system.  

45   COM(2017) 795 final of 19.12.2017. 

10 

 
 
                                                            
b) Product safety: a global challenge 

Product supply chains are global, and consumers can easily purchase products online directly 
from  countries  outside  the  EU.  This  makes  international  cooperation  critical  for  keeping 
consumers  safe  in  the  EU.  Cooperation  on  product  safety  is  needed  with  both  producer 
countries and countries with similar products on their market, so that market surveillance by 
EU Member States can have maximum impact. 

The  Commission  will  further  improve  cooperation  with  China46  and  will  raise  awareness 
among  manufacturers  about  EU  product  safety  requirements.  The  Commission  will  also 
support international initiatives to improve globally the safety of products sold online. 

Finally,  the  Commission  will  continue  to  promote  effective  consumer  protection  in  future 
bilateral and multilateral trade negotiations. It will do this by including specific product-safety 
cooperation  rules  in  trade  deals.  They  will  enable  information  exchange  on  dangerous 
products where appropriate, including with producer countries. 

5.  ENSURING  EQUAL  TREATMENT  OF  CONSUMERS  IN  THE  SINGLE  MARKET: 

TACKLING THE PROBLEM OF 'DUAL QUALITY' OF CONSUMER GOODS 

In the 2017 State of the Union speech, President Juncker said: "I cannot accept that in some 
parts of Europe, […] people are sold food of lower quality than in other countries, despite the 
packaging  and  branding  being  identical.  […]  we  must  now  equip  national  authorities  with 
stronger powers to cut out these illegal practices wherever they exist." 

To tackle this issue, the Commission has already taken several important steps. 

In September 201747, the Commission adopted a set of guidelines on the application of EU 
food and consumer laws to tackle the issue of 'dual quality' products. The guidelines aim to 
help national authorities determine whether a company is breaking EU law when they market 
under an identical brand products of different compositions in different countries. 

In  discussions  with  industry  representatives,  the  Commission  has  called  on  companies to 
stop unjustified and misleading product differentiation practices, which do not correspond to 
specific market requirements. Some producers have already started to adapt the composition 
of their products to ensure the same products are sold across the EU, and further changes are 
expected in their differentiation and consumer-information strategies.  

The Commission has offered funding to support enforcement by EU Member States and to 
develop  a  common  approach  to  the  comparative  testing  of  food  products.  The 
Commission's Joint Research Centre, with the support of 16 Member States and stakeholders, 
is  developing  this  methodology  and  will  launch  a  testing  campaign  in  May  2018.  The  tests 
will cover a common basket of products which are marketed in most Member States and will 

46   In 2017, over half of the dangerous products notified in the EU Rapid Alert System for non-food dangerous 
report, 

products 
https://ec.europa.eu/consumers/consumers_safety/safety_products/rapex/alerts/repository/content/pages/rape
x/reports/index_en.htm. 

Chinese 

annual 

origin, 

were 

see 

of 

47   Commission Notice C(2017)6532 of 26.9.2017 on the application of EU food and consumer protection law to 

issues of dual quality of products – the specific case of food.  

11 

 
 
                                                            
include  chemical  and  sensory  testing.  The  first  results  are  expected  by  the  end  of  2018.  If 
necessary the Commission, together with Member States' authorities, will address the issues 
arising in the first test results on the common basket of products. 

In  parallel  to  this  ongoing  work,  the  Commission  estimates  that  several  of  the  measures 
proposed  in  the  'New  Deal  for  Consumers',  notably  stricter  penalties  for  illegal  practices, 
individual  remedies  for  misled  consumers  and  collective  redress  mechanisms,  will  make  it 
more difficult and costly for traders to mislead consumers by marketing 'dual quality' goods.  

Business  operators  are  free  to  market  and  sell  goods  with  different  composition  or 
characteristics,  tailoring  their  products  to  local  consumer  preferences  or taking  into  account 
the need to respond to different trends in demand, logistical issues and emerging technologies, 
provided that they fully respect Union legislation (whether on the safety of products, labelling 
or other horizontal or sectoral legislation). Products under the same brand may exceptionally 
have  different  characteristics.  However,  a  substantially  different  composition  in  identically 
branded goods can be a source of concern when those products are marketed in a way that has 
the potential to mislead the consumer. 

To  leave  no  room  for  doubt  that  EU  law  prohibits  unjustified  and  misleading  product 
differentiation in the Single market, the Commission intends to equip national authorities with 
clearer rules to guarantee that they can combat more easily unfair practices. The Commission 
therefore  proposes  to  make  it  explicit  in  the  Unfair  Commercial  Practices  Directive  that 
marketing  of  products  as  being  identical  to  the  same  product  marketed  in  several  other 
Member  States,  while 
those  products  have  significantly  different  composition  or 
characteristics, is a misleading action within the meaning of Article 6 of that Directive. 

6. AWARENESS-RAISING AND CAPACITY-BUILDING 

The  Commission's  evaluation  of  consumer-protection  rules  in  2017  ('Fitness  Check')  found 
that a low level of compliance with EU consumer law is compounded by a limited awareness 
by  consumers  and  traders  of  their  rights  and  obligations,  with  awareness  varying  widely 
between EU Member States. Problems reported by consumers stood at 20% in 2016, the same 
rate as in 2008, with little or no improvement in a decade. At the same time, only 41% of EU 
citizens, for example, knew they had a right under EU law to free repair or replacement of a 
defective good.  

Throughout 2018 and beyond, the Commission will take the steps set out below to improve 
knowledge  about  consumer  rights  and  to  stimulate  a  new  culture  of  compliance  with  EU 
consumer law. 

6.1 Consumer dialogues and communication campaign  

In November 2017, the Commission launched a broad discussion as part of the 'New Deal for 
Consumers' with the aim of bringing together stakeholders working on improving consumer 

12 

 
 
rights in the EU to discuss how "to reshape EU consumer rules to make them fit for the 21st 
century"48.  

As part of this initiative, the Commission will organise throughout 2018 a series of 'consumer 
dialogues'  in  the  Member  States  using  a  country-by-country  approach.  The  goal  of  the 
dialogues is to explain to people what the EU is doing for them as consumers and to listen to 
their views on how the EU can better tackle their concerns. 

In  2018,  the  Commission  will  also  roll  out  a  comprehensive  communication  campaign  to 
make Europeans more aware of their current consumer rights in the EU. The campaign will 
focus in particular, but not exclusively, on those Member States where citizens have shown to 
have the lowest knowledge of consumer rights. 

6.2 Training, education, capacity-building and other information tools 

 

 

In  March  2018,  the  ConsumerLawReady  project  went  online49.  This  project  aims  to 
train  small  and  medium-sized  enterprises  (SMEs)  in  EU  consumer  law  to  help  them 
comply  more  easily  with  their  legal  requirements.  The  project  is  being  implemented 
by  a  consortium  of  consumer  and  business  organisations.  These  organisations  train 
'lead  trainers',  who  in  turn  train  'local  trainers'  in  all  Member  States.  These  local 
trainers  will  in  turn  offer  training  to  SMEs.  This  multiplier  effect  will  ensure  wide 
dissemination.  

In the third quarter of 2018, the new Consumer Law Database will be available as part 
of  the  e-Justice  Portal50.  It  gives  everyone,  especially  legal  practitioners  and 
enforcement  authorities,  access  to  national  rules  transposing  the  key  EU  consumer 
directives.  It  will  also  give  access  to  relevant  case-law  from  Member  States  and  the 
European Court of Justice, as well as to relevant national administrative practice.  

  The  European  Commission  is  facilitating  a  self-regulatory  initiative  by  European 
business  on  key  principles  for  better  presentation  of  information  to  consumers, 
including standard terms and conditions. The results of this initiative are expected in 
summer 2018.  

  The  Commission  will  develop,  by  early  2019,  guidance  on  Directive  93/13/EEC  on 
unfair  contract  terms  in  consumer  contracts  which  protects  European  consumers 
against  unfair  standard  contract  terms  used  by  traders.  The  REFIT  Fitness  Check 
found that the principle-based approach of the Unfair Contract Terms Directive is still 
effective and contributes to a high level of consumer protection. Based on numerous 
rulings  of  the  European  Court  of  Justice,  the  guidance  will  aim  to  clarify  questions 
which have arisen in the application of the Directive, for example regarding the legal 
consequences of the non-binding nature of unfair contract terms and the obligation of 

48   http://europa.eu/rapid/press-release_MEX-17-5047_en.htm.  
49   www.ConsumerLawReady.eu. ConsumerLawReady is a pilot project organised by the European Commission 

at the request of the European Parliament.  

50   https://e-justice.europa.eu/home.do. 

13 

 
 
                                                            
national  courts  to  assess,  of  their  own  motion,  whether  a  contractual  term  falling 
within the scope of Directive 93/13/EEC is unfair.  

  The Commission has committed to continue its efforts in consumer education, as only 
knowledgeable  consumers  can  use  their  rights  effectively.  The  scope  of  current 
successful  consumer  education  projects  such  as  the  Consumer  Classroom  could  be 
widened by influencing the behaviour of other target groups, with a particular focus on 
vulnerable consumers. 

  The  Commission  will  continue  its  efforts  to  build  the  capacity  of  consumer 
organisations in a more diversified manner. For example, it will seek to strengthen the 
role of consumer organisations as watchdogs and important pillars of civil society in 
countries  where  they  are  still  relatively  weak.  Their  competence  and  voice  in 
policymaking at national level should also be strengthened. 

7. PREPARING CONSUMER POLICY FOR FUTURE CHALLENGES  

Whilst the 'New Deal for Consumers' package will address the most important challenges to 
consumer  protection  in  today's  EU,  markets  will  of  course  continue  to  evolve  and  change 
quickly and consumer protection law must be able to continue to adapt and evolve to remain 
relevant and capable to addressing new areas of challenges for consumers. This can be new 
complex  and  non-transparent  transactions.  The  Commission  will  continue  to  monitor 
consumer markets to identify emerging issues and to develop behavioural insights to inform 
its policymaking.  

The Commission is currently exploring the following areas: 

  Artificial  intelligence.  Artificial  intelligence  technologies  bring  major  opportunities 
for  consumers.  At  the  same  time,  they  can  raise  challenges  related  to  (i)  the 
complexity and the potential lack of transparency of these technologies, (ii) users' lack 
of control over the data they generate, or (iii) questions related to discrimination, bias, 
safety  and  liability  for  damages.  The  Commission  will  carry  out  further  research  to 
identify  the  best  ways  to  make  these  technologies  more  transparent51.  The 
Commission  will  also  support  both  national  and  EU-level  consumer  organisations in 
building  understanding  and  foster  transparency  of  artificial  intelligence-powered 
applications so as to build consumer trust.  

  Internet of things. It is forecast that there will be at least 6 billion internet-connected 
products in the EU and 25 billion worldwide by 202052. It is important to make sure 
that  these  products  and  technologies  are  safe  for  consumers,  while  ensuring  wide 
choice  and  not  stifling  innovation.  The  Commission  will  assess  whether  the  current 
legal framework for product safety is fit for purpose in the light of the new challenges 
brought  about  by  these  new  technologies,  or  whether  there  are  any  gaps  to  be 
addressed.  In  this  sense,  the  Commission  will  further  explore  links  between 

51   The Commission plans to adopt a Communication on artificial intelligence on 25 April 2018.  
52   Gartner 

"Predicts  2015:  The 

Internet  of  Things."  Newsroom  available  at: 

(2013) 

report 

http://www.gartner.com/newsroom/id/2970017, STAMFORD, Conn., December 12, 2013. 

14 

 
 
                                                            
cybersecurity53 and product safety, identifying tools that can improve product security 
and safety by design. The Commission has also set up an expert group that will assess 
whether  and  to  what  extent  existing  liability  schemes  are  adapted  to  the  emerging 
market  realities  following  the  development  of  new  technologies  in  the  wide  sense, 
including  artificial  intelligence,  advanced  robotics,  the  Internet  of  things  and 
cybersecurity issues. 

  Mobile  e-commerce.  The  growing  importance  of  mobile  e-commerce  can  make 
consumers vulnerable in different ways, for example because of the way the required 
information  is  presented  to  them.  The  Commission  is  launching  a  behavioural  study 
that will focus on the impact on consumers of marketing and disclosure practices used 
online.  The  study  will  focus  on  retail  financial  services,  in  particular  how  they  are 
marketed and sold through mobile devices. 

  Sustainable  consumption.  Rising  consumption  worldwide  puts  increased  pressures 
on the environment. This  makes it crucial to  make  sustainable products and services 
available  to  consumers  and  to  encourage  more  sustainable  consumption  by  them. 
Consumers  are  increasingly  interested  in  sustainable  products;  they  need  to  be 
empowered  to  make  informed  purchasing  choices  and  have  easy  access  to  products 
that  are  environmentally  friendly.  Additional  awareness-raising  efforts  are  needed  to 
make consumers better aware of the different EU labelling instruments54, such as the 
EU Ecolabel, and to ensure that they are well-understood.  

The  'New  Deal  for  Consumers'  will  benefit  the  environment,  given  that  stronger 
enforcement and better opportunities for individual redress against unfair practices can 
deter  false  environmental  claims  or  planned  obsolescence  practices,  complementing 
the  actions  of  the  EU  Circular  Economy  Action  Plan55.  For  example,  this  includes 
research on premature obsolescence56 and the Environmental Footprint pilots57 which 
aim to limit false claims by providing a harmonised method to calculate and verify the 
environmental information provided.  

8. CONCLUSION 

The 'New  Deal for Consumers' is  a  priority for the Juncker Commission.  Much  has  already 
been achieved in the last few years to improve consumer rights and certainty for business in 
areas such as cross-border portability of content, roaming charges and geoblocking, as well as 
in  the  energy  sector.  This  now  needs  to  be  fully  implemented  and  complemented  with 

53   See 

also 

the  Cybersecurity  package 

adopted  by 

the  Commission 

in  September  2017, 

https://ec.europa.eu/info/law/better-regulation/initiatives/com-2017-477_en.  

54   For example, the EU Ecolabel (on non-food products and services), EU organic label (on food products), EU 
Energy  label  (on  household  appliances),  EU  Car  Labelling  Directive  (CO2  and  fuel  consumption  for  new 
cars),  EU  Tyre  Labelling  Regulation  (wet  grip,  noise  and  rolling  resistance  of  tyres),  date  labels  on  food 
products to prevent food waste, Ecodesign information requirements etc.   
55   http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52015DC0614.  
56  Such  as  http://ec.europa.eu/research/participants/portal/desktop/en/opportunities/h2020/topics/ce-sc5-02-

2018.html. 

57   http://ec.europa.eu/environment/eussd/smgp/ef_pilots.htm. 

15 

 
 
                                                            
modernised consumer protection rules fit for the challenges of today's fast evolving markets, 
effective private and public enforcement and better redress opportunities. This is the objective 
of the present Communication and the proposals accompanying it. They will deliver tangible 
changes in the interests of consumers and the economy which relies on consumer confidence 

Overall,  the  proposals  and  initiatives  announced  in  this  Communication  regarding  the  'New 
Deal  for  Consumers'  will  bring  clear  benefits  for  European  consumers  seeking  choice  and 
fairness  as  well  as  for European  businesses  looking  for  certainty  and  trust  across  the  whole 
Single Market.  

The  Commission  calls  the  European  Parliament  and  Member  States  in  the  Council  upon 
Member States and the European Parliament to work together over the next year to agree the 
proposed legislative changes onto the statute book before the European Parliament elections 
in May 2019. A broader commitment is needed to engage all stakeholders in a public debate 
on how best to tackle consumer concerns, looking also to the future challenges. Over the next 
year, the Commission will work with Member States and all stakeholders to stimulate these 
public debates.  

With  the  'New  Deal  for  Consumers',  European  consumers  and  businesses  alike  will  be 
guaranteed  the  certainty  and  protection  they  need.  The  'New  Deal  for  Consumers'  is  about 
empowering  consumers,  promoting  fairness  and  building  trust  within  the  Single  Market.  It 
will ensure that there are no second class consumers in the European Union and that European 
businesses  operate  in  a  regulatory  framework  fit  for  today's  challenges  and  offering  a  level 
playing field across the Single market. 

16