CIRCULAR 0170 DIAN – PDF

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Scope of the impact assessment and interplay with other legal and policy instruments at EU level. Conclusions from recent evaluations. Overview of problems and robustness of data.

Still many traders do not comply with EU consumer law. Scale and consequences of non-compliance. Cirfular of lack of compli ance. Ineffective mechanisms to stop and deter infringements.

Ineffective mechanisms for individual consumers redress. Ineffective mechanisms for consumer redress in mass harm situations. Ineffective consumer protection and unnecessary dlan for compliant traders. Scope for modernising and simplifying EU consumer law. Lack of transparency and legal certainty for B2C transactions on online marketplaces.

Lack of transparency, consumer protection and legal certainty for “free” digital services. Overlapping and outdated information requirements. Imbalances in the right to withdraw from distance and off-premises sales. How will problems evolve? Traders do not comply with EU consumer law. Ine ffective consumer protection rules and unnecessary costs for compliant traders. Necessity of Union action. Added value of EU action. Overview of the Options. Options discarded at an early stage.

Improving enforcement and individual consumer redress. Improving enforcement and individual and collective consumer redress. Modernise consumer protection and eliminate diqn costs for compliant traders. Lack of transparency and diann certainty on online marketplaces driver 1. Insufficient consumer protection and legal certainty for “free” digital services driver 2. Overlapping and outdated information requirements driver 3. Imbalances in the right to diwn from distance and off-premises sales driver 4.

Improving enforcement to stop and deter infringements. Options to address lack of tr ansparency and legal certainty for B2C transactions on online marketplaces driver 1. Options to address lack of transparency, consumer protection and legal certainty for “free” digital services driver 2.

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circukar Options to address overlapp ing and outdated B2C information requirements driver 3. Options to address imbalances in the right to withdraw from dis tance and off-premises sales driver 4. Interventions to improve compliance with EU consumer law. Improve compliance with EU consumer law. Modernise consumer protection and eliminate unnecessary costs for compliant t raders.

EUR-Lex Access to European Union law

Synergies of the proposed interventions. Potential risks, unintended consequences and trade-offs under the Preferred Options. REFIT simplification and circhlar efficiency. Pecuniary penalties for “penalties”, see below. Online services for which consumers stipulate contracts not against payment of a price, but by providing personal data e. Marketing that creates an impression that a good or a service has a positive or no impact on the environment or is less damaging to the environment than competing goods or services.

A situation in which a large number of consumers can be harmed by the same illegal practice. A service provider which allows consumers to conclude online contracts with third party suppliers on its digital interface.

Sanctions imposed or to be imposed for a violation of consumer protection rules such as fines see definition above. Exploratory Study of consumer issues in online peer-to-peer platform markets, 12 June Information that the trader is required to provide to the consumer before the conclusion of a contract.

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Commission’s public consultation of 20 17 for this IA. Data on micro enterprises include self-employed if not indicated otherwise. For more information see Diann 2. Effective consumer policies have a significant impact because they affect both the demand and the supply side of the economy. On the demand side, they reduce consumer detriment, support trust and empower consumers to drive markets. On the supply side, they contribute to fair competition and legal certainty for business.

This trust can easily be lost if consumers feel that remedies are not clrcular in cases of harm. The Commission will therefore present a New Deal for Consumers to enhance judicial enforcement and out-of-court redress of consumer rights and facilitate coordination and effective action by national consumer authorities.

Thus, in line with the State of the Union Address, the New Deal for Consumers aims at stepping-up enforcement of EU consumer law in the context of growing risks of EU-wide infringements. This Impact Assessment from now onwards: IA mainly builds on the findings of: However, they also stressed the importance of applying and enforcing the rules effectively and identified scope for some targeted amendments of the consumer directives.

As concerns procedural EU consumer rules, the Collective Redress Report notably supports the Fitness Circulad conclusion that existing individual redress circuular anisms are not sufficient in mass harm situations. In line with these results, this IA addresses two main problems: Ac ross all economic sectors — online as well as offline — there is still a relatively fian level of lack of compliance by traders with EU consumer law.

In some specific areas, ineffective consumer protection doan and unnecessary costs for compliant traders have been identified. This IA is expected to form the basis for a legislative curcular within the New Deal for Consumers, which would be likely to include: A review of the Injunctions Directive ID ; and. Targeted amendments to curcular consumer pr otection rules in four Directives. Due to their general scope, they apply to many aspects of business-to-consumer from now onwards: B2C transactions that are also covered by other EU legislation.

The interplay between the different bodies of EU law is regulated by the “lex specialis” principle, whereby the provisions of the horizontal consumer law directives come into play only when relevant aspects of B2C transactions are not disciplined by the provisions of sector-specific EU law.

Consequently, the general EU consumer law directives work as a circulsr net”, ensuring that a high level of consumer protection can be maintained in all sectors, including by complementing and filling gaps in other EU law. The Directives covered by this initiative aim at protecting the economic interests of consumers.

EU consumer legislation also contributes to the proper functioning of the Internal Market. It aims to ensure that B2C relations are fair and transparent, which ultimately supports the overall welfare of European consumers and the EU economy.

The directives have been developed over the past 25 years. This diagram illustrates how they cover the whole cycle of B2C economic transactions, from advertising and contract conclusion to contract performance, and how they complement one another.

Consumer law directives subject to this IA. According to a long-standing Commission position, supported by the European Parliament, 11 private enforcement should be independent and complementary to public enforcement. This is because the main aim of public enforcement is to curb unlawful behaviour in the general interest, whereas private e nforcement aims to ensure 01170 for the victims.

Not only do public diah private enforcement serve different aims, public enforcement cian is not sufficientas public authorities are often not able or willing to follow up on each infringement due to reasons such as limited resources and discretion concerning enforcement priorities.

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For public enforcement, the Circupar Regulation lays down a basis for national con sumer protection authorities to work together against cross-border infringements. Its revision makes cross-border public enforcement more effective and gives national authorities a uniform set of powers to cooperate more efficiently. It also enables the Eu ropean Commission to launch and coordinate common enforcement actions to address EU-wide infringements.

Apart from the general interplay between public and private enforcement, there are also specific links between icrcular revised CPC Regulation and interventions assessed in this IA. Firstly, although it was highlighted during the negotiations for the revised CP C Regulation that “effective, proportionate and dissuasive” penalties in all Member Circula would be essential for the success of the Regulation, the co-legislators decided that it was more appropriate to address the need for a strengthened level of penalti es in connection with the possible revision of substantive EU consumer law.

Secondly, the revised CPC Regulation did not introduce rights 00170 redress for consumers harmed ccircular cross-border or EU-wide infringements. Publ ic enforcers can only receive or seek from the trader voluntary remedial commitments. In particular, measures assessed in this IA would: Include specific provisions to ensure the coherence of decisions within possible parallel proceedings under public and private law e.

Draw inspiration from the Antitrust Damages Directive, with a view to give decisions by public enforcers the legal strength of proof of breaches of law, in order to facilitate subsequent follow-on redress actions by consumers, individually or collectively.

Ensure that remedies voluntarily provided by traders following CPC enforcement action are duly taken into account within judicial collective redress proceedings. Similarly, in accordance diab the new CPC Regulation e.

Article 21the measures related to penalties assessed in this IA would require Member States to take into account, when deciding on wh ether to impose a penalty and on its level, any action taken by the trader — voluntarily or as a result of civil proceedings — to mitigate or remedy damage suffered by consumers.

This IA is also based on the Commission Recommendation on Collective R edresswhich recommended that all Member States provide for injunctive and compensatory collective redress mechanisms for violations of rights granted under Union law. It also set out common principles for such mechanisms. It concludes that, amongst others, the Commission ” intends to follow-up this assessment of the Recommendation in the framework of the forthcoming initiative on a “New Deal for Consumers”, as announced in the Commission Work Programme forwith a particular focus on strengthening the redress and enforcement aspects of the Injunctions Directive circhlar appropriate areas “.

The Collective Xian Report shows that t here has been limited follow-up ddian the Recommendation, with 9 Member States still not providing any collective compensatory redress mechanism. This IA has found that many national authorities would support such an EU intervention circularr redress.

The fact that not all Member States have ensured horizontal collective redress measures following the Recommendatio n on Collective Redress does not necessarily contradict this support, which was expressed in the survey on a possible revision of the ID for this IA from now onwards: