Proposal for a directive on certain aspects concerning contracts for distance sales of goods

Building upon the high level of protection under the EU consumer law acquis, the proposal concerning distance sales of goods offers opportunities for reform and innovation in the area of sales law and legal guarantees. The Commission’s Proposal will have an impact on consumer rights and it is important that these rights are strengthened, not weakened. There is a need for clear rules on conformity of goods and it is crucial that consumers have remedies available in case the goods are faulty. Modern and effective rules in this field comprising on-line and offline transactions are essential for consumers when engaging in purchases across the EU Single Market.

Whilst BEUC welcomes certain elements of the tangible goods proposal, such as:

• the two year reversal of the burden of proof,
• the removal of notification requirements, or
• the equal treatment of new and second-hand goods, 

We stress that the proposed provisions do not represent a high standard of protection for consumers; rather they will effect a considerable and highly undesirable diminution of consumer protection in a number of key areas due to its full harmonisation approach. These areas include:

• the creation of separate legal regimes for online and offline sales,
• a blanket two year legal guarantee period beyond which consumers will have no recourse if their product develops a fault, or
• the introduction of a strict hierarchy of remedies regime, which strips consumers in a number of Member States of a higher level of protection.

Each of our concerns is further outlined in detail below. We are hopeful that the European legislator will work to ensure that consumer rights across the EU are not weakened but improved and modernised.