Consumer Sales directive

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Workshop on flagship on durable goods

Ursula Pachl and

Angeliki Malizou

General Assembly

Place : Brussels

Date : 15 November 2013

Background

Consumers have difficulties in enforcing their legal guarantee rights. These rights play an essential role in promoting sustainable consumption.

Durability of products (such as household appliances, communications devices, cars) is an important element of sustainable consumption.

Objectives

a. Have the means to use the guarantee rights successfully – reversal of the burden of proof b. Longer guarantee period c. Fight planned obsolescence d. Stop unfair business practices regarding the enforcement of guarantee rights e. Availability of spare parts

Context within BEUC work programme

This flagship falls straight into our priorities on

1)consumer rights and redress and

2)sustainability

…. in line with our 2020 vision paper

Strategy

Legislative initiatives:

• Review of the 1999 directive on consumer sales – to achieve objective a), b), c) and d)

• Review of the Ecodesign and the energy labelling directive to achieve objectives b), c) and d)

Consumer Sales Directive

Consumer Sales directive (1999/44/EC) sets a minimum mandatory standard of consumer rights regarding legal guarantees ( and commercial guarantees):

Main elements:

• 2 year guarantee period

• 6 months of reversal of the burden of proof for the lack of conformity

Ecodesign & Energy Labelling

Directive

Ecodesign Directive (2009/125/EC) aims at setting requirements on the significant environmental aspects of energy-using and energy-related products.

Energy Labelling Directive (2010/30/EU) informs consumers about the consumption of energy and other resources by energy-related products. It aims at helping consumers choose products which save energy and provides incentives for the industry to develop and invest in energy efficient product design.

Strategy (suite)

Non –legislative initiatives :

• Enforcement actions

• Awareness raising

• Business best practices

• Sustainability: High Level Platform on Resource efficiency etc

Strategy (suite)

Research is needed:

• Current problems with the use of guarantee rights

• How to dismantle planned obsolescence

National level activities

• Better application /enforcement of guarantee rights

• Sustainability aspects of guarantee rights

• Obsolescence, spare parts, reparability

What Communication Tools?

Examples of practical aids to supplement conventional press action.

A Media Kit for members which could contain:

 Messaging Advice; Facts & Figures; Stock Phrases

 Factsheet

 High-profile Brand Example List detailing Product; Lifespan; Typical

Cost e.g. Apple iPads, washing machines, laptops etc.

 BEUC press release archive

 Statistics synopsis

For use with external stakeholders:

 Dedicated mini-website very ‘lay-user’ friendly upload cases etc.

 Gimmick for MEPs – e.g. a backwards ticking clock with obsolescence/sustainability message on rear

 Academic study or related materials

Timeline

Some elements

Research - as soon as possible

EU legislation:

• Hearing of new Commissioners in September 2014

• Work programme of new EP Committees

• (Preparation of ) Revision of ecodesign and energy labelling directives

• Continuation of Revision of the consumer acquis ?

www.beuc.eu – consumers@beuc.eu

www.beuc50years.eu

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