8.4.3 Draft Consumer Directive

On 8 October 2008, the Commission adopted a proposal for a Directive on Consumer Rights (Consumer Directive).1 This piece of legislation unifies four existing consumer directives.2 It modernises and strengthens existing consumer rights.3 This draft directive covers consumers' rights with regard to different types of purchasing and the methods in which these purchases are effected, e.g. distance selling and doorstep sales. This directive will stimulate clear information on price, extra charges and fees. It also aims to provide security against non-delivery and late delivery. Chapter 2 of the draft directive contains provisions on consumer information. Specifically, article 5 includes general information requirements, which a seller is obliged to provide to a consumer. These requirements are: (1) the main characteristics of the product; (2) the address and, if possible, identity of the trader and, if possible, the identity of the trader on whose behalf he is acting; (3) the price and additional price-related information; (4) the arrangements for payment, delivery, performance and the complaint handling policies; (5) the existence of a right of withdrawal; (6) the existence and the conditions ofafter-sales services and commercial guarantees; (7) the duration of the contract or if the contract is open-ended, the conditions for terminating the contract; (8) the minimum duration of the consumer's obligations under the contract; and (9) the existence and conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader. This long list of information items only refers to the 'traditional' type of consumer information, and does not contain any item regarding the way in which and under which circumstances a certain product has been produced (e.g. CSR aspects). That being said, it still concerns a draft directive and many comments and proposals for amendments have been circulated, hence it will probably undergo some amendments. Subsequently, it has to be considered by the Council and the EP.4