Protection of consumers: distance contracts
1992/0411(COD)
The Commission accepted 21 of the 31 amendments adopted by Parliament, including the following:
- the directive is to be applied to the overall contract, not to the resulting subsequent operations;
- property contracts are to be included once again in the scope of the directive;
- information is also to be provided to the consumer in the case of tourist services;
- information is to be provided to the consumer as regards long-term contracts;
- the consumer is to be provided either in writing or on another durable medium with the information needed for the smooth operation of the contract;
- the consumer shall have 7 working days in which to withdraw from the contract without penalty; any previous payments should be reimbursed within 30 days;
- the consumer must give his prior consent before receiving substitute goods;
- the provisions relating to consumer protection organisations being able to take action under national law before the courts and to the burden of proof are to be compulsory;
- the directive is to be transposed within two years;
- the consumer is to be provided with information on the existing codes of conduct in the field of distance contracts;
- a non-judicial system for dealing with complaints is to be set up with the trade and professional organisations.
However, the Commission rejected the amendments aimed at:
- adding the address of the supplier to the list of information the consumer should receive before concluding a contract;
- clarifying the protection of those who are unable to give their consent;
- informing the consumer of the geographical address of the place of business of the supplier to which the consumer may address any complaints;
- ensuring that there is no right of withdrawal in the cases of CD-ROMs and CD-Is;
- proposing that there should be no right of withdrawal in the cases of books taken out of their original wrapping;
- ensuring that the period available to withdraw from the contract applies without prejudice to the consumer's customary rights if the product is faulty or damaged;
- ensuring that the identity of the supplier and the commercial purpose of any telephone call are made clear by the supplier at the beginning of the conversation.
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