'EU moet rechten consument serieuzer nemen' (en)

Met dank overgenomen van Europees Economisch en Sociaal Comité (EESC) i, gepubliceerd op donderdag 29 maart 2012.

During its March plenary session, the EESC i sent a strong message to EU decision-makers: consumer rights must not be financially marginalised, despite the economic crisis. Consumer organisations must ensure the provision of enough resources to implement appropriate information campaigns and new pan-European tools. Indeed, two of the three consumer-related opinions that EESC members voted on concerned alternative dispute resolution and online dispute resolution for consumer disputes. Thanks to these two initiatives, the EU will establish a common framework for solving disputes resulting from buying abroad.

A Spaniard travelling to Germany by car stays one night in France. Once she is back in Spain, she discovers that the hotel charged her twice. Where should she send an official complaint? Should she contact the local consumers' office? Should she contact the French authorities? Following the success of the internal market, cross-border transactions (including online purchases) are becoming more and more popular among Europeans. However, the consumer dispute mechanisms are still fragmented and unequal between countries.

"The EESC has defended alternative means for dispute resolution at EU level for more than 13 years, and now welcomes the Commission proposal. Finally, EU consumers have recourse to a single tool covering purchases in any EU country," said Jorge Pegado Liz (Various Interests Group, Portugal), rapporteur for the EESC opinions on Alternative dispute resolution and Online dispute resolution for consumer disputes.

The new EU online platform for consumer disputes will serve as a standardised procedure for all consumers when buying abroad. Under the Commission proposal, traders would also be able to lodge a complaint against consumers through the platform. While welcoming the Commission’s intention to establish an online dispute resolution system, the EESC is, however, critical of the setup and functionalities of the planned platform. It finds it to be limited in scope, and further, that it lacks ambition in terms of practical usability, technical innovation and legal certainty. .

The EESC also questions the restrictions imposed in the ODR regulation. In the Committee's view, the online platform should be available for all types of transactions, regardless of whether they are concluded online or offline, are cross-border or inside one country only. If the EU wants to make progress, proposals need to be more ambitious.

The EESC has also expressed its opinion on the new Consumer Programme 2014-2020. It considers the proposed budget meagre given the importance of the programme. Despite the Commission's willingness to place consumers at the centre of EU policies, insufficient means have been made available for achieving this goal. "Consumer policy is present in many other policies, it is is an horizontal policy that should be treated as such. The EESC is determined to reinforce it, and therefore provide it with all necessary tools", said Reine-Claude Mader (Various Interests Group, France), rapporteur for the EESC opinion on the Consumer Programme 2014-2020.