Mrs. Meglena Kuneva, Commissioner for Consumer Protection (DG SANCO) spoke at FEDMA Annual General Meeting

EU Commissioner for Consumer Protection praises the DM Industry The Commissioner for Consumer Protection (DG SANCO), Mrs. Megelena Kuneva, addressed the FEDMA Annual General Meeting Wednesday, thanked FEDMA for its active contribution at the EU level.

During her speech, the Commissioner expressed enthusiasm towards the development of the direct and interactive marketing industry. “These are exciting times for the world of direct and interactive marketing. Technological development continues to forge ahead and consumer behavior continues to evolve.”

The Commissioner also expressed concern towards the current EU legislation in place – once meant to increase the possibilities for cross border sales – now a set of rules that is often outdated and does not reflect the market realities of today’s business environment. Problems such as the large divergence between Member States in transposing rules into national legislation, Commissioner Kuneva noted, has caused problems for both companies who cannot adapt their sales methods, and problematic for consumers as they feel unsure and insecure about their rights.

The Unfair Commercial Practices (UCP) Directive, the Commissioner explained, is the first important step towards solving this problem. “The UCP provides both consumers and traders with a single European set of common rules which apply to virtually all unfair ‘business to consumer’ commercial practices in the EU”. The 2006 Directive contains clear regulations which simplify cross border trade as only one set of rules will have to be taken into consideration rather than the current set of different national regimes.

However, ensuring that all Member States transpose the UCP into national legislation remains a challenge. “The UCP can only turn out to be a true European success story if maximum coherence in the implementation of the new rules is achieved across the 27 EU Member States” said the Commissioner. So far, two years after its adoption, some Member States are still enacting UCP national transposition laws.

During her speech, Commissioner Kuneva also explained what she considers the “plat de resistance” of her mandate - the review of the ‘Consumer Acquis’. As the current market conditions are hindering efficient cross-border trading, Kuneva announced her intension to propose to the College of Commissioners the adoption of a proposal for a new Directive on Consumer Contractual Rights in the autumn of 2008. This new Framework Directive would incorporate at least four existing directives (including the 1997 Distance Selling Directive) into one fully harmonised, coherent legislative instrument. “This new legislation would contribute towards boosting cross-border trade by driving down the costs of doing business and improving consumer confidence”. Much of the long preparatory work has already been completed and Commissioner Kuneva thanked FEDMA for its active contribution to this task.

Commissioner Kuneva urged the industry to share their opinions and experiences with the Commission. She emphasised the importance business associations have in contributing information to the formation of new rules and Directives. “Only by having a clear picture of the reality of the activities of EU businesses today, can we propose a piece of legislation that is properly fit for purpose. The purpose being to truly contribute to the creation of a properly functioning, common retail market”, and she strongly supported effective Self-Regulation by businesses.

Please click here for a copy of the speech.