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Dáil Éireann debate -
Wednesday, 25 Mar 1992

Vol. 417 No. 6

Written Answers. - EC Consumer Contracts Standards.

Phil Hogan

Question:

92 Mr. Hogan asked the Minister for Industry and Commerce if he is proposing to establish a competent authority for the purpose of examining the terms of consumer contracts in the interest of maintaining consumer standards within the European Community; and if he will make a statement on the matter.

Phil Hogan

Question:

93 Mr. Hogan asked the Minister for Industry and Commerce if there is any proposals before the European Commission for the purpose of establishing a system of common contract within the European Community following the completion of the Single Market; and if he will make a statement on the matter.

I propose to take Questions Nos. 92 and 93 together.

Member states of the European Community are currently examining a proposed directive requiring that unfair terms are not used in contracts concluded with consumers. If the proposal as currently formulated is adopted, member states will be obliged to ensure that a competent authority controls contract terms. The proposal however is still at a relatively preliminary stage of consideration.

The Deputy will be aware that in Ireland the Sale of Goods and Supply of Services Act, 1980 establishes the rights of consumers and responsibilities of sellers in contracts for goods and services.

Duties and obligations arising under the legislation are ultimately a matter for the courts. The Director of Consumer Affairs is responsible for supervising the operation of the legislation and has powers relating to the terms on which goods or services are supplied.

Apart from the proposal mentioned, no specific proposal relating to a system of common contract has emerged at European Community level.

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