Bernard Allen
Question:66 Mr. Allen asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps, if any, she has taken to ensure consumer rights when shopping in other member states. [7313/98]
Written Answers. - Consumer Rights.
The issue of consumer rights in cross-Border transactions must be seen in the overall context of the Commission's action plan on consumer access to justice.
The European Council is currently discussing a draft directive which has the objective of protecting the consumer who purchases goods in the territory of another member state. The proposal, when adopted, will introduce a uniform minimum number of elements which must be contained in the legal guarantee. Specifically goods must: (a) comply with the description given by the seller and possess the qualities of the goods which the seller held out to the consumer as a sample or model; (b) be fit for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract, except where the circumstances show that the buyer did not rely on the seller's explanations; (c) be fit for the purposes for which goods of the same type are normally used; (d) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling.
Any additional voluntary guarantee will legally bind the producer or seller under the conditions laid down in the guarantee and must meet certain transparency criteria. It is hoped under the UK Presidency to reach a common position on the draft directive.
A further measure under consideration relates to settlement proceedings for consumer disputes. The form and scope of such proceedings is still under debate. When finalised, appropriate steps will be taken to ensure Ireland's obligations are fully met.