Dolors Montserrat highlights the importance of “strengthening consumer confidence” in the European Union
Post: Spanish Agency for Consumer Affairs, Food Safety and Nutrition
Date: 19 octubre 2017
Section: Consumo
First Ministerial Law of this legislature approved
- The Minister of Health, Social Services and Equality today explained this to the Congress of Deputies where the Law for Alternative Dispute Resolution in Consumer Affairs has been approved.
- The law establishes minimum harmonised quality requirements to be met by those entities responsible for handling out-of-court proceedings for the solution of disputes to be notified and included in a European Commission list.
- Resolution procedures will be free of charge for the consumer. A resolution time is established of 90 calendar days from the date the claim is submitted.
The Minister of Health, Social Services and Equality, Dolors Montserrat, today emphasised the importance of “strengthening consumer confidence” within the European Union, as this in turn strengthens the confidence placed in our European Community, in our legal system and in our society. This took place at the plenum of the Spanish Congress of Deputies, which today approved the Draft Project incorporating the Directive on the Alternative Dispute Resolution in Consumer Affairs into the Spanish legal system, with wide parliamentary support.
This incorporates Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 into Spanish legislation and is intended to guarantee the option to resolve disputes with businesses established in any Member State of the European Union to all consumers resident in the EU.
This Law is the first from the Ministry of Health to be approved during this legislature. The Minister explained that the strengthening of consumer confidence is due, among other things, to the free access to an extra judicial system for the settlement of conflicts arbitrated by accredited bodies including in a single European Union list; consumers are offered greater guarantees and faster resolution; and, in addition, access to this option is an alternative to court proceedings.
RESOLVING DISPUTES WITH TRADERS FROM ANY MEMBER STATE
The purpose of the project is to contribute, with a high level of consumer protection, to the proper functioning of the interior market, thus ensuring that in the European Union it is possible to access out-of-court consumer dispute resolution proceedings which are independent, impartial, transparent, effective, fast and fair.
This regulation will help consumers to find a solution to possible problems derived from their contracts with traders without needing to resort to judicial proceedings. The resolution proceedings, the results of which may or may not be binding, will also be available free of charge, and will be transparent, simple, fast and fair, guaranteeing impartiality.
With this objective, the regulation establishes the requirements to be met by the entities responsible for managing the alternative resolution so that, if requested, they can be accredited and included in the national list drawn up by the Spanish Agency for Consumer Affairs, Food Safety and Nutrition (AECOSAN), who, in turn will notify the European Commission for its inclusion in a single European list.
TRANSPARENCY, CONFIDENTIALITY AND DATA PROTECTION
The purpose of the requirements established by the project for the entities wishing to be accredited by the competent authority are to ensure that the consumer has the maximum information and that their rights to confidentiality and data protection are observed.
As regards transparency, the entity is obliged to publish details on their Web page including the types of disputes they are competent to deal with, the languages in which complaints can be submitted, the average length of the procedure and the persons in charge of the dispute resolution.
The professionals who resolve disputes should act with independence and impartiality and shall accredit their knowledge in consumer protection affairs. In the event of a conflict of interest, these persons shall abstain from continuing with the proceedings. The acceptance of the proceedings managed by these entities shall be voluntary, unless there is a regulation establishing their mandatory nature.
In addition, and to ensure the effectiveness of the procedures, the regulation establishes a maximum of 90 calendar days from the submission of the claim.
The disputes referred to in this project are disputes of a national or cross-border nature arising between a consumer and a trader, stemming from sales or service contracts, agreed in person, electronically or by telephone…
The following are excluded from the scope of the draft legislation: non-economic services of general interest, claims referring to health-related services and claims directed at public providers of complementary or secondary education. Disputes between traders, direct negotiation between the consumer and the trader and procedures initiated or handled by the traders are also excluded.
“THE EUROPEAN PROJECT IMPROVES AND PROTECTS US”
To conclude, the Minister thanked all the parliamentary groups for their important contributions, their dialogue and their support of this Law. This Law is a clear example of how our European project exists and works, and especially, improves and protects us.