Consumer Policy Section: What's New

Consultation on proposed EU Directive on Alternative Dispute Resolution (ADR) for Consumer Disputes and on proposed EU Regulation on Online Dispute Resolution (ODR) for Consumer Disputes

The Department is seeking views on the proposal for a Directive of the European Paliament and of the Council on Alternative Dispute Resolution (ADR) for Consumer Disputes (PDF, 85 KB) and on the proposed Regulation of the European Parliament and of the Council on Online Dispute Resolution (ODR) for Consumer Disputes (PDF, 248KB).

The European Commission Communication on " Alternative Dispute Resolution for consumer disputes in the Single Market" (PDF, 169KB) issued on the 29th November 2011 adopted a proposal for a Directive on Alternative Dispute Resolution (ADR) for consumer disputes and a further proposal for a Regulation on Online Dispute Resolution (ODR) for consumer disputes. In introducing these legislative proposals, the Commission has advised that its intention is aimed at making it easier for consumers to secure redress in the Single Market, whether they are buying online or offline and thus contributing to growth and economic stability through enhanced consumer demand.

Further information on the consultation is available here and additional information on proposed regulation is available on the European Commission’s website.

Views can be submitted by e-mail to conspol@djei.ie or by post to Competition and Consumer Policy Section, Department of Jobs, Enterprise and Innovation, Earlsfort Centre, Lower Hatch St, Dublin 2. The closing date for the receipt of submissions is Friday, 20^th January 2012.

Consultation on proposed EU Regulation on a Common European Sales Law

The Department is seeking views on the proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law (PDF, 308KB) recently published by the European Commission.

The aim of the proposed Regulation is to facilitate cross-border transactions in the Single Market by establishing a ‘second regime’ of contract law that will be common to all EU Member States. The existence of such a regime would, it is contended, reduce the burden on traders resulting from the need to familiarise themselves with different national contract law systems, and also give consumers greater confidence that their rights would be protected in transactions with traders from other Member States.

Further information on the consultation is available here and additional information on proposed regulation is available on the European Commission’s website.

Views can be submitted by e-mail to conspol@djei.ie or by post to Competition and Consumer Policy Section, Department of Jobs, Enterprise and Innovation, Earlsfort Centre, Lower Hatch St, Dublin 2. The closing date for the receipt of submissions is Friday 6 January 2012.

Sales Law Review Group

The Sales Law Review Group was established in November 2008 to review the legislation governing the sale of goods and supply of services. Its report was published on 14 October 2011 and can be found at http://www.djei.ie/publications/commerce/2011/saleslawreviewgroupreport2011.pdf

(PDF, 3.8 MB )

Machinery Regulations (pesticide application)

The Minister for Jobs, Enterprise, and Innovation, made the following Regulations, which were signed into law on 23rd June 2011 – S.I. No. 310 of 2011 – European Communities (Machinery)(Amendment) Regulations 2011.

These Regulations transpose Directive 2009/127/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2006/42/EC with regard to machinery for pesticide application. Directive 2006/42/EC was transposed by way of S. I. No. 407 of 2008 (the Machinery Regulations). The Machinery Regulations place a responsibility on Member States that all machinery covered by the Regulations can only be placed on the market if they satisfy the provisions of the Directive and do not endanger the health and safety of persons and where appropriate domestic animals or property. The present Regulations amend these Regulations by adding specific rules on the placing on the market of machinery for pesticide application.

Timeshare Regulations

The Minister for Enterprise, Trade and Innovation, made the following Regulations which were signed into law on 22 February 2011. The Order comes into effect from 23 February 2011.

S.I. No. 73 of 2011 European Union (Protection of Consumers in Respect of Timeshare, Long-Term Holiday Product, Resale and Exchange Contracts) Regulations 2011 (PDF, 165KB)

These Regulations transpose Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (PDF, 464KB) and revoke European Communities (Contracts For Time Sharing of Immovable Property - Protection of Purchasers) Regulations 1997 (S.I. No. 204 of 1997) and European Communities (Contracts for Time Sharing of Immovable Property - Protection of Purchasers) (Amendment) Regulations 2000 (S.I. No. 144 of 2000), which transposed the original timeshare Directive 94/47/EC.

The new Regulations are concerned with the information on the constituent parts of a contract that have to be provided by the trader to the consumer and arrangements for communication of that information so that the consumer can have all the information necessary to make a decision and obtain a contract in his/her language of choice, provided it is an official language of the European Community.

Toy Safety Regulations

The Minister for Enterprise, Trade and Innovation, made the following Regulations, which were signed into law on 20th January 2011 –

S.I. No. 14 of 2011 – European Communities (Safety of Toys) Regulations 2011 (PDF, 194KB)

These Regulations transpose Directive 2009/48/EC on the safety of toys (PDF, 994KB). The Directive prohibits the placing of toys on the market unless they are safe, and updates the safety requirements. It also sets down a requirement to ensure risk assessment is carried out for toys. The Regulations make provision for the appointment and monitoring of Notified Bodies and for the appointment and functions of the National Consumer Agency as the Competent Authority responsible for enforcing the Regulations and the carrying out of market surveillance. The penalties applicable to breach of these Regulations have been updated and increased.

Toys placed on the market prior to the making of these Regulations are covered by S.I. No. 32 of 1990 which sets out the safety requirements applicable.

These Regulations revoke and replace the European Communities (Safety of Toys) Regulations, 1990 (S.I. No. 32 of 1990).