Poland - Polish Presidency in the EU - UOKIK's tasks

Increased rights for online buyers, effective resolution of disputes with  entrepreneurs, improvement of product safety - these are the priorities of the Office of Competition and Consumer Protection during Poland's Presidency in the Council of the European Union.

A low level of trust regarding cross-border purchases, varying levels of consumer protection in EU countries, lack of knowledge on  consumer regulations in force in other countries - these are the main causes discouraging consumers from purchasing outside the borders of their country. In answer to the question - If you had to purchase the following products, would you purchase them from a seller operating in another EU member state?  - the majority of Poles responded "no". 41 percent of Polish consumers replied "no" in the case of IT and communications equipment (e.g. computers or televisions), and 45 percent regarding household appliances - according to an EU study.* This is why, one of the priorities during the Polish Presidency will be to strengthen the position of weaker market participants, especially those purchasing online and outside the enterprise's premises (e.g. from a doorstep seller).

On 1 July 2011, Poland takes over the rotating Presidency of the Council of the European Union. This means, among other things, that it will lead the work of the Council and represent the Council before the European Commission and the European Parliament, and will be  host of the majority of EU events. This is also an occasion to present the policy priorities concerning the protection of weaker market participants. The Presidency plans first of all to initiate or continue the following works:

• alternative methods of  disputes resolution (ADR) - are a crucial element of the consumer protection system which the EU has been building for years. This is a cheap and effective method for exercising rights, and  also a shorter route than proceedings before a common court of law. Unfortunately, it is still met with scant interest on the part of consumers - resigning from exercising their rights and of entrepreneurs - not agreeing to an amicable form of dispute resolution. Consumers must be assured that in the event of problems with entrepreneurs they can effectively resolve disputes without availing themselves of a frequently drawn-out legal proceeding, Whereas entrepreneurs - by agreeing to this form of dispute resolution - follows increasingly common corporate social responsibility standards which has become a factor shaping competitive advantage. The Presidency will start works on legislative proposal on alternative  dispute resolution in the EU.
• directive on package travel, package holidays and package tours (package travel) - this is an extension of the basis for legal defense guaranteed by the directive of 1990, which no longer suits the realities of the market. 20 years ago, the most popular type of holiday was a two-week holiday reserved in a travel agency. At present, this form has given way to so-called dynamic packages - i.e. packages clients created by clients online. For example: a consumer may reserve a flight on one webpage, then be directed to a partner website to select a room in a hotel and rent a car. The currently binding regulations do not guarantee effective legal protection. This is why it is necessary to modernize the provisions of the directive, eliminating legal loopholes, inconsistencies, and simplifying already-existing regulations. The Presidency will strive for commencing works on the directive’s revision.
• directive on general product safety - works will aim at  simplification and improvement of the existing market surveillance system, in order to  ensure that consumers can be certain the products they purchase are safe regardless of their country of origin. This is also a way of ensuring a more effective market surveillance system in the EU, and the monitoring of accidents and injuries caused by products. The new solutions will allow authorities to operate in conditions of increasingly rapid technological development, which on the one hand guarantee many new products, and on the other - create a danger associated with the increasing application of new materials and substances.
• Consumer Policy Strategy for 2014-2020 - opening of works on the new document which will determine the EU challenges in the field of consumer protection  and necessary legislative changes in the years to come.

In the second half of 2011 the directive on consumer rights will also be formally adopted. The document was recently voted by the European Parliament’s Internal Market and Consumer Protection Committee (IMCO). The regulations apply to distance (e.g. concluded through the Internet) and off-premises contracts (e.g. purchase from a doorstep seller).  They assume, inter alia, the possibility of withdrawing from an agreement within 14 days in all EU countries (at present, the so-called “cooling-off” period varies by country, and is between 7 and 14 days - in Poland, 10). Furthermore, in accordance with the directive, the entrepreneurs will not be able to burden the consumer with additional costs for the use of a credit card, e.g. when purchasing airline tickets online.

Apart from legislative activities, the Office is also organizing a meeting with the heads of European Competition Authorities (Warsaw, 5-6 July 2011) and European Competition and Consumer Protection Day (Poznań, 24-25 November), during which we will remind weaker market participants that they are main beneficiaries of the actions taken by the antimonopoly agencies. The aim of the conference will be to discuss and look at the issues of restrictions of competition and their impact on consumer welfare from different points of view – of the competition authorities, academics, entrepreneurs and consumer organizations.

We also invite you  to visit the website of the UOKiK where you will find all the information on UOKiK’s activities taken in the context of the Polish Presidency.

Read the press release.