ROADMAP

Roadmaps aim to inform citizens and stakeholders about the Commission's work in order to allow them to provide feedback and to participate effectively in future consultation activities. Citizens and stakeholders are in particular invited to provide views on the Commission's understanding of the problem and possible solutions and to make available any relevant information that they may have.

Title of the initiative

A New Consumer Agenda

Lead DG – responsible unit

DG JUST - E1

Likely Type of initiative

Commission Communication

Indicative Planning

Q4 2020

Additional Information

This Communication is taking stock of EU consumer policy and setting out priorities for the coming years, also taking into account the context of the COVID-19 crisis and its aftermath. It will also refer to a number of legislative proposals envisaged for adoption in 2021.

This Roadmap is provided for information purposes only and its content might change. It does not prejudge the final decision of the Commission on whether this initiative will be pursued or on its final content. All elements of the initiative described by the Roadmap, including its timing, are subject to change.

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A. Context, Problem definition and Subsidiarity Check

Context

The current Consumer Agenda 1 dating back to 2012 expires in 2020. It needs to be updated in light of recent developments and current policy priorities. The European Parliament, Member States and other stakeholders have called for a new comprehensive vision on the role of consumers in the priorities of the von der Leyen Commission. This was reiterated at the Consumer Summit 2  in January 2020 bringing together stakeholders from authorities, consumer organization, and businesses. The need for a new governance system is also recognized in calls for a more holistic and coordinated approach to EU and national consumer policies, together with stepped-up enforcement.

The new Agenda will also look at the impact of the COVID19 pandemic on consumers and draw the lessons for the future consumer policy. It will build on the experience drawn from the immediate measures taken by Member States and the European Commission in response to problems such as cancellation of travel and events, rogue trading practices such as selling products with false health claims, unsafe products and increasing household debts. It will also address the role of consumers in the post-crisis economic recovery, as envisaged by the EU’s recovery plan 3 adopted on 27 May 2020. 

Problem the initiative aims to tackle

There are a number of challenges that the new Consumer Agenda should address:

1.The effective protection of consumer rights requires a new coherent vision on the role of consumers in key priority areas at Union level. This concerns, in particular the green and digital transitions; response to both traditional and new consumer vulnerabilities; effective enforcement of consumer rights; international cooperation with major partner countries and in the global context of the international economy recovering from the effects of COVID, and preparing for possible similarly unprecedented disruptions in the futureConsumer policy should be adapted to consistently and efficiently meet the needs related to these new realities.

2.Gaps in effective enforcement of consumer rights represent one of the main hindrances to a consistently high level of consumer protection in the Union, as the COVID crisis clearly demonstrated. Consistent enforcement of consumer rights is also crucial for a level playing field across the Single Market.

3.As consumer behavior increasingly transcends the borders of individual Member States, e.g. in increasing on-line purchases of goods and services or cross-border travel, disparities between national consumer policies, or a lack of clear priorities and structures at national level, limit the scope for intertwined and synergetic consumer policy action by EU and Member States. A strategic and operational framework for joint actions by both the EU and Member States authorities will be increasingly important in the future as digitalization removes barriers between national markets e.g. in on-line sales or other platform-based transactions.

4.The structures for stakeholder engagement on the future consumer policy need to be redesigned. The mandate of the European Consumer Consultative Group, the main consultation framework with stakeholders in this area, expired last year and has not yet been renewed, in anticipation of possible wider changes to the consumer policy framework. A new comprehensive framework for engaging stakeholders in consumer policy formulation and enforcement is thus needed.

5.The existing instruments for data collection and analysis should be improved. The current Consumer Scoreboard 4 and Market Monitoring Reports 5 need to be reassessed in the light of the need for data to better inform policy responses to the challenges in new priority areas and trends. 

The Communication will also cover issues addressed specifically through three sectoral initiatives planned for adoption in 2021, which are related to: 1) updating provisions in Directive 2008/48/EC 6  on consumer credit; 2) improving information on products to guide consumers purchasing decisions towards sustainable options; and 3) revising Directive 2001/95/EC 7  on General Product Safety, in light of risks brought by new technologies and online selling. Even if these initiatives will be presented in 2021, as set out in the revised Work Programme, it is important to address these issues in the broader context of the New Consumer Agenda, which will provide the policy framework for these initiatives and integrate their substance in the wider strategic context.

Basis for EU intervention (legal basis and subsidiarity check)

Article 169 TFEU 8 is the legal basis of this initiative, with due regard also to Article 114. Both imply shared competence. The green and digital transitions as well as other current EU policy priorities imply interdependencies and synergies at political and economic levels that cannot be efficiently tackled by single countries. Individually, Member State cannot address effectively the asymmetries between European consumers and commercial actors operating in EU’s internal market integrated in global economy. This requires a coordinated and coherent approach to consumer policy, anticipating markets' evolutions and ensuring optimal consumer outcomes in a fast-changing environment. While respecting the national competence in this area, the new Agenda intends to create closer dialogue between the Commission and the Member States as well as the EU and its international partners.  

B. What does the initiative aim to achieve and how

This communication aims to articulate a vision of the new EU consumer policy by formulating clear objectives, a long-term perspective, and a common framework for collaboration with the Member States and other stakeholders. This new strategic framework will develop objectives and measures in key priority areas: consumer empowerment in both the green and the digital transitions; protecting vulnerable consumers; enforcement of consumer rights; and international cooperation. Emphasis will be put on: providing better information to consumers and fighting disinformation, including in the new post-COVID context of evolving consumer vulnerability in the platform economy; ensuring consumers’ safety in both traditional and online customer relationships; and establishing clear responsibilities for all players. This holistic approach will also include the international dimension of the EU consumer policy needed to cope with global challenges and opportunities coming from digitalisation and the increasing need to shift to green economy.

The new Agenda should be based on efficient cross-border cooperation between Member States aimed also to overcome current enforcement gaps. To further improve the enforcement of consumers’ rights, the Agenda will include non-regulatory initiatives such as capacity building of and cooperation with national enforcement authorities.

To improve the coherence between action at EU and Member States level, a consistent approach to consumer policies and cooperation with the Member States will be needed in order to enhance policy-making, accelerate enforcement, and give political visibility to EU consumer policy. Reinforced cooperation with the Member States would allow to identify together both shared policy priorities and to develop consistent strategies at EU and national levels with mutual enhancing effects.

The Agenda will also review the existing approach to monitoring policy implementation and to evidence collection for policy-making with the aim of putting in place a more effective system of data collection on national consumer policies and the position of consumers across EU’s geographies and economic sectors in order to better inform the development of policy.

C. Better regulation

Consultation of citizens and stakeholders

The new Consumer Agenda will be discussed at various meetings with stakeholders, including the Consumer Policy Network, Consumer Protection Coordination Group, European Consumer Centres, as well as consumer and business organisations. Informal Ministerial conferences are planned by the current and forthcoming Council Presidencies.

An Open Public Consultation covering all essential elements is planned from June to September 2020, lasting 14 weeks. A synopsis report and a summary of all consultation activities' results will be published.

The new Agenda will replace the current consumer agenda, consumer policy principles and priorities in order to ensure better consistency with rapidly evolving markets and their challenges. However, the Agenda will not imply any need for new resources, either directly (no ad hoc financial measures will be included) or indirectly. Although the Consumer programme under the next MFF will take into account the new Agenda, the latter will not affect its structure or level of resource allocation. There is thus no need for an Impact Assessment. Separate Impact Assessments will be prepared for the legislative initiatives accompanying (and also supporting) the New Agenda.

Evidence base and data collection

There is a broad range of experience and data on which the initiative can be built, including from regular consultation with national authorities and stakeholders.

The Public Consultation will allow gathering further information on the nature and size of the problems highlighted above and on the suitability of the proposed approach to consumer policy.

For each of the three sectoral initiatives to which the Consumer Agenda refers, ad hoc evidence is being gathered through either evaluations (e.g. the Consumer Credit REFIT evaluations) or studies, Eurostat statistics, Consumer Scoreboard data, and will be enhanced by impact assessments and consultations with specific stakeholders.