CONSULTANCY: Updated laws and regulations for consumer protection

In present days, a complex and laborious process of development and adaptation of EU legislation on the consumer protection issues takes place. Under these circumstances, it is important to disseminate conclusive information on this phenomenon, especially in terms of new obligations for producers of construction materials. The rules in this area recently changed, and the new version will take effect from mid-2013. In fact, all the current changes will exercise significant legal consequences for all competitors in the industry. Among the most representative changes are noted  the new obligations regarding CE marking; the need to provide some evidence regarding the correlation between actual properties of products and the official accompanying documents; drafting documentation more complete; assuming full responsibility, including risks etc. The new regulation (CPR) aims to market surveillance activities, which is another provision that must be carefully considered and implemented. It is also vital to develop the perspective regarding consumer protection legislation, which is currently in draft on the table of EU authorities. This law will ensure, in the expert's opinion, a decisive influence on the mode of action of manufacturers in the future. From the start it must clearly indicate that it is of paramount importance to highlight the term "consumer" and, at the same time, to highlight the difference between the European understanding of the term and the meaning given to it by economic theorists in Germany. In the first sense, the concept is modeled on the ideas of "correct information" and "high confidence". At European Community level, the “consumer” is perceived as an individual, whose main objective is to safeguard the idea of a single European market, acting with confidence in that purpose. Conversely, in Germany the consumer is defined as the natural person actually involved in a transaction whose only purpose is neither commercial, nor directly linked to self-employment. In that position, it assumes a lower role, in structural terms. Due to prior exposure, the need to increase the protection of consumers is clear. This target can only be achieved through rapid adaptation of national legislation to the guidelines developed by the European Court of Justice. Unfortunately, the currently observed deviations can limit free movement of goods and services. For further information and a detailed analysis of the current Fereastra issue click here!