BREXIT: SECURING A POSITIVE OUTCOME FOR

Transcription

1 The Cnsumer Vice in Eurpe BREXIT: SECURING A POSITIVE OUTCOME FOR CONSUMERS Cntact: Mnique Gyens directrsffice@beuc.eu BUREAU EUROPÉEN DES UNIONS DE CONSOMMATEURS AISBL DER EUROPÄISCHE VERBRAUCHERVERBAND Rue d Arln 80, B-1040 Brussels Tel. +32 (0) cnsumers@beuc.eu EC register fr interest representatives: identificatin number C-funded by the Eurpean Unin Ref: BEUC-X /02/2017 1

2 WHY THESE GUIDELINES Cnsumers frm acrss the EU benefit frm rights and prtectins that have been established at a Eurpean level, whether n fd, air passenger rights, ty safety, prtectin against unfair cntract terms t cling ff perids fr nline sales. The enfrcement f these rights ften invlves Eurpean authrities r netwrks f natinal authrities that cperate t prvide a strng framewrk t supervise markets. There is a risk that cnsumers in the UK and in the EU see vital rights and prtectins watered dwn if the UK s negtiatins fr exiting the EU as well as the subsequent trade negtiatins d nt grant specific attentin t cnsumers. It is essential that a gd utcme fr cnsumers is secured n bth sides f the Channel. This paper sets ut the guiding principles that negtiatrs shuld fllw in rder t ensure that cnsumers bth in the EU and the United Kingdm d nt lse ut as a result f the negtiatins. These principles shuld guide the discussins at all stages f the negtiatins that are t be held by the EU and the UK, be they the strict exit negtiatins r the subsequent trade deal talks. KEY PRINCIPLES TO GUIDE THE NEGOTIATIONS The fllwing principles shuld guide the negtiatins t ensure that a gd utcme is secured fr cnsumers as the UK leaves the EU: Gvernance f negtiatins: cnsumers must be at the heart f the negtiatins Cnsumer cnfidence is fundamental fr thriving markets and fr ecnmic grwth. Therefre, cnsumer interests must be understd and addressed frm the utset f the negtiatins. This implies the fllwing actins n behalf f the negtiatrs: Include a specific cnsumer analysis in any impact assessment, especially related t retail prices, exchange rates, safety and quality standards. This analysis shuld detail the distributinal impact n different cnsumer grups, particularly mre vulnerable cnsumers, bth in the UK and in the EU. Invlve cnsumer representatives in any advisry grups that are established arund the negtiatins, ensuring a balanced view. Implement strng transparency principles related t availability f negtiatin psitins. 1

3 4 ver-arching principles t guide negtiatin: fcus n ensuring cnsumer trust Acrss the different sectrs t be negtiated between the UK and the EU, implementatin f the fllwing ver-arching principles will cntribute t safeguarding cnsumer trust bth in the EU and in the UK market: Cnsumers must have cntinued and affrdable access t gds and services frm an pen market place: negtiatins must aim at minimising cnsumer detriment. Pssible tariffs and qutas n prducts and services sld between the EU and UK after Brexit wuld restrict cmpetitin and harm cnsumers. Ensure essential cnsumer rights are maintained: many f the rights that cnsumers have cme t expect (e.g. fd safety, chemical safety, ty safety, prduct and cntract infrmatin, and data prtectin) are currently shaped and determined at an EU level. These standards were designed with a strng and pragmatic cntributin f the UK. Cnsumers need t be cnfident that they still will have access t gds and services frm EU/UK withut their rights being dismantled. Safeguard cnsumer prtectin and safety: it will be vital that a rbust system fr prduct safety and standards is maintained and that key principles, such as the precautinary principle, are nt undermined. A rbust and ambitius system f cnsumer enfrcement: glbal markets need c-rdinated enfrcement and systematic dialgue between regulatrs, s it is key that while UK regulatrs might nt be part f the EU wide enfrcement/supervisin framewrk anymre, the effectiveness f the enfrcement system must nt be watered dwn. This will be imprtant at bth a dmestic and crssbrder level, as markets will cntinue t remain glbal and will need a crdinated enfrcement respnse. Cperatin will cntinue t be critical. The negtiatins must include prvisins related t dialgue between natinal regulatrs and market surveillance authrities. They shuld als ensure that cperatin mechanisms are established between the EU and EU Member State agencies and enfrcement bdies and the equivalent UK bdies and agencies. A snapsht f cnsumer-related cmmitments that shuld be champined in the negtiatins: Parties shuld cmmit t respecting their mutual right t adpt cnsumer prtectin rules: the right t regulate dmestically in the public interest shuld be a pillar f the EU/UK agreement. Investment prtectin prvisins shuld nt allw fr private arbitratin curts t handle disputes between investrs and the public authrities. And in any case, cmpensatin claims by investrs challenging cnsumer prtectin legislatin shuld never be admissible. Data prtectin safeguards must be prvided, s that flw f data between the EU and the UK is in line with the data prtectin legislatin in frce at EU level. Access f cnsumers t redress mechanisms must be safeguarded: Cnsumers access t justice is key t grant any significance t their rights. The EU have set up a framewrk fr ADR mechanisms that have been put int practice. It is key that UK and EU cnsumers cntinue t have access t redress mechanisms in crss-brder situatins. 2

4 WHAT COULD BREXIT MEAN FOR UK AND EU CONSUMERS IN PRACTICE? The UK s future exit frm the EU culd have significant implicatins fr cnsumers n bth sides f the Channel. Belw, we prvide examples t illustrate hw cnsumers can be affected: UK cnsumers Raming When travelling t an EU cuntry, cnsumers may be expsed t high raming charges, especially n data raming. Crssbrder health-care When n hlidays r n a business r schl trip in an EU cuntry, cnsumers wh fall ill r have an accident can n lnger use the Eurpean Health Insurance Card, which prvides them easy access t the lcal health system. Air passenger rights Cnsumers travelling by plane, flying with a UK cmpany and departing frm the UK may n lnger be entitled t assistance r cmpensatin in case f cancellatin r delay f flights Buying nline frm an e- trader lcated abrad Payments The UK cnsumer will nt be able t invke the prtectin f strng UK cnsumer prtectin rights (return f faulty gds, refund in the first 30 days after purchase), if the e- cmmerce trader frm ne f the EU-27 cuntries has pted fr the applicatin f the law f their cuntry (very frequent) UK cnsumers might face high surcharges fr the use f certain payment methds (eg credit cards) Fd safety UK cnsumers might be expsed t watering dwn f rules related t fd safety and might n lnger benefit frm the regulatry EU cnsumers When travelling t the UK, cnsumers may be expsed t high raming charges, especially n data raming. When n hlidays r n a business r schl trip in the UK, cnsumers wh fall ill r have an accident can n lnger use the Eurpean Health Insurance Card, which prvides them easy access t the UK health system. Cnsumers travelling by plane and departing frm an EU cuntry may n lnger be entitled t assistance r cmpensatin fr cancellatin r delay f their return flight, if they bk with a UK cmpany EU cnsumers will cntinue t be prtected by their hme law regardless f chice f law clauses impsed by the UK traders as lng as these traders have targeted the cnsumer s cuntry in their marketing strategy. EU cnsumers are prtected by the ban n surcharges fr all payments made within the EU. They might be expsed t increased charges fr payments made in the UK EU cnsumers cntinue t benefit frm a cnslidated system f market surveillance and fficial cntrls. UK imprts are 3

5 Dangerus prducts cperatin f ther EU agencies in terms f cntrl and rapid alert systems The UK market surveillance authrities may n lnger frm part f the RAPEX system anymre and UK cnsumers might be mre expsed t dangerus prducts that have been recalled within the EU Chemicals UK cnsumers might be expsed t watering dwn f the standards set in the REACH regulatin, and might be cnfrnted with Investments dangerus chemicals cntained in numerus cnsumer prducts EU banks might lse their passprt t act n the UK market. UK cnsumers wh have invested with EU banks might face unexpected disruptins cvered by this framewrk and UK fd must cmply with EU rules. EU cnsumers travelling t the UK must be aware that the fd standards might nt be identical t thse in the EU. The rapid alert system (RAPEX) will cntinue t functin within the EU and will allw exchange f data between the EU supervisin authrities fr quick recall f dangerus prducts. Prducts imprted frm the UK wuld als be cvered by the framewrk EU cnsumers cntinue t benefit frm the prtectin ffered by the REACH regulatin. UK imprts must cmply with EU rules. EU cnsumers travelling t the UK must be aware that their expsure t dangerus chemicals might be higher in the UK UK banks might lse their passprt t act n the EU market. EU cnsumers wh have invested with UK banks might face unexpected disruptins END 4