Brexit : Transposition of laws – What’s the point if enforcement is weak?

The 5 December 2017 Consumer Congress focused on issues relating to market surveillance and enforcement, one of the principal messages from the April Consumer Congress and an often-overlooked element in the market place that is vital to the success of the market and to consumer trust. More specifically, as Baroness Judith Wilcox, President of the NCF, stated in her introduction, the objective was to drill down into the issues surrounding enforcement and market surveillance; to expose weaknesses and to celebrate successes; to recognise constraints, but to come up with innovative ways forward to ensure that good businesses thrive and poor performers either improve to become good businesses, or pay the price for their failures.

The Congress outputs are now being taken forward by the NCF Enforcement Alliance to ensure that consumer protection meets consumer expectations post Brexit.

NCF Enforcement Congress Report 5 December 2017

The European Commission is asking the question “The Services Package: Is the EU on the right track?” As President of ANEC, the European Consumer Voice in Standardisation, I presented a consumer view to a policy dialogue at the European Policy Centre on 1 March 2017. Although this EU initiative on the delivery of services within the EU focusses mainly on barriers for professionals, it is possibly a step forward for consumers.  However, our primary concern is that there is still no legal framework to ensure the safety and fitness for purpose of EU services.

More and more service provision is cross-border, with most consumers believing the rules on safety are the same across the EU. Unfortunately they are not, so many service providers do not take the needs and expectations of consumers properly  into account.

Without a European legal framework for quality, safety and liability of services, European standards will not be able to provide a level playing field for businesses and consistent protection for consumers. With national regulations continuing to take precedence, the result will continue to be legal uncertainty as well as business and consumer detriment.