Class Action in Consumer Protection (EU Law)

The Council of the EU today reached agreement on a draft directive on representative actions for the protection of the collective interests of consumers.

The draft directive is here.

The directive empowers qualified entities, such as consumer organisations, to seek, in addition to injunctions, also redress measures, including compensation or replacement, on behalf of a group of consumers that has been harmed by a trader in violation of one of the EU legal acts set out in an annex to the directive. These legal acts reflect recent developments in the field of consumer protection and extend to areas such as financial services, travel and tourism, energy, telecommunications and data protection, in addition to general consumer law.

Member states shall, for the purpose of representative actions for redress, be free to choose between an opt-in and an opt-out system. In an opt-in system, consumers will be required to express their wish to be represented by the qualified entity for the purpose of a particular representative action. In an opt-out system, consumers who do not wish to be represented by the qualified entity for the purpose of a particular representative action will be required to make a statement to that effect.

Member states will have 30 months from the entry into force of the directive to transpose it into national law, as well as an additional 12 months to start applying these provisions.

The directive will apply to representative actions brought after the date of application.

On the basis of the agreed text, the Council will start negotiations with the European Parliament with a view to exploring the possibility of an agreement for the swift adoption of the directive at second reading (“early second reading agreement”).

UKCA Mark (UK Brexit)

Exit day is 31st October (this is the date in a Statutory Instrument)

Please remember the UK is bringing in a new UKCA Mark, applicable after Exit day.

The Feb issued instructions on UKCA Mark are here.

This applies to certified goods sold in the UK.

Please follow the links carefully, as some goods will require the UKCA Mark immediately after Exit day.

Other goods will be able to continue with the CE Mark for a limited period.

Construction Products Regulation (UK Brexit)

Exit day is 31st October.

HMG has today published its updated instructions for Construction Products Regulation.

Here.

Note : (this is not a full list)

(1) All existing European harmonised standards will become UK ‘designated standards’. This will mean that immediately following the UK’s exit from the EU, the European harmonised standards and UK designated standards will be identical. The government will publish and maintain the list of UK designated standards. This will be a UK-wide approach with the standards applying at UK level.

(2) Goods legitimately affixed with CE marking already on the UK market before the UK leaves the EU will be able to continue to circulate in the UK.

Additionally, goods which are made and assessed against EU harmonised standards and legitimately carry the CE marking can continue to be placed on the UK market. It is intended that these arrangements will be for a time-limited period, but the Brexit Law itself does not limit the duration of this provision. Products being placed on the UK market in this way must be compliant with the obligations of the EU’s Construction Products Regulation.

(3) Manufacturers will not need to use the new UK mark if they have complied with the EU requirements and affixed CE marking, having had any required third-party conformity assessment activity undertaken by an EU recognised notified body. As set out above, it is intended that these arrangements will be for a time time-limited period.

Please read the full instructions.

The Construction Brexit Law instrument referred to above is included in the Brexit Law, Cardinal is currently consolidating into base text, and supplying to subscribers to Cardinal Environment EHS Legislation Registers & Checklists.