Product and Services Consumer Protection Act
-
Product and Services Consumer Protection Act
Proposed by James Mizrachi-Roscoe
PREAMBLE
We the Sovereign member states of the EU understand the right to repair, reusability and consumer protection and honesty by sellers in the fight against environmental destruction and in the protection of the used market to advance the wealth and health of those on a lower income so they can buy used. In light of this we introduce this bill against restriction on right to repair for the consumerARTICLE I. DEFINITIONS OF TERMS
I.“Software” means anything that is not physical but in the operations of computers or programmes
II.“Hardware” means the mechanical or physical parts of a product.
“Schematics” means the diagrams of the product showing parts required and how they are laid out
III. “Transportation Equipment Goods” means any vehicle or carriage including Cars, Commercial Vehicles ,Scooters, Bikes , Pedi-vehicles, Buses, Caravans, Trailers , Train Cars , Trains ,Trucks, Planes and Ships of any size
IV. “Durable Product” shall mean any product that the European Consumer Protection Organisation deems should be expected to last a significant amount of time.*V:"European Consumer Protection Organisation" is the agency within the EU that shall be set up to ensure common standards between nations for a simpler consumer protection minimum framework and to be an arbiter of last resort in any disputes between individuals and the national consumer protection regulator that countries have chosen to implement consumer protection regulations in this bill.ARTICLE II. Right to Repair and Warranty
I. Every consumer has the right to expect any given durable product as categorised by the European Consumer Protection Organisation to last a reasonable amount of time but not less than 5 years as decided by the European Consumer Protection Organisation and must be under warranty for key parts of the product. This warranty must be transferable to future used purchasers of the product.Non Durable products are not included in this act.Products may be returned if after 3 attempts at repair for the same or similar issues the product cannot be repaired or if there is more the 6 repairs required within the warranty period providing the warranty has not been voided by user modification.
II. Anyone has the right to request schematics for a product to allow them to service and repair the product themselves as long as it is a safe and reasonable repair.
III. Manufacturers must make a reasonable effort sell parts to products at a reasonable price that allows economic repair for any product over €20 and after that allow any company to manufacture parts for the product releasing the schematics if they do not wish to do so themselves.If a manufacturer cannot make parts for a product economically after purchase they must release schematics and allow other companies to produce the part.A company may limit schematics and parts to a trained or licensed professional if there is a legitimate safety issue.
IV. Companies must publish guides on how the software and hardware works and common issues of software and hardware and how to fix them. The company must keep logs of common issues and release this insight to independent repair sites and independent repairers. Highly customised or one off products or products made in small batches are exempted from the requirement to log issues and are only required to fix products within warranty periods.
V. Any device including software must be able to run with software support for security and vital core features for at least 10 years following the date of purchase.However there is no requirement for said software to run all apps or programmes after 5 years.
VI. Accidental breakage or damage caused by accidents may void any warranty or responsibility for repair on the part of the manufacturer or retailer.Likewise a manufacturer or service centre may charge for reasonable wear and tear.
VII. The retailer is responsible for repairs on items over €500 unless they go bankrupt or do not have the capabilities to repair the item in which case the manufacturer then becomes responsible. Any issues resulting from manufacturing or design defects the repairs must be covered by the manufacturer even if the retailer organises the repair.
VIII. Any consumer may modify and copy any product they own for personal use though this may void the warranty.
IX. Used retailers or those trading second hand goods may sell without an expectation to provide service or a warranty.
X .National standards have the right to exceed standards set by the European Consumer Protection OrganisationARTICLE III. Trade Description and Right of Return
I.All products must be accurately described and any claim must be met or exceeded by the product. Any product that does not meet this criteria can be returned within 30 Days or 180 Days for technology or transportation equipment goods.
II.During warranty period manufacturers and retailers have 2 attempts to repair the item and the item must break no more than 3 times in the warranty period beyond reasonable wear and tear as long as the user is following the user manual on maintenance and repair. If these conditions are not met then the consumer has a right to a refund or equivalent value replacement based on inflation.
II. The consumer has a right to return online goods within 14 days from delivery and to return any product that does not provide an accurate description of the product or its uses.
III:Any return of a product must not affect consumer rights to return in the future
IV:National standards have the right to exceed standards set by the European Consumer Protection OrganisationARTICLE IV Services
I.Services must be accurately described and meet a reasonable expectation based on the description of the service.
II.Telecoms must offer good coverage and access to the consumer within their country and if it does not offer reliable coverage and advertised data speeds and reception the customer may cancel within 60 days or if service quality deteriorates to a point it is unusable.
III. Any user may cancel without penalty services within 60 Days if it does not meet sections I or II of Article III.
IV:National standards have the right to exceed standards set by the European Consumer Protection OrganisationARTICLE V . Product Safety
I.All products must be safe to use as long as the user follows reasonable recommended safety protocol in the user guide while in ordinary operation to meet its advertised use case.
II.National standards have the right to exceed standards set by the European Consumer Protection OrganisationARTICLE VI. Enforcement
I.A new European Agency called the European Consumer Protection Organization shall set guidelines and deal with any disputes between consumers, government agencies tasked at implementing this law, and companies as an arbiter of last resort. The decisions of this agency shall be final but may be appealed within 3 years. .The Organisation shall be run by a council consisting of 2 experts appointed from every member nation of the EU who will then select 2 experts for any sub-councils that may be formed. These will make decisions based on expert advice and experience in areas such as warranty periods, return periods , what counts as reasonable wear and tear , what is a safety issue(in handling complaints on safety) and reasonable precautions on a product for safety as well as what counts as durable and non-durable. Decisions by the European Consumer Protection Organisation shall be binding though may be appealed if two or three nations object and put to a vote where national governments may register their voting decision on an issue.
II. Each member state of the EU shall have a seat in the European Consumer Commission assigned to the head of the country's agency tasked at enforcing this law.
III. Every nation shall assign a government agency tasked at fulfilling and enforcing the contents of this act.
IV. National laws must change to reflect this act within 180 Days.
V. Failure of a nation to enforce this law may be tried in the European Court of Justice. -
Debate begins NOW and will continue until 00:52 GMT on the 7th of February, 2022.
This legislation will establish a "European Consumer Protection Organization," which will place regulations on the quality of consumers' goods and service. It will also require the release of schematics for goods upon request by members of the public, or in cases requiring expertise limiting this to certain professionals, and the sale of replacement parts for all products "at a reasonable price." It requires companies to document and publish guides on common issues and possible solutions for the use of consumers, while also requiring all devices to be able to function for ten years, with "all apps and programmes" being compatible for at least five years. It also establishes a right to return for all goods, as well as requiring warranties for certain products.
My concerns, from a European point of view primarily come from the slim details regarding the "European Consumer Protection Organization," which is referred to and then not described at all, and the "European Consumer Commission," which I assume is what the ECPO is supposed to be, but with a different name. Such an organization should have well-defined protocols, particularly one with such wideranging powers. I will later be proposing amendments to rectify this, to make consistent the naming and to define the functionings of the organization itself, especially in regards to how it might vote. I also don't think it is good to require one specific agency to be assigned or created to enforce these regulations; I feel that this is better left to the member-state, or if the member-states choose, the organization to be created.
Secondly, I think that it is somewhat bizarre to define specific periods of time and numbers as regulations of this act; would this not be better left to the organization in the future? Another amendment I am likely to propose.
From the point of view I hold as a representative of my nation - we do not really have any problems in regards to the regulations, most are already in law; but we would prefer that this be legislated on at a national level. Legislation of this sort is likely to ignore certain national differences - the EU is a diverse union, in economic structures and cultures, and this will affect even the concepts that this bill refers to.
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen -
I thank the right honourable Lady for her comments and am happy you are are in broad support. I can see the error therefore I shall suggest the following ammendments.
ARTICLE I. DEFINITIONS OF TERMS
I.“Software” means anything that is not physical but in the operations of computers or programmes
II.“Hardware” means the mechanical or physical parts of a product.
“Schematics” means the diagrams of the product showing parts required and how they are laid out
III. “Transportation Equipment Goods” means any vehicle or carriage including Cars, Commercial Vehicles ,Scooters, Bikes , Pedi-vehicles, Buses, Caravans, Trailers , Train Cars , Trains ,Trucks, Planes and Ships of any size
IV. “Durable Product” shall mean any product that the European Consumer Protection Organisation deems should be expected to last a significant amount of time.
V:"European Consumer Protection Organisation" is the agency within the EU that shall be set up to ensure common standards between nations for a simpler consumer protection minimum framework and to be an arbiter of last resort in any disputes between individuals and the national consumer protection regulator that countries have chosen to implement consumer protection regulations in this bill.ARTICLE VI. Enforcement
I.A new European Agency called theEuropean Consumer CommissionEuropean Consumer Protection Organisation shall set guidelines and deal with any disputes between consumers, government agencies tasked at implementing this law, and companies as an arbiter of last resort. The decisions of this agency shall be final but may be appealed within 3 years. -
I believe at least in setting return periods or cancellation periods that should be set in parliament to make it hard to reduce those periods as it would then require a vote likely resulting in outrage at whoever votes to reduce people consumer rights. By setting this in the act itself consumers are protected against regulatory agency capture by bad corporations. Also this really does stop nations from exceeding the times stated in this act as it is stated in every section countries may choose of their own volition to set a longer period for their country or extra protections above the European basic standard . This merely sets out the minimum period which is reasonable.
James Mizrachi-Roscoe, Councillour for United Duchies
-
"Apart from the immensely concerning irregularities and phrasing issues in this Act -- which would need a large overhaul to be legally sound -- the Empire of Inimicus also sees a large amount of issues with the content of the proposal. I shall give a brief overview of our concerns for everyone's benefit, although please note that this list is by no means exhaustive.
Article II.I, what kind of products are we talking about here? I don't know about other members of this Council, but with the amount of angry tweets I receive, there is no way my phone would last more than five years. Perhaps more to the point, if I had to send back my phone for repairs three times before I can return it and get a refund, I may as well give up my job. A hugely impractical part of this Act.
Article II.VI, is this an error on behalf of Cllr Mizrachi-Roscoe? That companies may charge for reasonable wear and tear? If so, it needs to be corrected. In Inimicus, wear and tear is enshrined in consumer rights and no company can charge you for scuffs and scrapes on your laptop if you've been using it for a decade.
Article II.VII makes reference to €500 as the threshold at which retailers become responsible for repairs, without any consideration for wealth differences within our region. In the Duchies, €500 might be the sort of amount one hands to a homeless person on the street. In North Diessen, it's the better part of a month's wage. Maintaining a single threshold like this is folly.
The same section shoves off responsibility for repair to the manufacturer in case the retailer "does not have the capabilities" to carry out repairs themselves, an immensely vague term that, if we know anything about retailers at all, will no doubt result in virtually all repair jobs being sent back to manufacturers. A glaring issue in this proposal.
Article III.I lacks significant clarity. Described and claimed by whom? In relation to what?
Article III.II muddles the waters with the aforementioned three repair attempts of a product. How many times does Cllr Mizrachi-Roscoe think I should send my phone back to ArtiePhones LTD before I can reasonably request a refund? Interestingly, the mention of wear and tear in this clause seems to contradict Article II.VI.
Article IV.II deals in terms that are not specified in the Definitions. More to the point, it completely ignores the vast wastelands that are present in many of our nations. What would prevent me, I ask Cllr Mizrachi-Roscoe, from buying a Roscoes phone, trekking to the deserts of Dromund Kaas, and then complaining I do not have accurate coverage? The Act does not restrict this.
Finally, the structure and organisation of this European Consumer Protection Organisation are completely undefined. I see this, and I'm sure many with me, as yet another European organisation that will promise the world, and deliver naught.
There are other clauses of this Act that, for brevity, I will not cover in detail, but which the Empire finds hugely objectionable. These include Article II.III, II.VIII, II.X, Article III.IV, III.III, III.IV, Article IV.III, and Article V.I.
Cllr Nicholas Benfield
Deputy SpeakerThe Empire of Inimicus
Head of State/Government: Emperor Artabanos (EU Hall of Fame 2021)
Vicarius (Deputy): Wilfred Cocx
Deputy Speaker of the European Council: Nicholas Benfield -
I will adress as many of the concerns as I can , for a expensive phone I absolutely would expect it to last 5 years or more and get software support and thats the same for any major purchase thats costs many 100's of Euros. In fact I wouldn't buy it for my kids or myself otherwise as it adds to the mountains of E-Waste we already have and that many countries are currently rejecting because its simply too much and its currently impossible to repair yourself or get independent repair centres to do so in many cases because of issues with parts supply and schematics. However in recognition politicians are not total experts this definition would be left up to the European Consumer Protection Organisation and one of its first roles it would have to perform. I cannot see any other way especially as new product categories come out every day so being overly specific might result in future product classes we don't know of not being covered in the future which I'm sure you'll agree we don't want to constantly be having to come back ever year or two or even possibly every 6 months just because we need to add a new category .
As for article II:V IIagree €500 does indeed mean different things to different people in Europe.There needs to be clear lines for retailer and manufacturer responsibility . When consulting which I may add we did widely and this act was sent around councillors widely before hand to address any concerns something I note we didn't see any from the right honourable gentlemen at this stage of crafting the bill this was seen as a decent compromise by most. If the right honourable gentleman sees fit to reduce this to a lower amount I have absolutely no issues but I want in as many cases as possible for the retailer to be picking up the responsibility to protect the consumer more . There were concerns retailers would not be able to handle all repairs especially complicated ones so in that case they may send it off to the manufacturer . It is likely many companies will take responsibility on products lower than the €500 anyway voluntarily as a goodwill gesture to the customer or to enhance customer service. I know Roscoes generally tries to handle all repairs and processes for the repairs itself even if it needs to organise the sending of it to the manufacturer so customers have confidence they can just drop it in the mail to Roscoes or hand it in at the store and it will be handled , I suspect many will do the same but this just makes sure there is a clear delineation of responsibility.
Article II.VI if your standards are higher so as to not be able to charge for reasonable wear and tear then you can exceed this acts standards as stated many times in the act it just sets a minimum standard. Frankly I do not see how a company could protect against wear and tear fully as an example you do not expect a cars tyres it comes with to last 5 years and its not reasonable to expect a car manufacturer to cover replacing the tyres if they go in 1 year because one drove 100,000 miles but you should expect a core gearbox part to last more 3 years with regular use. This would all be defined by EPCO as stated in the act.I don't think a laptop company can be expected to keep a case scratch free for 5 years or more especially in a house with kids so that is reasonable wear and tear and if one pours tea over a laptop for example neither should manufactaurer be on hook for any damage from that accident though if they want to provide accidental damage cover or wear and tear cover for an additional cost or free they may of course do so, this act just would not mandate them to do so.
On article III is merely to ensure that any consumer rights are not affected by the customer returning a product a practise we saw by some companies in the Duchies before it was outlawed in the 1980's , I feel this is a fair thing to require of companies.
On Article III.II I don't see any contradiction as both say that manufacturer would not be on the hook for reasonable wear and tear something that is essential to stop silly claims being have to be paid out like for example saying the manufacturer should replace tires after a driver drove over 30,000 miles. or over particularly rough surfaces. I think it is also fair to require a few returns to fix an issue if it is not absolutely dangerous to give the manufacturer a chance to fix any issues , after all companies are run by humans and not perfect so its not possible to catch every minor fault and not allowing the chances to repair will only add to the e-waste problems we have , however if nations or companies want to require a more generous refund policy then they are free to do so this is just a minimum standard if a devie has 2 or 3 issues or the same issue comes up 2 or 3 times in the 5 years and its not wear and tear issues one would expect then it seems fair at that point to mandate a refund under consumer law to protect the consumer.
I can add a definition of services though this may be better that EPCO comes up with this on its own as again any major definition here could not cover something someone may invent in the future so vaguery may be somewhat appropiate in the this instance but generally would cover things like mobile plans, utilities , streaming music services and subscriptions that do not send out physical products for example.
On Article IV.II If the company does not cover that area yet claims to on the coverage map they would have to cancel the service when asked. Likewise if they sell a product over the phone and say yes your home is covered for example then they would also have to cancel the contract. If they don't however claim to cover an area of the country or have partners that do so then they would not be on the hook in that instance which is fair as they never claimed to be able to cover the person in that area. Though most companies seem to cover a vast majority of areas so it may not be as much of an issue to day. I've trekked to the top of the Hohlinies in the middle of nowhere and got signal before so its likely companies have some coverage in most places.
I have kept the structure of the European Consumer Protection Organisation deliberately flexible since it may need to change over time but I would expect it to have representatives from all nations on its council but that should be up to the member states and maybe not prescribed in the act itself. I do not think it should have too rigid a definition as this could lead to the act needing constant updating or to come back to the chamber if times change , maybe though you could propose an amendment that addresses this concern but overall I think being overly specific could actually hamper the effectiveness of the act or even prevent it passing as different national requirements get overlooked. I would have the same concerns about many parts of the act being specific it may pigeonhole to the degree that act cannot adapt to a changing products and markets and the EPCO would need flexibility to make new rulings on categories or what is reasonable wear and tear for a product based on recommendations, many of these a left flexible in Duchies law also for this precise reason we don't want to have to be returning to our act every 1 or 2 years to update it we'd rather trust our competent agencies and experts to deal with specifics and minutia. I'm sure the right honourable gentlemen would agree we do not want this act constantly having to be amended in this council because it was made far too specific and so didn't end up covering a new technology , service or product as a result. I invite the right honourable gentlement to propose amendments as he sees fit though that could perhaps have a way of achieving a little more specificity if he feels its needed.
On the other articles I think it is entirely reasonable one can expect a product to be safe if they maintain it to reasonable user guide requirements such as replacing components on schedule such as breaks. I fear if the act did not include allowing nations to exceed the standards of this act it would be seen as an attack on sovereignty which I know the right honourable gentlemen like myself values , some uniformity is good but if a nation seeks higher standards it can only be a good thing for all involved and they should have the power to do so in law.
James Mizrachi-Roscoe, Councillor for United Duchies -
I will l propose the following ammendment to clarify the role of the EPCO and consider some other amendments if the right honorable Innimicus Councillor could suggest a figure he thinks is more appropiate to a lower income nation then maybe let us know:
Ammendment 3:
ARTICLE VI. Enforcement
I.A new European Agency called theEuropean Consumer CommissionEuropean Consumer Protection Organisation shall set guidelines and deal with any disputes between consumers, government agencies tasked at implementing this law, and companies as an arbiter of last resort. The decisions of this agency shall be final but may be appealed within 3 years.The Organisation shall be run by a council consisting of 2 experts appointed from every member nation of the EU who will then select 2 experts for any sub-councils that may be formed. These will make decisions based on expert advice and experience in areas such as warranty periods, return periods , what counts as reasonable wear and tear , what is a safety issue(in handling complaints on safety) and reasonable precautions on a product for safety as well as what counts as durable and non-durable. Decisions by the European Consumer Protection Organisation shall be binding though may be appealed if two or three nations object and put to a vote where national governments may register their voting decision on an issue. -
Debate shall be extended until 05:30 GMT on 9 February 2022.
Iras Tilkanas
Councillor for the Republic of Istkalen -
Debate has ended. Voting on amendments will begin and continue until 22:50 GMT on the 14th of February, 2022. There are THREE amendments, all proposed by Cllr. Mizrachi-Roscoe.
AMENDMENT I
ARTICLE I. DEFINITIONS OF TERMS
I.“Software” means anything that is not physical but in the operations of computers or programmes
II.“Hardware” means the mechanical or physical parts of a product.
“Schematics” means the diagrams of the product showing parts required and how they are laid out
III. “Transportation Equipment Goods” means any vehicle or carriage including Cars, Commercial Vehicles ,Scooters, Bikes , Pedi-vehicles, Buses, Caravans, Trailers , Train Cars , Trains ,Trucks, Planes and Ships of any size
IV. “Durable Product” shall mean any product that the European Consumer Protection Organisation deems should be expected to last a significant amount of time.
V:"European Consumer Protection Organisation" is the agency within the EU that shall be set up to ensure common standards between nations for a simpler consumer protection minimum framework and to be an arbiter of last resort in any disputes between individuals and the national consumer protection regulator that countries have chosen to implement consumer protection regulations in this bill.AMENDMENT II
ARTICLE VI. Enforcement
I.A new European Agency called theEuropean Consumer CommissionEuropean Consumer Protection Organisation shall set guidelines and deal with any disputes between consumers, government agencies tasked at implementing this law, and companies as an arbiter of last resort. The decisions of this agency shall be final but may be appealed within 3 years.AMENDMENT III
ARTICLE VI. Enforcement
I.A new European Agency called theEuropean Consumer CommissionEuropean Consumer Protection Organisation shall set guidelines and deal with any disputes between consumers, government agencies tasked at implementing this law, and companies as an arbiter of last resort. The decisions of this agency shall be final but may be appealed within 3 years.The Organisation shall be run by a council consisting of 2 experts appointed from every member nation of the EU who will then select 2 experts for any sub-councils that may be formed. These will make decisions based on expert advice and experience in areas such as warranty periods, return periods , what counts as reasonable wear and tear , what is a safety issue(in handling complaints on safety) and reasonable precautions on a product for safety as well as what counts as durable and non-durable. Decisions by the European Consumer Protection Organisation shall be binding though may be appealed if two or three nations object and put to a vote where national governments may register their voting decision on an issue.
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen -
The Empire of Inimicus votes FOR all Amendments.
Nicholas Benfield
Deputy SpeakerThe Empire of Inimicus
Head of State/Government: Emperor Artabanos (EU Hall of Fame 2021)
Vicarius (Deputy): Wilfred Cocx
Deputy Speaker of the European Council: Nicholas Benfield -
On behalf of United Duchies I vote FOR ALL ammendments
James Mizrachi-Roscoe , Councillor for United Duchies -
I vote FOR all amendments.
Donald Tusk
Councillor for Spain
The Kingdom of Spain
His Majesty the King, Felipe VI
President Alberto Núñez-Feijóo
Councillor and Council Speaker Donald Tusk -
On behalf of United Duchies I vote for ALL ammendments
James Mizrachi-Roscoe , Councillor for United Duchies -
With three votes in favor and none against, Amendments I, II, and III have passed. Voting begins NOW and will continue until 21:40 GMT on 21 February 2022.
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen -
On behalf of United Duchies I vote FOR this act.
James Mizrachi-Roscoe, Councillor for United Duchies -
The Empire of Inimicus votes AGAINST this Act.
Nicholas Benfield
Deputy Speaker -
On behalf of the Realm of Great Ruthund I vote AGAINST this Act.
Prince-Councilor Tony Odhinazen
EU Councilor for Ruthund -
On behalf of the Kingdom of Spain, I vote AGAINST this act.
Donald Tusk
Councillor for Spain -
On behalf of the Federal Republic of Gania, we vote AGAINST
Councillor: PEDRO BORDABERRY -
With one vote for and four votes against, this act has FAILED.
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen
