Many Europeans are still on holidays and they are doubtlessly indulging in some cross-border shopping. They may want to be careful, though, when paying for their souvenirs with a Visa credit card (41% of payment cards issued in the EEA are Visa's credit and debit cards, and over 5 million retailers accept Visa payment cards). The European Commission raised its concerns as to high fees that Visa charges retailers when processing cross-border transactions, so-called "multilateral interchange fees" (MIFs - fees that are paid by retailers' banks to cardholders' banks). (Commission sends supplementary statement of objections to Visa) The preliminary conclusion of the EC is that MIFs harm price competition between banks, inflate the cost of payment card acceptance for retailers and ultimately raise prices for consumers. Visa considers the EC's position as hasty and confrontational, since they were trying to reach an agreement, preventing the European Commission from issuing the SSO (supplementary statement of objections). (EC raises concern over Visa fees) Interestingly, the SSO concerns not only MIFs set by Visa in the EEA for cross-border transactions with consumer credit cards, but also to domestic transactions in eight Member States (Belgium, Hungary, Ireland, Italy, Luxembourg, Malta, the Netherlands and Sweden). This is just one formal step in the EU antitrust investigation against Visa.
Wednesday, 8 August 2012
Tuesday, 7 August 2012
How to improve banking services
The European Commission published a summary of responses to the public consultation on bank accounts (Taking account of banking services). The aim of the public consultation was for stakeholders to share their views on transparency of bank fees, bank account switching and access to basic payment accounts. Based on the received responses the European Commission may decide to take further action in this field.
TRANSPARENCY
Not surprisingly, the summary shows that consumers and associations representing them are in favour of further action at EU level, while the financial industry's representatives see it as abundant. However, respondents from both categories reported problems in the retail banking sector with respect to the presentation and comparability of bank account fees. (If you can't explain it simply...)
"Almost all consumer groups reported difficulties in obtaining clear and simple information about charges and fees of bank accounts. Even with regulatory or voluntary measures, it seems problematic to understand “how relevant and useful” the information is for consumers and to ensure consumers’ financial awareness. Information is not hidden, but it is not presented in a clear way enabling consumers to make informed choices. Often, too much burden is put on consumers, who are expected to upgrade their financial knowledge. Limits of existing national measures include the disregard of vulnerable consumers’ needs.
Consumer and civil society organisations underlined the following main persisting shortcomings: complex and different business models used by banks across countries; issues linked to the offer of packaged services; varying charging structures and terminology across banks; the speed with which new and innovative products enter the market; cross-subsidisation within retail banking; and a lack of clear legislation in this area.
It was generally indicated that changes to the Payments Services Directive would not impact on these areas, given the different scope of this legal instrument."
Unanimously, consumers considered it a good idea to standardise the bank account fee terminology. That would facilitate comparison of fees held by different banks as well as enable promotion of the use of simple wording. This could be achieved, e.g., by introducing a standardised glossary of all terminology and lists of bank fees. If such lists of bank fees were introduced, then consumers should not have to look further in contract documents for other fees. It may be, therefore, necessary to ban the use of other bank fees than the ones listed. In order to enable easier comparison between bank fees, consumers considered it useful to have a comparison website run by public bodies. Additionally, consumers demand a clear and timely monthly information on actual fees paid, together with a yearly overview of all costs.
SWITCHING
As far as switching bank accounts is concerned, again the representatives of consumers argued for establishing the Common Principles of the European Bank Industry Committee (EBIC) as mandatory (arguing that after three years from their adoption the implementation measures taken so far were poor), while the financial services industry's representatives believed they should remain voluntary. (How to switch bank accounts remains a mystery)
"Most respondents confirmed that banks offer a switching service, but also indicated that the service provided is often insufficient or ineffective. A minority stated that the service is not offered at all and consumers need to go to the former bank to cancel mandates and then set them up on the new account. The majority commented that the switching service offered is not fully in line with the Common Principles. The most common problems concern: the availability of information on bank websites and bank branches; bank staff awareness and readiness to inform and help consumers; transfers of direct debit mandates between banks; and non-compliance with the deadlines set by the Common Principles. Some noted that the presentation of the information on switching is not user-friendly and, in general, banks do not promote switching services. Others commented that it varies from bank to bank. (...)
Among those consumers who switched, problems with direct debits and standing orders were mentioned as the biggest source of difficulty. Other problems mentioned concern: the complexity of switching; no help in informing third parties; and the length of switching, including lengthy procedures for closing an account (e.g. on average 35 days in Italy). Some noticed that the risk connected with switching is placed entirely on consumers and third parties (to whom the consumer pays). Some respondents stressed that the combination of the risk of errors with doubts over benefits is discouraging consumers from switching. The complexity and lack of transparency of the market for current accounts makes consumers unwilling or unable to make effective choices, as consumers cannot be sure that the bank they would switch to would be better or less expensive than their current bank.
Tying and bundling of products were mentioned by stakeholders as serious obstacles, making switching impossible or very expensive. Examples were given of mortgage loans granted under the condition of opening a current account or the need to close a securities account when switching a current account. Some indicated that consumers in difficulty with repayments on a loan find it difficult to switch, due to impaired credit history. Another remarked on low confidence in non-binding rules with no sanctions for banks."
All in all, consumers considered the risk of misdirected payments as the main obstacle to effective bank switching, which could be remedied by the introduction of bank account number portability (or the portability of customer account numbers). An intermediate solution, could be the introduction of a re-routing system.
ACCESS TO BASIC PAYMENT ACCOUNT
Consumers still find it difficult to access a basic payment account (see our recent post on Basic bank account...). The most recurring obstacle is the provision of adequate proof of identity. This is required by legislation on anti-money laundering and terrorist financing. Moreover, banks refuse access to basic payment account for consumers with risky financial conditions, e.g., undischarged bankruptcy, insufficient income, poor creditworthiness, overdrawn bank accounts, etc. Additionally, some respondents indicated problems due to high costs of basic accounts, sometimes charged in the form of penalty fees. The situation is made more complicated by banks inviting consumers who ask for basic payment account to take a regular (fee-based) bank account, as well as by unavailability of branches in certain geographic areas, which burdens especially vulnerable consumers (e.g., the elderly).
Friday, 3 August 2012
Colour your hair to feel European
Today the European Commission amended an old Directive 76/768/EEC relating to cosmetic products. The new Directive 2012/21/EU concerns... hair dyeing products.
Did you know that ca 60% of European women and ca 10% of European men colour their hair? It seems that with every year Europeans become more concerned with their looks and the sale of hair dye products increases. Nowadays, it does not take much to go overnight from being a blonde to becoming a redhead, etc., and such decisions are often (sadly) not thoroughly thought through. Sadly, since as any cosmetic products hair dyes may contain unsafe (or even toxic) for consumers substances. On the one hand it may be worth it to invest in keeping consumers' hair healthy and pay for a good hairdresser and a good hair dye. However, how are even professionals to know which of the substances contained in the hair dyes could be dangerous? The EC helps out here by taking into account recent scientific knowledge and restricting the use of 24 substances often included in hair dyes (additionally to already existing bans on the use of certain substances). The Scientific Committee on Consumer Safety (SCCS) still needs to assess 45 substances that are suspect of having an adversary effect on consumers. More on hair dye products may be read here.
Thursday, 2 August 2012
Building goes sustainable
Since the start of the economic crisis, the housing market has been less-than-flourishing in many Member States.
In order to sustain recovery while promoting innovation (and energy saving!), the Commission has proposed an action plan to stimulate investment in low energy building.
In a couple of years, if the plan is adopted, it should become easier and cheaper to build the house of your dreams- or renew it with a sustainability agenda, even if you do not live in one of the countries (see table) which are already active in the sector.
The Commission envisages a package including monetary incentives, awareness-raising and harmonisation of rules aiming at unifying the market and fostering competition. A more sustainable housing market is possible, stay tuned for future developments!
Wednesday, 1 August 2012
Safe Toys' Story
The safety of consumer products is seen as one of the key consumer rights and its proper enforcement is especially needed when products are meant to be used by vulnerable consumers, such as children. The EU provides for strict safety requirements for toys, but aside the producers' and marketers' (of toys) compliance with these requirements, it is also necessary that EU consumers know what to look for when they buy goodies for their children. For example:
- the EU consumers should always look for the "CE mark" which means that the toy is in compliance with the strict EU safety rules,
- they should also pay attention to the age symbols which determine for what age the given toy is suitable (preventing choking hazards etc.).
More toy tips may be found on a campaign website. Within the "European Toy Safety" campaign, the European Commission launched a new video informing consumers how to buy safe toys and how to use them safely. (European Toy Safety Campaign: don't let accidents ruin your summer!)
Tuesday, 31 July 2012
Scent of a EU citizen
The European Commission published today a final opinion of the Scientific Committee on Consumer Safety (SCCS) regarding fragrance allergens in cosmetic products. Earlier this year we have discussed the preliminary opinion of the SCCS (Scenting... new regulations), which aimed at identifying potentially allergenic fragrance ingredients. Aside the already known 26 ingredients (that have been identified in 1999), additional 30 individual chemicals and 26 natural extracts were added to the list. The opinion suggests the tolerable concentration limits for some of these ingredients that would be unlikely to cause allergies with consumers. Based on the SCCS opinion, the Commission will now consider whether any regulatory measures need to be taken.
Monday, 30 July 2012
Clinical trials on the (exam) table
The European Commission presented this month a proposal for a new regulation on clinical trials. Clinical trials means that the new medicines are tested on humans. On the one hand, it gives patients access to most recent, most innovative treatments and helps business develop new medicines and improve the already authorised ones. On the other hand, it can bring about quite a risk, which means that it needs to be strictly regulated. The new European Regulation is supposed to replace the 'Clinical Trials Directive' of 2001 and simplify and speed up the authorisation and reporting procedures, while at the same time keep up the high standards for patients' safety and the reliability of data. The Directive of 2001 was differently transposed by various Member States which led to unfavourable regulatory framework and a decline by 25% in clinical trials between 2007 and 2011. (Fostering EU's attractiveness in clinical research: Commission proposes to revamp rules on trials with medicines)
Friday, 27 July 2012
EU helps to keep it real
"Got a real bargain when I bought this Louis Vuitton wallet for 10 euro". Well, who doesn't like a bargain? Some bargains are too good to be true, though, and it's unlikely that you would get an original product for price that is not anywhere close to the shop price. With certain products a bargain is also not what consumers should be looking for. Spending more money on a product usually guarantees its better quality, its authenticity, which is crucial for the health and safety of consumers when products such as medicines, food etc. are concerned. In order to protect consumers, as well as to protect intellectual property rights, the EU Customs department diligently examines products entering the EU market in order to comply with the EU's 2020 Strategy. In 2011, they detained almost 115 million products suspected of violating IPR (in 2010 that number was just 103 million) valued at 1,3 billion euro. (Report on EU customs enforcement of IPR) Out of these products 24% were medicines, 21% packaging material, 18% cigarettes, products for daily use that could potentially be dangerous to consumers - 28,6%. The main offender is still China (73% of all infringing articles come from there). Fake foodstuff comes usually from Turkey, alcoholic drinks - Panama, soft drinks - Thailand, mobile phones - Hong Kong. (EU customs detain over 100 million fake goods at EU borders)
Thursday, 26 July 2012
Cross-border succession in the EU
A few months ago we have posted about a new Regulation in matters of succession (An elderly uncle living in another Member State?...). This regulation becomes European law tomorrow - upon its publication in the Official Journal. New provisions aim at simplifying the procedure of inheritance of properties located in different Member States by determining that it is the country of habitual residence of the deceased whose laws will apply to establishing the jurisdiction and the law applicable in cross-border cases. It also provides for a European Certificate of Succession, allowing heirs to prove their claims to the inheritance throughout the EU. Member States have three years to implement them into their national laws. (EU rules to ease cross-border successions are now law)
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