The fitness check is being carried out as part of the Commission’s Regulatory Fitness and Performance (REFIT) programme which aims at making EU law simpler and reducing regulatory burden. It will assess six directives related to consumer protection to determine their efficacy at protecting consumers and whether the regulatory burden they impose can be reduced. According to the roadmap, the Commission intends to commence work on the fitness check now and aims to produce a report on the results of that fitness check in the second quarter of 2017. The roadmap sets out the approach the Commission is taking to the fitness check e.g. why the Commission is looking at these directives, what the original aims of these directives were and how it will evaluate those directives to determine if their objectives have been met.
The following directives are being reviewed: the Misleading and Comparative Advertising Directive (2006/114/EC); the Price Indication Directive (98/6/EC); the Unfair Commercial Practices Directive (2005/29/ EC); the Unfair Contract Terms Directive (93/13/EEC); the Sales and Guarantee Directive (1999/44/EC); the Injunctions Directive (2009/22/EC). The Consumer Rights Directive (2011/83/EU) is not being reviewed in the fitness check as it is subject to a separate report by the Commission this year.
The Commission has invited stakeholders to send feedback on the roadmap by Friday 5 February 2016.