Ministry of Foreign and Internal Trade and Telecommunications organized a public hearing on the Draft Law on Amendments and Supplements to the Law on the protection of customers in Serbia, held on 16th July 2013 in the Serbian Chamber of Commerce.
Reasons for working on amendments to the existing Law on the protection of customers were primarily identified shortcomings in the two-year implementation, the need for further regulation of this important sector and the necessary adaptation to the changes in European law occurred, primarily adopted Directive 2011/83/EU on customer rights. The proposed amendments relate to, priority, duties of notification before to conclusion of the contract, forbidden the customer discrimination, protection of customer in exercising their rights under the sales contract, the affected customer and, in this regard, the National Programme for vulnerable customers are protected from disconnection, responsibilities surveillance, the inspection powers of the competent authority and the so like. Accordingly, to this, it is amended and supplemented by penal provisions.
Representative of the Ministry of Foreign and Internal Trade Nevena Praizović held a presentation on the proposed amendments, during which the focus was on concrete benefits for customers. The most important among them are related to the detailed claims procedure regulation, keeping the books complaints by merchants and timelines for resolving complaints.
A very important proposal, which provides significantly higher level of customer protection concerns the occurrences of non-conformity in the first 6 months, when the customer can choose between the demands of the lack of conformity eliminate replacement for a new product, the corresponding reduction in price or to declare the contract avoided. In this situation, removal of non-conformity repair would be possible only with the express consent of the customer. The introduction of this provision would prevent the imposition of repairs to the customer in the first 6 months, leading to a much smaller number of dissatisfy customers.
In addition, it is proposed the term in which the trader respond to the customer on mentioned complain should be shortened from 15 to 8 days. At this new way of governing the obligations of the trader in case of destruction, loss or damage to items given for repairs, but it requires that the inability of customer to deliver package goods could not be condition to resolve the complaint neither the reason for refusing to remove non-conformity.
Previously mentioned, but and a number of other specific changes that would bring significant benefits to customers, followed by the prescribing of appropriate powers of inspection bodies and sanctions.
At the conclusion of the meeting, Deputy Minister who is in charge of Customer Protection at the Ministry of Foreign and Internal Trade and Telecommunications Ljiljana Stankovic, invited all interested parties to submit their comments and suggestions on the proposed amendments. She also reminded the audience that during the public hearing, interested parties can submit their suggestions and all the remaining articles of the current Law of Consumer Protection, i.e. and on those who were not subject to amendment. She pointed out that the next steps should be undertaken precisely in line with the findings of the public consultation process. So far as a result of this public debate shown a need to change a lot of articles, which is beyond the scope of acceptable process of amendment, the Ministry will approach to develop a new, comprehensive, legal solutions.
