The government has approved a draft Act amending and supplementing the Consumer Protection Act. The draft law introduces into national legislation the requirements of Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and creates a special regulation on representative actions for the protection of the collective interests of consumers.
The changes will focus on issues related to proceedings in national and cross-border representative actions for the cessation or prohibition of actions or commercial practices that are in violation of the collective interests of consumers. Also, issues related to proceedings in national and cross-border representative actions for remedies, such as compensation, repair, replacement, price reduction, termination of the contract or reimbursement of the price paid. In the collective interests of consumers, emphasis will also be placed on issues related to the recognition of qualified organizations that have the right to bring representative actions for the protection of the collective interests of consumers.
The draft law contains criteria for the recognition of qualified organizations by the Minister of Economy and Industry. The Consumer Protection Commission will have the right to bring actions for the cessation or prohibition of practices that violate the collective interests of consumers, and claims for remedies such as compensation, repair, replacement, price reduction, termination of the contract or reimbursement of the price paid.
The draft law also creates conditions for the implementation of Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May on general product safety, achieving compliance with the new European requirements for general product safety. The obligations of economic operators with regard to the safety of the products they place or offer on the market, as well as the recall of dangerous products from consumers, are defined. Specific requirements are set for online marketplace providers regarding product safety. The draft law designates the Consumer Protection Commission as the single national contact point of the Republic of Bulgaria in the rapid alert system for the exchange of information on corrective measures for dangerous products “Safety Gate", in accordance with Regulation (EU) 2023/988.
The proposed changes to the Law aim to increase the level of consumer protection, improve the implementation of the legislation and its full compliance with European Union law.