Consultations CtSI HaS ItS Say Some of the institutes contributions to government policy debate Consumer protection for package travel Bovine TB: simplifying surveillance testing EU consumer law directives revision Updating consumer protection in the package travel sector Department for Business, Energy and Industrial Strategy, September 2017 Laser pointers: call for evidence The Package Travel Directive (PTD) is a consumer protection measure that enhances broader consumer legislation, such as the Consumer Rights Directive. Holiday and travel in the UK is currently regulated by the Package Travel Regulations 1992 (PTRs), the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the Consumer Rights Act 2015 (CRA). CTSI proposes the introduction of a register of package holiday operators and a separate register of Linked Travel Arrangement (LTA) operators. This should be compulsory, and the operators should pay a nominal fee to an independent body for example, National Trading Standards (NTS). The definition of package has been made much wider. It will encompass all holidays that include two or more travel services such as transport, accommodation and car hire booked under a single contract with a tour operator. It will also cover holidays where services booked with separate suppliers are selected by the customer from one shop, call centre or website, including through a travel agent, before agreeing to pay. Website click-throughs are new to regulation. Only if the consumers name, email address and payment details are transferred from one site to another in a targeted manner does the transaction become a package. If the consumers details are not transferred, it becomes a linked travel arrangement (LTA), with only limited protection. CTSI wants clear guidance for consumers, the travel industry and enforcers. It also has concerns under the Data Protection Act as to whether the opt in with these types of bookings makes it clear to consumers how their personal details will be used. Consumers must know what they are committing to buying and how they will be protected against the failure of a trader involved in supplying their LTA. For an LTA that does not include a flight, it should be made clear that it would only offer protection if the person who organised the LTA failed. Mutual recognition of other EU member states insolvency protection arrangements is proposed; however, no standard system is required. CTSI feels there is a need for information about EU insolvency protection schemes to be made available from a central contact point preferably NTS. Lead officer for holiday and travel law: Bruce Treloar For more details and to contribute to consultations such as these, visit www.tradingstandards.uk Credits Images: iStock.com / juststock To share this page, in the toolbar click on You might also like CTSI has its say October 2017 / levers2007 / pepifoto / uilleann Bovine TB: proposals to simplify surveillance testing in HR areas Department for Environment, food and Rural affairs, September 2017 CTSI broadly agrees with many of the proposals in the consultation, including that the default surveillance-testing interval should be six months in high-risk (HR) areas. It also agrees with the criteria proposed for annual and biennial testing. However, it warns that herds falling under the two-year criterion should not receive a reduced level of surveillance testing, because a two-year gap in testing increases the risk of the disease going undetected in the herd. Also, having a different level of testing adds further complication to the system. CTSI believes it is acceptable for the minimum 60-day period between short interval tests in herds where an animal fails a TB test to be replaced by a minimum 90-day period, if veterinary evidence shows that an additional 30 days will not compromise disease controls. However, it is concerned that the proposal for 90 days is a minimum rather than a maximum amount of time. CTSI does not agree that owners should be allowed to keep pregnant cows that test positive for TB for up to 60 days, to allow them to calf. This defeats the object of having a disease-control strategy of eradication of bovine TB, which states that the removal of an infected animal from the premises should happen as soon as possible. It feels that the 50 per cent compensation rate paid for infected animals is proportionate and will encourage the industry to fulfil its obligations under the clean livestock policy and that a 5,000 cap on a single animal is appropriate. CTSI urges consideration be given to the auditing of approvals of animal finishing units by private vets, to ensure undue pressure is not placed on vets by their clients. Lead officer for animal health and welfare: Stephanie Young For more details and to contribute to consultations such as these, visit www.tradingstandards.uk Targeted revision of EU consumer law directives European Commission, october 2017 To improve compliance with consumer protection rules and address the issue of infringements of consumer rights, CTSI believes member states should encourage self-regulation. Well-funded enforcement is still essential, however, to ensure any issues are spotted early. CTSI believes: enforcement authorities should be given more financial and administrative resources; penalties for infringing consumer law should be strengthened; and victims of unfair commercial practices should be given rights to claim remedies from traders. Clearer provision of information would help consumers when making online purchases, because many have no idea of their rights and those who do are not aware that the rights may be different if the trader is located outside the EU. Consumers need to have adequate information to make an informed choice about their purchases, including free online services, where there is no charge, but consumers supply their data. They need to know how their personal data will be stored, protected and used, because this information does have an inherent value. Ultimately, it would be desirable for penalties to be the same across member states, to allow for clarity among enforcers, traders and consumers. Businesses that trade across international borders usually via the internet would clearly benefit from consistent rules and enforcement, so they understand the regulations and the penalties for breaching them. Legislative controls should not prohibit doorstep selling, but should include clearer control on specific practices that are to the detriment of consumers. There should be a prohibition on doorstep traders offering home-maintenance services. Rules that prevent any work being done within the cancellation period for unsolicited visits would also go a long way to protecting consumers from the worst practices. Lead officer and policy executive: Craig McClue For more details and to contribute to consultations such as these, visit www.tradingstandards.uk Call for evidence on the market and uses for laser pointers Department for Business, Energy and Industrial Strategy, october 2017 The scale of the problem of the misuse of laser pointers is unknown and would require a significant amount of work to quantify with any degree of confidence. This is because different products are available from a variety of producers across all markets. However, figures from health professionals that measure harm indicate there is a significant public health problem although there is no way of knowing which sector of the market is responsible. The issue isnt just about those laser pointers labelled as high powered; it is also about incorrectly specified or labelled ones that purport to be of lower power. It is impossible to quantify accurately the harm that may have been caused by use of non-compliant products or the misuse of compliant products because, often, the harm will not be apparent at the time of injury. It is clear from the evidence of injury and misuse presented in this consultation there are some deficiencies in the current market surveillance of laser pointers. However, it is not clear whether this is because of deficiencies in the legislative framework of the General Product Safety Regulations 2005 or a market surveillance problem. Thereduction in capacity of trading standards services over the past seven years has led to fewer routine market surveillance activities and less product testing. CTSI believes more resources for routine surveillance activities in this market would allow the deficiencies in the current framework to be identified. Further regulation may be seen as a relatively cost-neutral method of addressing this perceived problem, but properly planned, funded and executed market surveillance activities within the current regulatory paradigm may serve to reduce these issues considerably. Even if further regulation and restrictions are enacted, they will have little effect in the actual market place if no resources are allocated, centrally, to coordinate activities such as sampling, testing, conformity assessment verification, risk assessment and corrective actions. Lead officer: Mark Gardiner For more details and to contribute to consultations such as these, visit www.tradingstandards.uk