The Position is shared due to the fact, that Although the immediate reason for drafting the bill was the transposition of Directive (EU) 2023/2673 on distance contracts for financial services and Directive (EU) 2024/825 on granting consumers more rights in the context of the European Union’s Green Transition, it also includes significant amendments that do not stem from the requirements of these directives and affect all merchants, regardless of their sector or line of business.
This position statement summarizes the rationale and calls for the repeal or amendment of specific provisions in the Draft Amendment to the Consumer Protection Act, as follows:
- We urge that § 44 of the Draft Amendment to the Consumer Protection Act be rejected by the committees under your leadership.
- We urge that § 74 be revised in accordance with the proposal of the Supreme Bar Council and the arguments of the Sofia Bar Council, so as to preserve the general procedural guarantees under the Administrative Procedure Code (APC) and the Administrative Offenses and Penalties Act (AOPA).
- In light of the principles of legal certainty and proportionality, we propose that the Transitional and Final Provisions include a limited transitional regime for existing stock, provided that this does not lead to the continuation of clearly misleading practices.
- Considerations regarding the inapplicability of the Directive to matters already subject to specific sectoral regulations, therefore, in order to avoid regulatory duplication and ensure legal clarity, it should be expressly provided that the provision of Article 59g of the Draft Amendment to the Consumer Protection Act does not apply to consumer credit agreements.