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Joint paper on the interpretation of price reduction rules under the Omnibus Directive

The undersigned EU trade associations have closely followed and proactively engaged in the legislative process that led to the adoption of the Directive (EU) 2019/2161 on better enforcement and modernisation of Union consumer protection rules (so-called “Omnibus Directive”).

In particular, this paper addresses a new provision covering the announcement of price reductions1, which was included in the Omnibus Directive only at a very late stage of the trilogue negotiations, thus without detailed discussion in Council or Parliament, no impact assessment and no recitals to explain the thinking behind the amendment. We are, therefore, seriously concerned that in its present wording, its text can be open to various interpretations when implemented by Member States, with potential farreaching negative consequences for both online and offline traders if not transposed and interpreted appropriately.

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