§5.12.1 Introduction

Directive (EU) 2019/2161 amended both the UCPD and the CRD by allowing Member States to adopt provisions to protect the legitimate interests of consumers with regard to aggressive and misleading marketing or selling practices in the context of unsolicited visits by a trader to a consumer’s home or excursions organised by a trader with the aim or effect of promoting or selling products to consumers, where such provisions are proportionate, non-discriminatory and justified on grounds of consumer protection. The rationale of the provisions is explained in Recitals 54–57 of Directive (EU) 2019/2161 highlighting the principle of subsidiarity and the objective to facilitate enforcement. The UCPD contains a general provision allowing Member States to adopt proportionate, non-discriminatory and justified national provisions to protect consumers from aggressive or misleading unsolicited visits and/or excursions organized by a trader (for further details see section 1.1 of the Guidance on the UCPD). In addition to the general provision of the UCPD, the amended CRD enables Member States to adopt national provisions providing for more favourable rules concerning the right of withdrawal. To this end, in the context of Articles 9(1a), 10(2), 14(4) and 16 of the CRD, Member States may provide for a longer right of withdrawal period of 30 days (instead of 14) or to derogate from several of the existing exceptions from the right of withdrawal in case of unsolicited visits or excursions. Article 29(1) of the CRD requires Member States to notify the Commission, by 28 November 2021, of national measures derogating from the right of withdrawal and any subsequent amendments, i.e. by means of a specific notification explaining the exact national provisions concerned and not as mere part of the general notification of transposition measures.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07