ANNEX B: Transposition Notes Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
522.This note describes the implementation in the Consumer Rights Act 2015 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.(51) The Directive requires that unfair terms in contracts concluded between a trader and a consumer are not binding.
523.The deadline for implementing the Directive passed on 31 December 1994. The legislation currently implementing the Directive can be found in the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083). The Consumer Rights Act 2015 repeals and replaces the provisions of those Regulations.
524.The Act goes beyond the minimum requirements of the Directive in a number of respects:
	application to all consumer contract terms, whether or not individually negotiated;
	application to trader’s notices directed at consumers, whether or not incorporated in a consumer contract;
	contracts and notices excluding trader’s liability in negligence for death or personal injury are not binding;
	terms on main subject matter and price are exempt from assessment of fairness only if transparent and prominent;
	three further terms added to ‘grey list’.
525.The table below describes the main substantive provisions of the Act implementing the Directive.