Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | IMCO | SCHWAB Andreas ( PPE) | GEBHARDT Evelyne ( S&D), ROCHEFORT Robert ( ALDE), TURUNEN Emilie ( Verts/ALE), BIELAN Adam ( ECR), SALVINI Matteo ( EFD) |
Former Responsible Committee | IMCO | ||
Committee Opinion | JURI | WALLIS Diana ( ALDE) | |
Committee Opinion | ECON | PIETIKÄINEN Sirpa ( PPE) | |
Former Committee Opinion | JURI | ||
Former Committee Opinion | ECON |
Lead committee dossier:
Legal Basis:
TFEU 114-p1
Legal Basis:
TFEU 114-p1Events
The Commission presents a report on the application of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights (CRD). In accordance with the CRD, the report must assess in particular, the provisions on digital content and the right of withdrawal.
Transposition and implementation: the Directive had to be transposed into the national laws of the Member States by 13 December 2013, with a view to become applicable in all EU Member States from 13 June 2014. Nevertheless, 17 Member States were late with their transposition and the Directive became applicable in all 28 Member States only from the end of 2014.
Following several bilateral structured dialogues with the national authorities concerned (EU Pilot cases), Member States made significant changes to their transposition laws. However, the Commission continues its bilateral dialogue with most of them to ensure full compliance . In June 2014, the Commission services issued a guidance document aiming to help national authorities and courts to apply the Directive in a uniform and consistent way.
Main results of the evaluation: the comparative analysis of the legislative situation in all Member States before and after the Directive was transposed has also highlighted that consumer protection has been strengthened in most, if not all, Member States.
The Directive has reduced the regulatory fragmentation among Member States, thereby helping to increase consumer trust in cross-border sales . Analysis by Eurostat shows an increase of online cross-border purchases between 2012 and 2016.
Overall, the Directive is considered to be coherent with other EU legislation, and no major problems have been identified. The evaluation also concluded that the original objectives of the Directive remain valid.
However, the evaluation highlighted some factors that limited the effectiveness of the CRD , such as a lack of awareness among consumers and traders of the Directive’s provisions. There are also difficulties in interpreting some provisions such as:
· the definition of the 'basic rate';
· the notion of outside the 'business premises' in off-premises contracts;
· the distinction between a digital content contract and a contract for paid online services;
· the moment from which the 14-day cooling-off period starts as regards contracts containing elements of both sales and services contracts;
· the calculation of the diminished value of goods in cases where consumers exercise their right of withdrawal after having used the goods more than necessary to establish their nature, characteristics and functioning.
A lack of compliance by traders, and the different levels of penalties put in place by Member States for breaches of the Directive might also be problematic.
Rules on digital content: for the first time in EU consumer and marketing law, the Directive lays down specific pre-contractual information requirements for digital content and rules on the withdrawal from contracts for digital content that is not supplied on a tangible medium.
Some interested parties consider that the application of the CRD to ‘free’ digital content is not absolutely clear .
Digital content remains a key area where consumers do not feel as protected as in sales and
service contracts. The data showed that the lowest level of awareness was reported for pre-contractual information requirements on digital content and digital content withdrawal rules. In particular, traders do not generally inform consumers of when the latter would lose their right of withdrawal.
The evaluation also found that there could be scope for re-assessing some of the CRD rules on digital content to better match them with current needs within the EU. In particular, the CRD does not currently apply to the provision of ‘free’ online services , allowing the creation, processing, storing or sharing of data that is produced by the consumer.
Way forward: the Commission will follow up the evaluation’s findings by:
· promoting consumers’ and traders’ awareness of their rights and obligations through a pilot project for training SMEs in 2016;
· considering further guidance on the provisions which the evaluation found to be perceived as lacking clarity;
· steering a self-regulatory exercise with a view to reach a multi-stakeholder agreement on a set of key principles for a better presentation of both pre-contractual information under the CRD and standard contract terms;
· further examining possible targeted amendments to the Directive regarding:
1) extending its scope to include contracts for ‘free’ digital services and thus applying the pre-contractual information requirements and the right of withdrawal to any digital services;
2) simplifying some of the existing information requirements, for example by allowing traders to use more modern means of communication for their exchanges with consumers;
3) reducing the burden on traders, especially SMEs;
4) increasing the transparency of the information that online marketplaces provide consumers about the identity and quality (‘trader’ or ‘consumer’) of the supplier, and about the differences in the level of consumer protection when contracting with a trader rather than another consumer.
Lastly, the Commission will step up the enforcement of the Directive, including through common actions in the framework of the Consumer Protection Cooperation Regulation .
PURPOSE: to approximate certain aspects of Member States’ laws concerning contracts concluded between consumers and traders.
LEGISLATIVE ACT: Directive 2011/83/EU of the European Parliament and of the Council on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.
CONTENT: following an agreement at first reading with the European Parliament, the Council adopted this Directive aimed at increasing the consumer protection across the European Union. The Directive fully harmonises the list of information to be given to consumers and the right of withdrawal for distance and off-premises purchases. Subject to certain exceptions, the consumer will have the right to withdraw from a distance or off-premises contract within a period of fourteen days without giving any reason and without any costs. For that purpose, he may make use of a standard withdrawal form that he will receive from the trader.
In the case of off-premises contracts, Member States may maintain existing national legislation prohibiting the trader from collecting the payment during the withdrawal period after the conclusion of the contract.
In addition, the Directive provides for the list of minimal information the consumer shall receive when buying on-premises. Member States will be able to add supplementary information requirements depending on national circumstances.
The main points are as follows:
Purpose: to contribute to the proper functioning of the internal market by approximating certain aspects of the laws, regulations and administrative provisions of Member States concerning contracts concluded between consumers and traders.
Scope: the Directive shall apply to any contract concluded between a trader and a consumer. It shall also apply to contracts for the supply of water, gas, electricity or district heating, including by public providers, to the extent that these commodities are provided on a contractual basis.
Exceptions: exemptions from the scope are listed in the Directive and include contracts for social services, healthcare, gambling, financial services, contacts relating to immovable property, package holidays, timeshares, the supply of foodstuffs, and beverages, and passenger transport services.
In addition, Member States may decide not to apply the Directive to off-premises contracts for which the payment to be made by the consumer does not exceed EUR 50. They may define a lower value in their national legislation.
Information requirements : the Directive sets out minimum information requirements that the trader must provide the consumer both for contracts other than distance or off-premises contracts and for distance and off-premises contracts. With regard to distance and off-premises contracts, the information to be provided includes the following:
the identity, the address, the telephone number of the trader as well as his fax number and e-mail address, where available, to enable the consumer to contact the trader quickly and communicate with him efficiently; the total price inclusive of taxes; the cost of using the means of distance communication for the conclusion of the contract where that cost is calculated other than at the basic rate; the arrangements for payment, delivery, performance,; the time by which the trader undertakes to deliver the goods or to perform the services and, where applicable, the trader's complaint handling policy; where a right of withdrawal exists, the conditions, time limit and procedures for exercising that right; where applicable, that the consumer will have to bear the cost of the return of the goods in case of withdrawal and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods; the duration of the contract where applicable or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract; the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader, where applicable; the functionality, including applicable technical protection measures, of digital content, where applicable; where applicable, any relevant interoperability of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of.
With regard to the right of withdrawal, the information may be provided by means of the Model instructions on withdrawal set out in Annex I(A). As regards compliance with the information requirements, the burden of proof shall be upon the trader.
Formal requirements: the Directive lists the formal requirements for distance contracts and for off-premises contracts.
· Off-premises contracts : the information shall be legible and in plain, intelligible language. The trader shall provide the consumer with a copy of the signed contract or the confirmation of the contract on paper or, if the consumer agrees, on a different durable medium, including, where applicable, the confirmation of the consumer's consent and acknowledgement.
Distance contracts : the information provided for shall be given to the consumer in a way appropriate to the means of distance communication used in plain and intelligible language and, insofar as it is provided on a durable medium, it shall be legible. If a distance contract to be concluded by electronic means places the consumer under an obligation to make a payment, the trader shall make the consumer aware in a clear and prominent manner, and directly before the consumer places his order, of the information provided for in the text.
The trader shall ensure that the consumer, when placing his order, explicitly confirms that the order implies an obligation to pay. If placing an order entails activating a button or a similar function, the button or similar function shall be labelled in an easily legible manner only with the words 'order with duty of payment' or a corresponding unambiguous formulation indicating that placing the order entails an obligation to make a payment to the trader. If this subparagraph is not complied with, the consumer shall not be bound by the contract or order.
Trading websites shall indicate clearly and legibly at the latest at the beginning of the ordering process whether any delivery restrictions apply and which means of payment are accepted.
Right of withdrawal : subject to exceptions referred to in the text, the consumer shall have a period of 14 days to withdraw from a distance or off-premises contract, without giving any reason, and without incurring any costs other than those provided for in the text. . The withdrawal period shall expire after 14 days from, the day of the conclusion of the contract in the case of service contracts and the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods in the case of sales contracts.
Omission of information on right of withdrawal : if the trader has not provided the consumer with the information on the right of withdrawal, the withdrawal period shall expire 12 months from the end of the initial withdrawal period. If the trader has provided the consumer with the information provided for, the withdrawal period shall expire 14 days upon which the day where the consumer receives that information.
The trader shall reimburse all payments received from the consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the consumer's decision to withdraw.
Obligations of the trader in the event of withdrawal : the trader shall reimburse all payments received from the consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the consumer’s decision to withdraw from the contract.
Obligations of the consumer in the event of withdrawal : unless the trader has offered to collect the goods himself, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the contract to the trader. The deadline shall be met if the consumer sends back the goods before the period of 14 days has expired.
Exceptions from the right of withdrawal : these include: (i) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; (ii) contracts for which the consumer has specifically requested the trader to visit him for the purpose of carrying out urgent repairs or maintenance; (iii) the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications; (iv) contracts concluded at a public auction; (v) the provision of accommodation other than for residential purpose, transport of goods , car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance; (vi) the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and his acknowledgment that he hereby loses his right of withdrawal .
Delivery: the trader will in principle deliver the goods to the consumer as soon as possible and not later than 30 days from the conclusion of the contract. If the trader has failed to deliver and subject to specific conditions, the consumer will be entitled to terminate the contract and the trader will reimburse all sums paid under the contract.
Fees for the use of payment means : traders are prohibited from charging consumers, in respect of the use of a given means of payment, fees that exceed the cost borne by the trader for the use of such means.
Additional payments : before the consumer is bound, the trader will seek the express consent of the consumer to such payment. If the trader has not obtained the express consent, the consumer will be entitled to reimbursement of the payment.
Passing of risk : in contracts where the trader dispatches the goods to the consumer, the risk of loss of or damage to the goods shall pass to the consumer when he or a third party indicated by the consumer and other than the carrier has acquired the physical possession of the goods. The risk shall pass to the consumer upon delivery to the carrier if the carrier was commissioned by the consumer to carry the goods and that choice was not offered by the trader, without prejudice to the rights of the consumer against the carrier.
On communication by phone : where the trader operates a telephone line for the purpose of contacting him by telephone in relation to the contract concluded, the consumer, when contacting the trader is not bound to pay more than the basic rate. This is without prejudice to the right of telecommunication services providers to charge for such calls.
Reporting by the Commission and review : the Commission shall submit a report on the application of this Directive by 13 December 2016, including in particular an evaluation of the provisions of the Directive regarding digital content including the right of withdrawal, and accompanied, where necessary, by legislative proposals to adapt the Directive to developments in the field of consumer rights.
ENTRY INTO FORCE: 12 December 2011.
TRANSPOSITION: 13 December 2013.
APPLICATION: 13 June 2014.
The European Parliament adopted by 615 votes to 16 with 21 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on consumer rights. Parliament adopted its position on first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise agreement between Parliament and Council. The proposal is amended as follows:
Degree of harmonisation : the regulatory aspects to be harmonised should only concern contracts concluded between traders and consumers. Therefore, this Directive should not affect national law in the area of contracts relating to employment, contracts relating to succession rights, contracts relating to family law and contracts relating to the incorporation and organisation of companies or partnership agreements.
As far as business- to- consumer contracts are concerned, the Directive establishes rules on information to be provided for distance contracts, off-premises contracts and contracts other than distance and off-premises contracts. The Directive also regulates the right of withdrawal for distance and off-premises contracts and harmonises certain provisions dealing with the performance and some other aspects of consumer contracts.
Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in the Directive, including more or less stringent provisions to ensure a different level of consumer protection unless otherwise provided in the Directive.
Scope: the Directive shall apply to contracts concluded between a trader and a consumer. It shall also apply to contracts for the supply of water, gas, electricity and district heating by public providers to the extent that these commodities are provided on a contractual basis. It shall not apply to contracts(i) for social services ; (ii) healthcare (iii) gambling; (iv) financial services; (v) the creation, acquisition or transfer of rights of or in immovable property;(vi) for the construction of new buildings; (vii) package holidays; (viii) timeshare, long-term holiday product, resale and exchange contracts; (ix) supply of foodstuffs, beverages or other goods intended for current consumption in the household; (x) passenger transport services; (xi) concluded by means of automatic vending machines or automated commercial premises; (xii) concluded with telecommunications operators through public payphones for their use or concluded for the use of one single connection by telephone, Internet or fax established by a consumer.
Member States may decide not to apply this Directive nor maintain or introduce corresponding national provisions to off-premises contracts for which the payment to be made by the consumer does not exceed EUR 50. Member States may define a lower value in their national legislation.
Distance and off-premises contracts : the amended text states that before the consumer is bound by any distance or off-premises contract or any corresponding offer, the trader shall provide the consumer with information in a clear and comprehensible manner. The information to be provided includes the following:
the identity, the address, the telephone number of the trader as well as his fax number and e-mail address, where available, to enable the consumer to contact the trader quickly and communicate with him efficiently; the total price inclusive of taxes; the cost of using the means of distance communication for the conclusion of the contract where that cost is calculated other than at the basic rate; the arrangements for payment, delivery, performance,; the time by which the trader undertakes to deliver the goods or to perform the services and, where applicable, the trader's complaint handling policy; where a right of withdrawal exists, the conditions, time limit and procedures for exercising that right; where applicable, that the consumer will have to bear the cost of the return of the goods in case of withdrawal and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods; the duration of the contract where applicable or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract; the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader, where applicable; the functionality, including applicable technical protection measures, of digital content, where applicable; where applicable, any relevant interoperability of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of.
With regard to the right of withdrawal, the information may be provided by means of the Model instructions on withdrawal set out in Annex I(A). As regards compliance with the information requirements, the burden of proof shall be upon the trader.
Off-premises contracts : the information shall be legible and in plain, intelligible language. The trader shall provide the consumer with a copy of the signed contract or the confirmation of the contract on paper or, if the consumer agrees, on a different durable medium, including, where applicable, the confirmation of the consumer's consent and acknowledgement.
Distance contracts : the information provided for shall be given to the consumer in a way appropriate to the means of distance communication used in plain and intelligible language and, insofar as it is provided on a durable medium, it shall be legible. If a distance contract to be concluded by electronic means places the consumer under an obligation to make a payment, the trader shall make the consumer aware in a clear and prominent manner, and directly before the consumer places his order, of the information provided for in the text.
The trader shall ensure that the consumer, when placing his order, explicitly confirms that the order implies an obligation to pay. If placing an order entails activating a button or a similar function, the button or similar function shall be labelled in an easily legible manner only with the words ‘order with duty of payment’ or a corresponding unambiguous formulation indicating that placing the order entails an obligation to make a payment to the trader. If this subparagraph is not complied with, the consumer shall not be bound by the contract or order.
Trading websites shall indicate clearly and legibly at the latest at the beginning of the ordering process whether any delivery restrictions apply and which means of payment are accepted.
Right of withdrawal : subject to exceptions referred to in the text, the consumer shall have a period of 14 days to withdraw from a distance or off-premises contract, without giving any reason, and without incurring any costs other than those provided for in the text. . The withdrawal period shall expire after 14 days from, the day of the conclusion of the contract in the case of service contracts and the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods in the case of sales contracts.
If the trader has not provided the consumer with the information on the right of withdrawal, the withdrawal period shall expire 12 months from the end of the initial withdrawal period. If the trader has provided the consumer with the information provided for, the withdrawal period shall expire 14 days upon which the day where the consumer receives that information.
The trader shall reimburse all payments received from the consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the consumer's decision to withdraw.
For distance or off-premises contracts , the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them, without undue delay and in any event not later than 14 days from the day on which he communicates his decision to withdraw unless the trader has offered to collect the goods himself. The deadline is met if the goods are sent back by the consumer before the period of 14 days has expired.
Exceptions from the right of withdrawal : these include: (i) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; (ii) contracts for which the consumer has specifically requested the trader to visit him for the purpose of carrying out urgent repairs or maintenance; (iii) the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications; (iv) contracts concluded at a public auction; (v) the provision of accommodation other than for residential purpose, transport of goods , car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance; (vi) the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and his acknowledgment that he hereby loses his right of withdrawal .
Delivery: unless the parties have agreed otherwise on the time of delivery, the trader shall deliver the goods by transferring the physical possession or control of the goods to the consumer without undue delay after, but not later than 30 days from the conclusion of the contract. Where the trader has failed to fulfil his obligation to deliver the goods at the time agreed upon, the consumer shall call upon him to make the delivery within a period appropriate to the circumstances. If the trader fails to deliver the goods within the appropriate time, the consumer shall be entitled to terminate the contract.
Passing of risk : in contracts where the trader dispatches the goods to the consumer, the risk of loss of or damage to the goods shall pass to the consumer when he or a third party indicated by the consumer and other than the carrier has acquired the physical possession of the goods. The risk shall pass to the consumer upon delivery to the carrier if the carrier was commissioned by the consumer to carry the goods and that choice was not offered by the trader, without prejudice to the rights of the consumer against the carrier.
Inertia selling : the consumer shall be exempted from the provision of any consideration in cases of unsolicited supply of goods, water, gas, and electricity, district heating or digital content or unsolicited provision of a service, prohibited by Directive 2005/29 /EC. In such cases, the absence of a response from the consumer following such an unsolicited supply shall not constitute consent.
Reporting by the Commission and review : five years after entry into force of the Directive, the Commission shall submit a report on the application of the Directive to the European Parliament and the Council. That report shall include in particular an evaluation of provisions regarding digital content including the right of withdrawal. The report shall be accompanied, where necessary, by legislative proposals to adapt the Directive to developments in the field of consumer rights.
The European Parliament amended, under the ordinary legislative procedure, the proposal for a directive of the European Parliament and of the Council on consumer rights.
The vote on the legislative resolution was postponed until a later date.
The main amendments were as follows:
Degree of harmonisation : contrary to the initial Commission proposal for full harmonisation of EU legislation in all consumer rights fields, Parliament is in favour of the adoption of a mixed approach of minimum and maximum harmonisation , which would fully harmonise areas such as information requirements, delivery deadlines and a right of withdrawal from distance and off-premises sales (online, postal orders, etc.). The aim is to ensure transparency for businesses and consumers, while leaving Member States free to retain higher standards in other areas, notably in relation to remedies for "lack of conformity", e.g. goods that are not as described in the contract. The resolution notes that the full harmonisation of some key regulatory aspects is justified in order to secure a single regulatory framework for consumer protection and in order to considerably increase legal certainty for both consumers and traders in cross-border business.
Scope : whilst the Council has announced that it favours narrowing the original Commission proposal to focus on online sales only, Parliament has maintained the Commission proposal to cover almost all sales , with only a few exclusions , e.g. in financial services, social services, health care and online gambling.
Provisions regarding consumer information and certain provisions on the right of withdrawal will not apply to:
distance and off-premises contracts: (a) relating to the formation, acquisition or conveyance of rights in immovable property or guarantees in immovable property, or relating to the construction or major modification of a building or the renting of a building or an apartment; (b) falling within the scope of Council Directive 90/314/EEC on package travel, package holidays and package tours or Directive 2008/122/EC on the protection of consumers in respect of certain aspects of timeshare, long-term holiday products, resale and exchange contracts; off-premises contracts for which the trader and the consumer immediately perform their contractual obligations and the payment to be made by the consumer does not exceed EUR 40 , if such contracts, due to their nature, are usually concluded away from business premises. Member States may define a lower value in their national legislation.
Certain provisions regarding the right of withdrawal shall not apply to distance contracts for the provision of accommodation, transport, motor vehicle rental services, catering or leisure services as regards contracts providing for a specific date or period of performance.
Certain provisions regarding consumer rights in respect of contract for sale of goods (e.g delivery, passing of risk, ) do not apply to electricity, water and gas, where they are not put up for sale in a limited volume or set quantity.
Digital content : digital content transmitted to the consumer in a digital format, where the consumer obtains the possibility of use on a permanent basis or in a way similar to the physical possession of a good, should be treated as goods for the application of the Directive which apply to sales contracts. However, a withdrawal right should only apply until the moment the consumer chooses to download the digital content.
Pre-contractual information requirements for distance and off-premises contracts : the text states that before the consumer is bound by any distance or off-premises contract or any corresponding offer, the trader or the person acting on his behalf shall provide the consumer with certain specified information in a clear and intelligible manner .
Members propose to introduce new information requirements regarding: (a) the trader's business address, telephone, fax number and e-mail address, where available, to enable the consumer to contact the trader quickly and to communicate with him efficiently; (b) the total price inclusive of taxes; (c) the arrangements for payment, delivery, performance; (d) the date by which the trader undertakes to deliver the goods or to provide the service and the trader's complaint handling policy; (e) the duration of the contract where applicable or if the contract is open-ended or is to be extended automatically; (f) the existence and the conditions of deposits or other financial guarantees; (g) any interoperability of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of, including any lack of interoperability, where applicable.
With respect to off premises contracts, the information shall be given to the consumer on a durable medium , in so far as this appears appropriate in view of the nature of the contract, in plain, intelligible language and shall be legible . The consumer may in any event request that the information be provided on paper.
Regarding the right of withdrawal, the trader may use the model instructions on withdrawal set out in Annex I(A) and the model withdrawal form set out in Annex I(B).
As regards compliance with the information requirements, the burden of proof shall be upon the trader.
The text also contains amendments clarifying cases where the consumer is bound in a distance contract for the provision of services, particularly where the contract has been concluded through the Internet or by telephone .
Withdrawal : the consumer shall have a period of fourteen days to withdraw from a distance or off-premises contract, without giving any reason. The committee specifies that in the case of a distance or off-premises contract, the withdrawal period shall begin from the day of the conclusion of the contract or on the day on which the consumer receives a copy of the signed contract document on a durable medium, if different from the day of conclusion of the contract.
If the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off-premises contract, the withdrawal period will be extended. In order to ensure legal certainty over time, a one-year limitation period is introduced . However, Member States are allowed to maintain existing legislation to extend that limitation period.
After withdrawal, the consumer will have the right to be reimbursed (including the costs of delivery) without undue delay and within 14 days. The period for reimbursement shall begin when the trader receives notice of withdrawal. If the price of the goods to be returned is not more than EUR 40, the text in parentheses should read as follows: ‘at your own expense’.
Delivery : if the parties have not agreed on a specific delivery date, the trader should deliver the goods as soon as possible but in any event not later than thirty days from the day of the conclusion of the contract. Members state that the main difficulties encountered by consumers and the main source of disputes with traders concern delivery of goods, including goods getting lost or damaged during transport and late or partial delivery. Therefore the text harmonises the national rules on delivery and passing of risk. Where the trader has failed to fulfil his obligations to deliver the goods at the time agreed on with the consumer, the consumer shall be entitled to terminate the contract unless the goods are delivered within a new period to be determined by the consumer, which shall not exceed seven days. To that end, the consumer shall give prior notice in writing to the trader, specifying the new delivery period and stating his intention to terminate the contract in the event that the delivery does not take place by the end of that new delivery period. If, upon expiry of that period, no action has been taken, the consumer shall be deemed to have withdrawn from the contract.
The consumer shall be entitled to terminate the contract with immediate effect where the trader has implicitly or explicitly refused to deliver the goods, or where compliance with the agreed time of delivery is regarded as an essential element of the contract, taking into account the circumstances attending the conclusion of the contract. Upon termination of the contract, the trader shall immediately, and in any event not later than seven days after the termination of the contract, reimburse all sums paid under the contract.
In the case of a distance contract, the consumer shall be entitled to require the trader to deliver the goods or supply the service in another Member State. The trader shall meet the consumer's request if this is technically feasible and if the consumer agrees to bear all the related costs. The trader shall in any event state those costs in advance.
Duration of contracts : Members consider that contracts concluded between consumers and traders shall not stipulate an initial commitment period of more than 12 months. At the end of the initial 12-month commitment period, consumers shall be entitled to terminate the contract at any time.
Remedy where there is lack of conformity : Parliament proposes hierarchy of remedies , although Member States would retain the option of taking alternative measures, should they be both necessary and consistent with the principles of proportionality and effectiveness. Consumers would first be entitled to have the lack of conformity of the goods remedied by repair or replacement. Secondly, they would be entitled to have the price reduced appropriately or the sales contract rescinded. The consumer may insist on a reasonable reduction in price or rescission of the contract, where one of the following situations exists: (i) the consumer is entitled neither to repair nor replacement; (ii) the trader has refused explicitly or by his conduct to remedy the lack of conformity.
With regard to time limits and the burden of proof , the requirement to inform traders of the lack of conformity is deleted. In addition, in this area as well Member States would have the option of enacting or maintaining legal provisions which offer consumers a higher level of protection.
Contractual terms : Members propose that this chapter should apply to contract terms in contracts which have not been individually negotiated. With regard to the degree of harmonisation, Members state that certain contract terms are unfair in all circumstances. Member States may provide in their national legislation for additional contract terms considered unfair in all circumstances, as well as contract terms presumed to be unfair. When assessing the fairness of a contract term, the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader.
Review : one year after transposition, the Commission shall submit a report on the application of the Directive and make legislative proposals, accompanying the report, to adapt the Directive to developments in the field of consumer rights.
The Committee on the Internal Market and Consumer Protection adopted the report by Andreas SCHWAB (EPP, DE) on the proposal for a directive of the European Parliament and of the Council on consumer rights. It recommended that the European Parliament’s position at first reading under the ordinary legislative procedure should be to amend the Commission proposal. The main amendments are as follows:
Degree of harmonisation : Contrary to the initial Commission proposal for full harmonisation of EU legislation in all consumer rights fields, the committee voted by 22 votes to 16 against and 1 abstention to adopt a mixed approach of minimum and maximum harmonisation , which would fully harmonise areas such as information requirements, delivery deadlines and a right of withdrawal from distance and off-premises sales (online, postal orders, etc.). The aim is to ensure transparency for businesses and consumers, while leaving Member States free to retain higher standards in other areas, notably in relation to remedies for "lack of conformity", e.g. goods that are not as described in the contract. The text notes that the full harmonisation of some key regulatory aspects is justified in order to secure a single regulatory framework for consumer protection and in order to considerably increase legal certainty for both consumers and traders in cross-border business.
Scope : whilst the Council has announced that it favours narrowing the original Commission proposal to focus on online sales only, the committee has maintained the Commission proposal to cover almost all sales, with only a few exclusions, e.g. in financial services, social services, health care and online gambling.
Off-premises contracts under which the payment to be made by the consumer does not exceed EUR 40 should not be included in the scope, so that for instance street traders, whose goods are supplied immediately, are not overburdened with obligations as regards information. A right of withdrawal is also unnecessary in such cases, since the implications of such contracts are readily understandable. Nevertheless Member States should remain free, and be encouraged, to set a lower value.
Digital content : digital content transmitted to the consumer in a digital format, where the consumer obtains the possibility of use on a permanent basis or in a way similar to the physical possession of a good, should be treated as goods for the application of the Directive which apply to sales contracts. However, a withdrawal right should only apply until the moment the consumer chooses to download the digital content.
Pre-contractual information requirements for distance and off-premises contracts : the text states that before the consumer is bound by any distance or off-premises contract or any corresponding offer, the trader or the person acting on his behalf shall provide the consumer with certain specified information in a clear and intelligible manner. This information forms an integral part of the distance or off-premises contract, and Member States shall not impose any other requirements on the content of the model instructions on withdrawal set out in Annex I (A).
Consumers will also be protected and enjoy a right of withdrawal for solicited visits , such as when the trader called beforehand and pressed the consumer to agree to a visit. In addition, a distinction no longer needs to be made between solicited and unsolicited visits; circumvention of the rules will thus be prevented
Withdrawal : the consumer shall have a period of fourteen days to withdraw from a distance or off-premises contract, without giving any reason. The committee specifies that in the case of a distance or off-premises contract, the withdrawal period shall begin from the day of the conclusion of the contract or on the day on which the consumer receives a copy of the signed contract document on a durable medium, if different from the day of conclusion of the contract.
If the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off-premises contract, the withdrawal period will be extended. In order to ensure legal certainty over time, a one-year limitation period is introduced . However, Member States are allowed to maintain existing legislation to extend that limitation period.
After withdrawal, the consumer will have the right to be reimbursed (including the costs of delivery) without undue delay and within 14 days. The period for reimbursement shall begin when the trader receives notice of withdrawal.
Delivery : Members state that the main difficulties encountered by consumers and the main source of disputes with traders concern delivery of goods, including goods getting lost or damaged during transport and late or partial delivery. Therefore the text harmonises the national rules on delivery and passing of risk. Where the trader has failed to fulfil his obligations to deliver, the consumer may call upon him to make the delivery within no less than seven days and notify him of his intention to withdraw from the contract if delivery does not take place. The consumer is deemed to have withdrawn from the contract if no action has been taken by the time the deadline expires. Without prejudice to his rights to damages, the consumer will be entitled to a refund within seven days of withdrawal if payment has already been made. Member States may maintain provisions of national law, in order to ensure a higher level of consumer protection.
In the context of consumer sales, the delivery of goods can take place in various ways: either immediately or at a later date. If the parties have not agreed on a specific delivery date, the trader should deliver as soon as possible but in any event not later than thirty days from the day of the conclusion of the contract.
Differing political stances : it should be noted that some MEPs said that the Commission proposal should have been rejected from the outset, as its proposed full harmonisation approach could not be supported by any of the political groups, and left little room to define a middle course. Achieving the right balance between full and minimum harmonisation in the directive has been a crucial issue throughout the talks among the political groups within the committee.
In general, S&D and Greens favoured minimum harmonisation, which would allow Member States to have higher standards in some areas whilst ensuring a high level of consumer protection throughout Europe. EPP and ALDE, however, argued that a general EU-wide harmonisation with a number of exceptions is necessary to create transparency that would benefit businesses and consumers alike, by simplifying life for businesses and allowing them to expand their market shares while also ensuring broader choice, price competition and clarity on rights for consumers.
The Council agreed on a general approach for a draft directive on consumer rights. It also mandated the Presidency to pursue negotiations with the European Parliament with a view to reaching a first-reading agreement.
The general approach contains the following features:
Objectives : the purpose of the directive is to improve the functioning of the internal market and to contribute to a high level of consumer protection by approximating certain aspects of the laws of the Member States concerning distance and off-premises contracts. At the same time, it seeks to facilitate distance selling in order to boost business's confidence to trade across borders within the EU.
To that end, the Council's general approach fully harmonises the conditions on consumer information and the right of withdrawal in distance and off-premises contracts between traders and consumers.
The future rules would not prevent traders from offering consumers contractual arrangements which go beyond the protection provided in the directive.
Distance contracts would cover all cases where contracts are concluded with the exclusive use of means of distance communication, such as mail order, Internet, telephone or fax. Off-premises contracts would cover those contracts concluded with the simultaneous physical presence of the trader and the consumer in a place which is not the business premises of the trader, for example at the consumer's home or workplace .
Scope : the directive would apply to distance and off-premises contracts between a trader (be it public or private) and a consumer. It will also apply to contracts for the supply of water, gas, electricity and district heating. However, it would not apply to contracts in various sectors such as: immovable property, construction of new buildings, financial services; passenger transport services; certain social services, healthcare and gambling .
Digital content, such as computer programs, games or music that is not burned on a tangible medium, is not considered as a good within the meaning of the directive. On the contrary, tangible digital items such as CDs and DVDs, memory cards, etc., are to be considered within the scope of the directive. The downloading of digital content from Internet, considered as a services contract concluded by electronic means and performed immediately, will also fall within the scope of the directive, but without a right of withdrawal.
The new directive will replace directive 85/577/EEC on contracts negotiated away from business premises and directive 97/7/EC on distance contracts, which are currently in force. Moreover, it will complete the information requirements provided for in the "Services Directive" 3 and in the "E-commerce Directive".
Information requirements : before the consumer is bound by any contract, the trader will have:
· to provide the consumer with the necessary compulsory information in a clear and comprehensible manner. This information will be given in a way appropriate to the means of distance communication used;
· to seek the consent of the consumer to any extra charges (in addition to the remuneration foreseen for the trader's main contractual obligation).
If the trader has not obtained the consumer's express consent, then the consumer will be exempted to pay them or will be entitled to reimbursement.
With respect to distance contracts to be concluded by electronic means, which would place the consumer under an obligation to make a payment, the consumer will be bound by the contract only upon his explicit confirmation . The possibility for member states to impose additional information requirements applicable to service providers established in their territory is maintained.
Right of withdrawal : subject to exceptions and certain obligations, the consumer will have the right to withdraw from a distance or off-premises contract, within a period of fourteen days, without giving any reason and without any costs. To exercise this right, the consumer has to inform the trader of his decision to withdraw from the contract, for instance by written letter, fax or email, or by means of a standard form, before the withdrawal period has expired. In this case, the trader will reimburse all payments received from the consumer no later than fourteen days from the day on which he receives the communication of withdrawal. For sale of goods contracts, the trader may withhold the reimbursement until he has received the goods back.
Member States will be able to introduce or maintain in their national legislation an interdiction of payment during the withdrawal period.
Entry into effect : the provisions of the directive would apply to contracts concluded after 30 months after the entry into force of the directive.
The Parliament is expected to deliver its opinion during the first half of 2011.
The Presidency informed the Council about the global compromise text regarding a draft directive on consumer rights, supported by a qualified majority of delegations within the Permanent Representatives Committee, in order to reach a general approach at a forthcoming Council meeting.
Pending the opinion of the European Parliament, expected next year, the draft directive seeks to harmonise rules on consumer rights for contracts concluded between traders and consumers at a distance and off-premises, for example cross-border sales through the internet.
Ministers took also note of the autumn edition of the "4th Consumer Market Scoreboard" published by the Commission (see Council documents 17300 and 15407 ).
The Council took note of the German delegation's wish for European legislation against Internet cost traps ( doc. 10604/10 ).
In public session, the Council held a policy debate on a draft directive aimed at improving the functioning of the internal market while ensuring a high level of consumer rights across the EU, by revising and complementing four existing directives1 and introducing new rules on delivery and the passing on of risk.
The outcome of this second ministerial debate, after the first one held on 3 December 2009, provides guidance and a solid basis for continuing work, pending the opinion of the European Parliament.
Ministers examined key political aspects of the proposal, notably concerning maximum harmonization as a general principle governing the directive and the level of harmonisation as regards consumer information, the right of withdrawal and guarantees (covered by chapters II to IV of the proposal) for distance contracts (including off-premises contracts) and face-to-face contracts.
All delegations subscribed to the objective of an updated, clear and more uniform set of rules concerning consumer rights when purchasing goods and services in order to contribute to a properly functioning internal market as well as to ensure a high level of protection for consumers. The Commission proposal covers the right to information and withdrawal when buying at a distance and off premises, refund when terminating a contract due to late delivery and remedies for faulty goods. There is also a ban on unfair contract terms.
The Council held a policy debate on a draft directive. The outcome of the debate will provide guidance and a solid basis for continuing work in the coming months.
The interventions focused on important challenges ahead, including:
· the consumers and the citizens situation in the internal market;
· the technical development and the e-Commerce, which by nature is borderless;
· the cross-border dimension between regions, between neighbouring countries and within the whole internal market; and
· the need for balance between consumer rights and the obligations on traders.
Although the points of departure of the Member States sometimes differ, It is necessary to adopt more common rules to achieve a modern, clear European consumer policy providing legal certainty.
The Swedish Presidency will take into account views expressed by delegations when finalising a revised version of the draft directive.
There is a broad support for wide definitions of distance contracts and off premises contracts so as to ensure that consumers are entitled to specific information and a right of withdrawal in more cases than today.
A number of delegations expressed support for common rules on the right of withdrawal and a large majority of delegations mentioned a 14 day right of withdrawal for consumers both for distance and off premises contracts.
When it comes to the rules on delivery and faulty goods , several participants raised some concerns, while showing the willingness to pave the way for achieving solutions.
A large number of EU Member States think that there are specific areas which should not be covered by some or all parts of the directive, such as contracts on immovable property and financial services.
Previous negotiations proved that clarifications are deemed necessary to the text of the Commission proposal in order to well reflect essential elements such as the scope of the future directive, the coherence with other Community legislation and the interaction with the general contract law of the Member States.
The Presidency presented a progress report on the discussions held since the Commission presented the proposal in October 2008.
Following a first examination of the text, the work in the Council preparatory bodies concentrated on a number of key aspects of the proposal related to definitions, the scope of the directive, information requirements and the withdrawal right for off-premises and distance contracts.
PURPOSE: to contribute to the better functioning of the business-to-consumer internal market by enhancing consumer confidence in the internal market and reducing business reluctance to trade cross-border.
PROPOSED ACT: Directive of the European Parliament and of the Council.
BACKGROUND: this proposal is a result of the review of the Consumer Acquis which covers a number of Directives on consumer protection. The Review was launched in 2004 with the objective to simplify and complete the existing regulatory framework.
The proposal aims at revising four Directives:
Directive 85/577/EEC on contracts negotiated away from business premises, Directive 93/13/EEC on unfair terms in consumer contracts, Directive 97/7/EC on distance contracts, Directive 1999/44/EC on consumer sales and guarantees.
These four Directives provide for consumer contractual rights. They contain minimum harmonisation clauses meaning that Member States may maintain or adopt stricter consumer protection rules. Member States have made extensive use of this possibility. The outcome is a fragmented regulatory framework across the Community which causes significant compliance costs for businesses wishing to trade cross-border. The internal market effects of the fragmentation are a reluctance by businesses to sell cross-border to consumers which in turn reduces consumer welfare.
That review has shown that it is appropriate to replace those four Directives by this single Directive. This Directive should accordingly lay down standard rules for the common aspects and move away from the minimum harmonisation approach in the former Directives under which Member States could maintain or adopt stricter national rules.
The European Parliament, in its Resolution of 6 September 2007 recommended that legislative action is taken and expressed its preference for the adoption of an instrument taking the form of a horizontal Directive based on full targeted harmonisation.
CONTENT: the purpose of the proposal is to contribute to the proper functioning of the business-to-consumer internal market and achieve a high common level of consumer protection by fully harmonising the key aspects of consumer contract law which are relevant for the internal market.
- Chapter I contains the common definitions such as 'consumer' and 'trader' and lays down the principle of full harmonisation.
- Chapter II contains a core of information to be provided by traders prior to the conclusion of all consumer contracts as well as an information obligation on intermediaries concluding contracts on behalf of consumers.
- Chapter III which only applies to distance and off-premises contracts, provides for specific information requirements and regulates the right of withdrawal (length, exercise and effects) in a consistent manner. It also refers to a standard withdrawal form reproduced in Annex I(B).
- Chapter IV clarifies the provisions of Directive 99/44/EC. It maintains the principle that the trader is liable to the consumer for a period of two years if the goods are not in conformity with the contract. It introduces a new rule whereby the risk of loss or damage of the goods is transferred to the consumer only when he or a third person indicated by him other than the carrier acquires the material possession of the goods.
- Chapter V broadly reflects the provision of Directive 93/13/EEC. It applies to unfair contract terms which have not been individually negotiated, such as standard contract terms. Unfair terms are those creating significant imbalances in the rights and obligations of consumers and of traders and are not binding on consumers. In order to ensure legal certainty, the Directive contains two lists of unfair terms. Annex II contains a list of terms which in all circumstances are considered unfair. Annex III contains a list of terms which are deemed unfair unless the trader proves otherwise. These same lists apply in all Member States and may only be amended by the comitology procedure provided for by the Directive.
PURPOSE: to contribute to the better functioning of the business-to-consumer internal market by enhancing consumer confidence in the internal market and reducing business reluctance to trade cross-border.
PROPOSED ACT: Directive of the European Parliament and of the Council.
BACKGROUND: this proposal is a result of the review of the Consumer Acquis which covers a number of Directives on consumer protection. The Review was launched in 2004 with the objective to simplify and complete the existing regulatory framework.
The proposal aims at revising four Directives:
Directive 85/577/EEC on contracts negotiated away from business premises, Directive 93/13/EEC on unfair terms in consumer contracts, Directive 97/7/EC on distance contracts, Directive 1999/44/EC on consumer sales and guarantees.
These four Directives provide for consumer contractual rights. They contain minimum harmonisation clauses meaning that Member States may maintain or adopt stricter consumer protection rules. Member States have made extensive use of this possibility. The outcome is a fragmented regulatory framework across the Community which causes significant compliance costs for businesses wishing to trade cross-border. The internal market effects of the fragmentation are a reluctance by businesses to sell cross-border to consumers which in turn reduces consumer welfare.
That review has shown that it is appropriate to replace those four Directives by this single Directive. This Directive should accordingly lay down standard rules for the common aspects and move away from the minimum harmonisation approach in the former Directives under which Member States could maintain or adopt stricter national rules.
The European Parliament, in its Resolution of 6 September 2007 recommended that legislative action is taken and expressed its preference for the adoption of an instrument taking the form of a horizontal Directive based on full targeted harmonisation.
CONTENT: the purpose of the proposal is to contribute to the proper functioning of the business-to-consumer internal market and achieve a high common level of consumer protection by fully harmonising the key aspects of consumer contract law which are relevant for the internal market.
- Chapter I contains the common definitions such as 'consumer' and 'trader' and lays down the principle of full harmonisation.
- Chapter II contains a core of information to be provided by traders prior to the conclusion of all consumer contracts as well as an information obligation on intermediaries concluding contracts on behalf of consumers.
- Chapter III which only applies to distance and off-premises contracts, provides for specific information requirements and regulates the right of withdrawal (length, exercise and effects) in a consistent manner. It also refers to a standard withdrawal form reproduced in Annex I(B).
- Chapter IV clarifies the provisions of Directive 99/44/EC. It maintains the principle that the trader is liable to the consumer for a period of two years if the goods are not in conformity with the contract. It introduces a new rule whereby the risk of loss or damage of the goods is transferred to the consumer only when he or a third person indicated by him other than the carrier acquires the material possession of the goods.
- Chapter V broadly reflects the provision of Directive 93/13/EEC. It applies to unfair contract terms which have not been individually negotiated, such as standard contract terms. Unfair terms are those creating significant imbalances in the rights and obligations of consumers and of traders and are not binding on consumers. In order to ensure legal certainty, the Directive contains two lists of unfair terms. Annex II contains a list of terms which in all circumstances are considered unfair. Annex III contains a list of terms which are deemed unfair unless the trader proves otherwise. These same lists apply in all Member States and may only be amended by the comitology procedure provided for by the Directive.
Documents
- Follow-up document: COM(2017)0259
- Follow-up document: EUR-Lex
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2017)0169
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2017)0170
- Final act published in Official Journal: Directive 2011/83
- Final act published in Official Journal: OJ L 304 22.11.2011, p. 0064
- Draft final act: 00026/2011/LEX
- Commission response to text adopted in plenary: SP(2011)6334
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T7-0293/2011
- Decision by Parliament, 1st reading: T7-0116/2011
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A7-0038/2011
- Committee report tabled for plenary, 1st reading: A7-0038/2011
- Committee opinion: PE445.885
- Debate in Council: 3063
- Debate in Council: 3057
- Amendments tabled in committee: PE450.954
- Amendments tabled in committee: PE452.544
- Amendments tabled in committee: PE452.545
- Committee opinion: PE439.439
- Committee draft report: PE442.789
- Debate in Council: 3019
- Debate in Council: 3016
- Debate in Council: 2982
- Economic and Social Committee: opinion, report: CES1190/2009
- Debate in Council: 2945
- Committee of the Regions: opinion: CDR0009/2009
- Debate in Council: 2910
- Legislative proposal: COM(2008)0614
- Legislative proposal: EUR-Lex
- Document attached to the procedure: SEC(2008)2544
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2008)2545
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2008)2547
- Document attached to the procedure: EUR-Lex
- Legislative proposal published: COM(2008)0614
- Legislative proposal published: EUR-Lex
- Legislative proposal: COM(2008)0614 EUR-Lex
- Document attached to the procedure: SEC(2008)2544 EUR-Lex
- Document attached to the procedure: SEC(2008)2545 EUR-Lex
- Document attached to the procedure: SEC(2008)2547 EUR-Lex
- Committee of the Regions: opinion: CDR0009/2009
- Economic and Social Committee: opinion, report: CES1190/2009
- Committee draft report: PE442.789
- Committee opinion: PE439.439
- Amendments tabled in committee: PE450.954
- Amendments tabled in committee: PE452.544
- Amendments tabled in committee: PE452.545
- Committee opinion: PE445.885
- Committee report tabled for plenary, 1st reading/single reading: A7-0038/2011
- Commission response to text adopted in plenary: SP(2011)6334
- Draft final act: 00026/2011/LEX
- Follow-up document: COM(2017)0259 EUR-Lex
- Follow-up document: EUR-Lex SWD(2017)0169
- Follow-up document: EUR-Lex SWD(2017)0170
Activities
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- Maria do Céu PATRÃO NEVES
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Plenary Speeches (5)
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- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Giovanni LA VIA
Plenary Speeches (5)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Angelika WERTHMANN
Plenary Speeches (5)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Laima Liucija ANDRIKIENĖ
Plenary Speeches (4)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Louis MICHEL
Plenary Speeches (4)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Siiri OVIIR
Plenary Speeches (4)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Consumer rights (debate)
- Elena Oana ANTONESCU
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Sebastian Valentin BODU
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Jan BŘEZINA
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Francesco DE ANGELIS
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Marielle DE SARNEZ
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Lorenzo FONTANA
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Ashley FOX
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Agnès LE BRUN
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Rolandas PAKSAS
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Catherine STIHLER
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Dominique VLASTO
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Diana WALLIS
Plenary Speeches (3)
- Alfredo ANTONIOZZI
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Regina BASTOS
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Consumer rights (debate)
- Elena BĂSESCU
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Vito BONSIGNORE
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- George Sabin CUTAȘ
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Ioan ENCIU
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Lidia Joanna GERINGER DE OEDENBERG
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Consumer rights (debate)
- Mathieu GROSCH
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Salvatore IACOLINO
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Ian HUDGHTON
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Anneli JÄÄTTEENMÄKI
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Syed KAMALL
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Tunne KELAM
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Consumer rights (debate)
- Elisabeth KÖSTINGER
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Petru Constantin LUHAN
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Véronique MATHIEU HOUILLON
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Barbara MATERA
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Alajos MÉSZÁROS
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Consumer rights (debate)
- Justas Vincas PALECKIS
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Robert ROCHEFORT
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Consumer rights (debate)
- Zuzana ROITHOVÁ
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Consumer rights (debate)
- Hannu TAKKULA
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Alejo VIDAL-QUADRAS
Plenary Speeches (2)
- 2016/11/22 Consumer rights (debate)
- 2016/11/22 Consumer rights (debate)
- Damien ABAD
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Marta ANDREASEN
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Liam AYLWARD
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Raffaele BALDASSARRE
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Dominique BAUDIS
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Bas BELDER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Jean-Luc BENNAHMIAS
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Mario BORGHEZIO
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Zuzana BRZOBOHATÁ
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Luis Manuel CAPOULAS SANTOS
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Nikolaos CHOUNTIS
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Derek Roland CLARK
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Giovanni COLLINO
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Anna Maria CORAZZA BILDT
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Mário DAVID
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Joseph DAUL
Plenary Speeches (1)
- Viorica DĂNCILĂ
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- William (The Earl of) DARTMOUTH
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Proinsias DE ROSSA
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Lena EK
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Ildikó GÁLL-PELCZ
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Estelle GRELIER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Carl HAGLUND
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Małgorzata HANDZLIK
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Malcolm HARBOUR
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Rebecca HARMS
Plenary Speeches (1)
- Marian HARKIN
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Liem HOANG NGOC
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- María IRIGOYEN PÉREZ
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Ville ITÄLÄ
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Cătălin Sorin IVAN
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Edvard KOŽUŠNÍK
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Stavros LAMBRINIDIS
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Kurt LECHNER
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Krzysztof LISEK
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Antonio MASIP HIDALGO
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Gesine MEISSNER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Judith A. MERKIES
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Claudio MORGANTI
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Rareș-Lucian NICULESCU
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Georgios PAPANIKOLAOU
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Marit PAULSEN
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Hella RANNER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Sylvana RAPTI
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Britta REIMERS
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Mitro REPO
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Oreste ROSSI
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Paul RÜBIG
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Antolín SÁNCHEZ PRESEDO
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Daciana Octavia SÂRBU
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Olle SCHMIDT
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Martin SCHULZ
Plenary Speeches (1)
- Olga SEHNALOVÁ
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Peter SKINNER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Bart STAES
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Timothy Charles Ayrton TANNOCK
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Marianne THYSSEN
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Silvia-Adriana ȚICĂU
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Kyriacos TRIANTAPHYLLIDES
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Emilie TURUNEN
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Bernadette VERGNAUD
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
- Jarosław WAŁĘSA
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Cecilia WIKSTRÖM
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Anna ZÁBORSKÁ
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Zbigniew ZIOBRO
Plenary Speeches (1)
- 2016/11/22 Consumer rights (debate)
Votes
A7-0038/2011 - Andreas Schwab - Am 265/1 #
A7-0038/2011 - Andreas Schwab - Am 265/2 #
A7-0038/2011 - Andreas Schwab - Am 265/3 #
A7-0038/2011 - Andreas Schwab - Am 265/4 #
A7-0038/2011 - Andreas Schwab - Résolution législative #
Amendments | Dossier |
1777 |
2008/0196(COD)
2010/06/11
ECON
65 amendments...
Amendment 10 #
Proposal for a directive Recital 11 a (new) (11a) The Union should aim to achieve a European Charter of Consumer Rights in the field of financial services. The Charter should bring together and simplify all existing provisions, specify rights such as access to information, control of own financial records, adequate advice and consumer education, promote financial inclusion, incorporate best practices from Member States, facilitate collective redress and encourage stakeholder's participation. Additionally, an annual report should evaluate the fulfilment across the Union of the measures provided for in the Charter.
Amendment 11 #
Proposal for a directive Recital 12 a (new) (12a) The importance of European markets for online digital content is increasing and therefore it should be clear that goods referred to in this Directive also include digital products, such as downloads and software.
Amendment 12 #
Proposal for a directive Recital 39 (39) The trader should be liable to the consumer if the goods are not in conformity with the contract. The goods should be presumed to be in conformity with the contract if they satisfy a number of conditions concerning mainly the qualities of the goods. The quality and performance which consumers can reasonably expect will depend inter alia on whether the goods are new or second-hand as well as on the expected life-span of the goods. Where it is particularly difficult to detect a lack of conformity in certain goods, such as construction material, an extended period of insuring goods for the trader is required.
Amendment 13 #
Proposal for a directive Recital 57 a (new) (57a) The Commission should ensure the availability of out-of-court complaints and a collective redress mechanism for European consumers. This would increase consumer confidence and facilitate the possibility for consumers to handle complaints of a less serious nature and involving smaller amounts.
Amendment 14 #
Proposal for a directive Recital 60 a (new) (60a) To ensure a high level of consumer protection and fair conditions of trade as well as a level playing field for entrepreneurs across the single market, the Commission should investigate and develop the use of independent methods of alternative dispute resolution, such as the Nordic ombudsman model, at the Union level and in all Member States.
Amendment 15 #
Proposal for a directive Article 1 – paragraph 1 The purpose of this Directive is to
Amendment 16 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'trader' means any natural or legal person who, in contracts covered by this Directive, is acting for purposes relating to his trade, business, craft or profession and anyone acting in the name of or on behalf of a trader; in the case of financial services, the special requirements provided for in the EU sectorial financial legislation should be regarded;
Amendment 17 #
Proposal for a directive Article 3 – paragraph 2 2. This Directive shall
Amendment 18 #
Proposal for a directive Article 3 – paragraph 2 2. This Directive shall only apply to financial services as regards certain
Amendment 19 #
Proposal for a directive Article 3 – paragraph 2 2. This Directive shall only apply to financial services as regards certain off- premises contracts as provided for by Articles 8 to 20, unfair contract terms as provided for by Articles 30 to 39 and general provisions as provided for by
Amendment 20 #
Proposal for a directive Article 3 – paragraph 3 3. Only Articles 30 to 39 on consumer rights concerning unfair contract terms, read in conjunction with Article 4 on
Amendment 21 #
Proposal for a directive Article 3 – paragraph 3 a (new) Insofar as it is not harmonised in this Directive, the rules do not affect national law in the area of general contract law regulating the conclusions or validity of a contract, or the rights of the contracting parties to terminate a contract on the basis of a breach of contract.
Amendment 23 #
Proposal for a directive Article 4 1. Unless indicated differently in this Directive, Member States may
Amendment 24 #
Proposal for a directive Article 4 1. Unless indicated differently in this Directive, Member States may
Amendment 25 #
Proposal for a directive Article 4 1. Unless indicated differently in this Directive, Member States may
Amendment 26 #
Proposal for a directive Article 4 Amendment 27 #
Proposal for a directive Article 4 Member States may
Amendment 29 #
Proposal for a directive Article 5 – paragraph 1 – point c a (new) (ca) the total cost of the credit to the consumer, comprising all the costs and including (i) the borrowing rate, fixed or variable or both, together with particulars of any charges included in the total cost of the credit to the consumer; (ii) the total amount of credit; (iii) the annual percentage rate of charge, and (iv) the duration of the credit agreement;
Amendment 3 #
Proposal for a directive Recital 2 (2) Those Directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules, removing inconsistencies and closing unwanted gaps in the rules. That review has shown that it is appropriate to replace those four Directives by this single Directive.
Amendment 30 #
Proposal for a directive Article 5 – paragraph 1 – point e (e) the existence or the absence of a right of withdrawal
Amendment 31 #
Proposal for a directive Article 5 – paragraph 3 a (new) Amendment 32 #
Proposal for a directive Article 7 a (new) Article 7a Higher level of protection With regard to Articles 5, 6 and 7, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 33 #
Proposal for a directive Article 7 a (new) Article 7a Higher level of protection With regard to Articles 5, 6 and 7, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 34 #
Proposal for a directive Article 8 – paragraph 1 a (new) Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Chapter, except as provided for in Articles 9, 11(3), 13(1a), 19 and 20.
Amendment 35 #
Proposal for a directive Article 11 – paragraph 3 3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide at least the information regarding the main characteristics of the product and the total price referred to in Articles 5(1)(a), (c) and (ca) on that particular medium prior to the conclusion of such a contract. The other information referred to in Articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1.
Amendment 36 #
Proposal for a directive Article 11 – paragraph 5 Amendment 37 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 2 Amendment 38 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 3 Amendment 39 #
Proposal for a directive Article 12 – paragraph 4 Amendment 4 #
Proposal for a directive Recital 8 (8)
Amendment 40 #
Proposal for a directive Article 13 If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles
Amendment 41 #
Proposal for a directive Article 13 – paragraph 1 a (new) Member States can maintain national provisions allowing for a longer withdrawal period or provisions which do not set off the withdrawal period as long as the information referred to in paragraph 1 has not been provided.
Amendment 42 #
Proposal for a directive Article 16 – paragraph 1 1. The trader shall reimburse any payment
Amendment 43 #
Proposal for a directive Article 16 – paragraph 2 Amendment 44 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 2 The co
Amendment 45 #
Proposal for a directive Article 17 – paragraph 2 2. The consumer
Amendment 46 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2a. Except as provided for in this Article, the consumer does not incur any liability through the exercise of the right of withdrawal.
Amendment 47 #
Proposal for a directive Article 19 a (new) Article 19a Higher level of protection With regard to Articles 8 to 19, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 48 #
Proposal for a directive Article 20 – paragraph 2 Amendment 49 #
Proposal for a directive Article 20 – paragraph 3 a (new) 3a. Member States may choose not to apply Articles 8 to 19 to off premises contracts up to a specified amount. The amount may not exceed EUR 60.
Amendment 5 #
Proposal for a directive Recital 11 (11)
Amendment 50 #
Proposal for a directive Article 26 – paragraph 1 – introductory part 1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to, according to the consumer’s choice:
Amendment 51 #
Proposal for a directive Article 26 – paragraph 1 – point a (a) have the lack of conformity remedied by repair
Amendment 52 #
Proposal for a directive Article 26 – paragraph 1 – point a a (new) (aa) have the lack of conformity remedied by replacement,
Amendment 53 #
Proposal for a directive Article 26 – paragraph 2 Amendment 54 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 Amendment 55 #
Proposal for a directive Article 26 – paragraph 4 – point d (d) the same or another defect has
Amendment 56 #
Proposal for a directive Article 28 – paragraph 1 1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within
Amendment 57 #
Proposal for a directive Article 28 – paragraph 2 2. Whe
Amendment 58 #
Proposal for a directive Article 28 – paragraph 2 2. When the trader has remedied the lack of conformity by repair or replacement, the
Amendment 59 #
Proposal for a directive Article 28 – paragraph 3 Amendment 6 #
Proposal for a directive Recital 11 (11) The existing Community legislation on consumer financial services contains numerous rules on consumer protection.
Amendment 60 #
Proposal for a directive Article 28 – paragraph 4 Amendment 61 #
Proposal for a directive Article 28 – paragraph 5 5. Unless proved otherwise, any lack of conformity which becomes apparent within
Amendment 62 #
Proposal for a directive Article 29 a (new) Article 29a Higher level of protection With regard to Articles 21 to 29, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 63 #
Proposal for a directive Article 31 – paragraph 3 – subparagraph 1 a (new) In order to ensure full transparency, the consumer shall be provided with information concerning the borrowing rate, fixed or variable or both, together with particulars of any charges included in the total cost of the credit to the consumer, the total amount of credit, the annual percentage rate of charge and the duration of the credit agreement, both at a pre-contractual stage and when the credit agreement is concluded.
Amendment 64 #
Proposal for a directive Article 34 Member States shall ensure that contract terms, as set out in the list in Annex II, are considered unfair in all circumstances. That list of contract terms shall apply in all Member States
Amendment 65 #
Proposal for a directive Article 35 Member States shall ensure that contract terms, as set out in the list in point 1 of Annex III, are considered unfair, unless the trader has proved that such contract terms are fair in accordance with Article 32. That list of contract terms shall apply in all Member States
Amendment 66 #
Proposal for a directive Article 39 a (new) Article 39a Higher level of protection With regard to Articles 30 to 39, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 67 #
Proposal for a directive Article 45 The consumer shall be exempted from the provision of any consideration in cases of unsolicited supply of a product as prohibited by Article 5(5) and point 29 of Annex I of Directive 2005/29/EC. The absence of a response from the consumer following such an unsolicited supply shall not constitute consent. Not withstanding the right of objection of employees, this shall not prevent employers from automatically enrolling employees into their workforce pension schemes if this was out on employers contributions. It should also not prevent the tacit renewal of insurance, credit and other financial contracts whereby they are automatically renewed upon expiry following explicit contract provisions.
Amendment 7 #
Proposal for a directive Recital 11 a (new) (11a) New financial products that fall below the EUR 200 lower limit, set out in the existing legislation, should be taken into account when renewing the current financial legislation or in further development of the consumer rights directive in relating to consumer information and unfair business practices.
Amendment 8 #
Proposal for a directive Recital 11 a (new) (11a) In order to enable consumers to make their decisions in full knowledge of the facts, they should receive adequate information, which the consumer may take away and consider, prior to the conclusion of the credit agreement, on the conditions and cost of the credit and on their obligations.
Amendment 9 #
Proposal for a directive Recital 11 b (new) (11b) In the future, when reviewing existing legislation on financial services, the Commission should take a horizontal approach regarding financial services for consumers.
source: PE-442.948
2010/10/13
JURI
329 amendments...
Amendment 100 #
Proposal for a directive Recital 7 (7) These disparities create significant internal market barriers affecting business and consumers. They increase compliance costs to business wishing to engage in cross border sale of goods or provision of services. Fragmentation also undermines consumer confidence in the internal market. The negative effect on consumer confidence is strengthened by an uneven level of consumer protection across the
Amendment 101 #
Proposal for a directive Recital 8 (8) Full harmonisation of some key regulatory aspects will considerably increase legal certainty for both consumers and business. Both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business-to-consumer contracts across the
Amendment 102 #
Proposal for a directive Recital 8 (8) Full harmonisation of some key regulatory aspects will considerably increase legal certainty for both consumers and business. Both consumers and business will be able to rely on
Amendment 103 #
Proposal for a directive Recital 9 a (new) (9a) This Directive should not affect national law in the area of general contract law, insofar as this is not harmonised in this Directive.
Amendment 104 #
Proposal for a directive Recital 11 (11) The existing
Amendment 105 #
Proposal for a directive Recital 11 a (new) (11a) This directive should not affect Member State provisions relating to the acquisition of immovable property or to guarantees concerning such property, or the formulation or transfer of rights in rem area over immovable property (including buildings still to be constructed).
Amendment 106 #
Proposal for a directive Recital 12 (12) The new definition of distance contract should cover all cases where
Amendment 107 #
Proposal for a directive Recital 13 (13) The particular circumstances under which an offer was made or the contract was negotiated should not be relevant in the definition of a distance contract. The fact that the
Amendment 108 #
Proposal for a directive Recital 14 (14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the
Amendment 109 #
Proposal for a directive Recital 14 (14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer's home or workplace.
Amendment 110 #
Proposal for a directive Recital 16 (16)
Amendment 111 #
Proposal for a directive Recital 16 (16) The definition of durable medium should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of the computer on which the electronic mail or a pdf file
Amendment 112 #
Proposal for a directive Recital 17 (17) Consumers should be entitled to receive information in good time before the con
Amendment 113 #
Proposal for a directive Recital 17 a (new) (17a) In order to guarantee a high level of consumer protection in relation to information requirements for distance and off-premises contracts, Member States should be able introduce stricter requirements than those set out by this Directive for cases where there is a demonstrable risk to consumers' heath and safety.
Amendment 114 #
Proposal for a directive Recital 20 Amendment 115 #
Proposal for a directive Recital 22 (22) Since in the case of distance sales, the consumer is not able to see the good before concluding the contract he should have a right of withdrawal,
Amendment 116 #
Proposal for a directive Recital 22 a (new) (22a) The provisions regarding information and the right of withdrawal for distance sales should, due to the nature of those services, not apply when a consumer uses a public pay phone, pays to use an Internet connection or chooses a specific provider for one single telephone call, for instance by dialling a prefix, in contrast to what is the case for telephone or Internet subscriptions.
Amendment 117 #
Proposal for a directive Recital 26 Amendment 118 #
Proposal for a directive Recital 27 (27) If the
Amendment 119 #
Proposal for a directive Recital 28 (28) Differences in the ways in which the right of withdrawal is exercised in the Member States have caused costs for businesses selling cross-border. The introduction of a harmonised
Amendment 120 #
Proposal for a directive Recital 30 (30) In case of withdrawal the
Amendment 121 #
Proposal for a directive Recital 31 (31) Some consumers exercise their right of withdrawal improperly in that they do so after having used the goods to an extent more than necessary to ascertain the nature, quality and functioning of the good. In this case the consumer should
Amendment 122 #
Proposal for a directive Recital 33 (33) Certain exemptions should exist from the right of withdrawal, such as in cases where a right of withdrawal would be inappropriate given the nature of the product
Amendment 123 #
Proposal for a directive Recital 34 (34)
Amendment 124 #
Proposal for a directive Recital 36 (36) The application of a right of withdrawal may be inappropriate for certain services relating to accommodation, transport and leisure. The conclusion of the corresponding contracts implies the setting aside of capacity which, if a right of withdrawal was introduced, the
Amendment 125 #
Proposal for a directive Recital 37 (37) For the purpose of simplification and legal certainty, the right of withdrawal should apply to all types of distance and off-premises contracts, except under strictly defined circumstances which can easily be proved.
Amendment 126 #
Proposal for a directive Recital 37 a (new) (37a) The main difficulties encountered by consumers and the main source of disputes with businesses are about delivery of goods, including goods getting lost or damaged during transport and late and partial delivery. Therefore it is appropriate to harmonise the national rules on delivery and passing of risk. However, the rules concerning the determination of the conditions for and the moment at which the ownership in the goods is transferred remain subject to national law.
Amendment 127 #
Proposal for a directive Recital 37 b (new) (37b) Where the business has failed to fulfil its obligations to deliver, the consumer should call upon it, on a durable medium, to make the delivery and notify it of his intention to terminate the contract if delivery does not take place. The consumer can withdraw from the contract on expiry of that period if no action has been taken. Without prejudice to his rights to damages, the consumer should be entitled to a refund within seven days of withdrawal if payment has already been made.
Amendment 128 #
Proposal for a directive Recital 38 (38) In the context of consumer sales, the delivery of goods can take place in various ways. Only a rule which may be freely derogated from will allow the necessary flexibility to take into account those variations. The consumer should be protected against any risk of loss or damage of the goods occurring during the transport arranged or carried out by the
Amendment 129 #
Proposal for a directive Recital 38 a (new) (38a) A single, common concept of conformity which provides a high level of consumer protection will provide businesses and consumers with greater legal certainty and reduce barriers to trade. The issues of liability and consequent remedies should, however, remain a matter for the national law of individual Member States.
Amendment 130 #
Proposal for a directive Recital 44 (44) Some
Amendment 131 #
Proposal for a directive Recital 46 (46) Provisions on unfair contract terms should not apply to contract terms, which directly or indirectly reflect
Amendment 132 #
Proposal for a directive Recital 47 (47) Consumer contract terms should be drafted in plain, intelligible language and be legible.
Amendment 133 #
Proposal for a directive Recital 47 a (new) Amendment 134 #
Proposal for a directive Recital 49 (49) For the purposes of this Directive, neither the fairness of terms which describe the main subject matter of the contract, nor the quality/price ratio of the goods or services supplied should be assessed unless these terms did not meet transparency requirements. The main subject matter of the contract and the price/quality ratio should nevertheless be taken into account in assessing the fairness of other terms. For example, in insurance contracts, the terms which clearly define or circumscribe the insured risk and the insurer's liability should not be subject to such an assessment since these restrictions are taken into
Amendment 135 #
Proposal for a directive Recital 50 (50) In order to ensure legal certainty and improve the functioning of the internal market, the Directive should contain two lists of unfair terms. Annex II contains a list of terms which should in all circumstances be considered unfair. Annex III contains a list of terms which should be deemed unfair unless the
Amendment 136 #
Proposal for a directive Recital 50 a (new) Amendment 137 #
Proposal for a directive Recital 51 Amendment 138 #
Proposal for a directive Recital 52 Amendment 139 #
Proposal for a directive Recital 53 Amendment 140 #
Proposal for a directive Recital 60 a (new) (60a) Digital goods transmitted to the consumer in a digital format, where the consumer obtains the possibility of use on a permanent basis or in a way similar to the physical possession of a good with the possibility to store it on his computer, should be treated as goods for the application of the provisions applying to sales contracts. The format in which a product is presented or purchased should not matter in terms of consumer protection and consumers should be equally protected on line and off-line.
Amendment 141 #
Proposal for a directive Recital 63 Amendment 142 #
Proposal for a directive Recital 64 a (new) Amendment 143 #
Proposal for a directive Recital 64 b (new) (64b) In accordance with point 34 of the Interinstitutional Agreement on better law-making1, Member States are encouraged to draw up, for themselves and in the interests of the Union, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public. 1 OJ C 321, 31.12.2003, p. 1.
Amendment 144 #
Proposal for a directive Recital 65 (65) Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore be better achieved at
Amendment 145 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) "consumer' means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business
Amendment 146 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) "
Amendment 147 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3) "sales contract' means any contract
Amendment 148 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – introductory part (4) "goods' means any tangible
Amendment 149 #
Proposal for a directive Article 2 – paragraph 1 – point 4 a (new) (4a) 'good made to the customer's specifications' means any non- prefabricated good made on the basis of an individual choice or decision by the consumer;
Amendment 150 #
Proposal for a directive Article 2 – paragraph 1 – point 5 (5) "service contract' means any contract
Amendment 151 #
Proposal for a directive Article 2 – paragraph 1 – point 5 a (new) (5a) 'mixed purpose contract' means any contract containing both parts on the supply of services and parts on the delivery of goods;
Amendment 152 #
Proposal for a directive Article 2 – paragraph 1 – point 6 (6) "distance contract' means any
Amendment 153 #
Proposal for a directive Article 2 – paragraph 1 – point 6 (6) ) 'distance contract' means any sales or service contract
Amendment 154 #
Proposal for a directive Article 2 – paragraph 1 – point 7 Amendment 155 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – introductory part (8) "off-premises contract' means any contract between a business and a consumer for the provision of a good or supply of a service:
Amendment 156 #
Proposal for a directive Article 2 – paragraph 1 – point 8 –point a (a)
Amendment 157 #
Proposal for a directive Article 2 – paragraph 1 – point 8 –point a a (new) (aa) for which an offer was made by the consumer with the simultaneous physical presence of the business and the consumer away from business premises, or
Amendment 158 #
Proposal for a directive Article 2 – paragraph 1 – point 8 –point b (b)
Amendment 159 #
Proposal for a directive Article 2 – paragraph 1 – point 11 Amendment 160 #
Proposal for a directive Article 2 – paragraph 1 – point 12 Amendment 161 #
Proposal for a directive Article 2 – paragraph 1 – point 14 Amendment 162 #
Proposal for a directive Article 2 – paragraph 1 – point 15 Amendment 163 #
Proposal for a directive Article 2 – paragraph 1 – point 16 (16) 'public auction' means a method of sale where good
Amendment 164 #
Proposal for a directive Article 2 – paragraph 1 – point 17 (17)
Amendment 165 #
Proposal for a directive Article 2 – paragraph 1 – point 18 (18) 'commercial guarantee' means any
Amendment 166 #
Proposal for a directive Article 2 – paragraph 1 – point 19 Amendment 167 #
Proposal for a directive Article 2 – paragraph 1 – point 20 (20) '
Amendment 168 #
Proposal for a directive Article 3 – paragraph 1 1. This Directive shall apply, under the conditions and to the extent set out in its provisions, to
Amendment 169 #
Proposal for a directive Article 3 – paragraph 2 Amendment 170 #
Proposal for a directive Article 3 – paragraph 3 Amendment 171 #
Proposal for a directive Article 3 – paragraph 4 Amendment 173 #
Proposal for a directive Article 4 1. Except where provided for in paragraph 2, Member States may adopt or maintain in force more stringent provisions, in the field covered by this Directive, in order to ensure a higher level of consumer protection. Member States shall ensure that such provisions are compatible with the Treaties. 2. Member States may not maintain or introduce
Amendment 174 #
Proposal for a directive Article 4 Member States may
Amendment 175 #
Proposal for a directive Article 4 Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of consumer protection unless otherwise provided in this directive.
Amendment 176 #
Proposal for a directive Chapter 2 – title Consumer information and right of withdrawal for distance and off-premises contracts
Amendment 177 #
Proposal for a directive Article 4 a (new) Amendment 178 #
Proposal for a directive Article 5 – title Amendment 179 #
Proposal for a directive Article 5 – paragraph 1 – introductory part 1.
Amendment 180 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) the main characteristics of the
Amendment 181 #
Proposal for a directive Article 5 – paragraph 1 – point b (b)
Amendment 182 #
Proposal for a directive Article 5 – paragraph 1 – point b a (new) (ba) the business address of the business as well as its telephone and fax number and e-mail address, where available, to enable the consumer to contact the business quickly and communicate with it efficiently;
Amendment 183 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) the arrangements for payment, delivery, performance and the complaint handling policy
Amendment 184 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) the arrangements for payment, delivery, performance and the complaint handling policy
Amendment 185 #
Proposal for a directive Article 5 – paragraph 1 – point e (e) the existence of a right of withdrawal, where applicable, and the costs relating to withdrawals or changes in respect of the location or provider of the services being received;
Amendment 186 #
Proposal for a directive Article 5 – paragraph 1 – point e (e)
Amendment 187 #
Proposal for a directive Article 5 – paragraph 1 – point e a (new) (ea) where a right of withdrawal does not apply in accordance with Article 19(1) that the consumer will not benefit from a right of withdrawal;
Amendment 188 #
Proposal for a directive Article 5 – paragraph 1 – point h Amendment 189 #
Proposal for a directive Article 5 – paragraph 1 – point h (h) the minimum duration of the consumer's and trader’s (service provider’s) obligations under the contract, where applicable;
Amendment 190 #
Proposal for a directive Article 5 – paragraph 1 – point i a (new) (ia) the possibility of having recourse to an amicable dispute settlement, where applicable;
Amendment 191 #
Proposal for a directive Article 5 – paragraph 1 – point i b (new) (ib) the obligation of the consumer for payment in accordance with Article 17(3) where performance of services has begun during the withdrawal period with the consumer's prior express consent, where applicable;
Amendment 192 #
Proposal for a directive Article 5 – paragraph 1 – point i c (new) (ic) the existence of codes of conduct and how they can be obtained, where applicable;
Amendment 193 #
Proposal for a directive Article 5 – paragraph 2 2. In the case of a public auction, the information in points (a) and (b) of paragraph 1
Amendment 194 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2a. Member States shall not provide for any other formal requirements applicable to the model instructions on withdrawal in Annex I(A).
Amendment 195 #
Proposal for a directive Article 5 – paragraph 2 b (new) 2b. If the business uses the model instructions on withdrawal in Annex I(A) it will comply with the information requirements for distance and off- premises contracts in paragraph 1(e).
Amendment 196 #
Proposal for a directive Article 5 – paragraph 3 3. The information referred to in paragraph 1 shall form an integral part of the sales or service distance or off-premises contract.
Amendment 197 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. Should the provisions of this Article run counter to other legislative provisions of the Union which regulate special contracts, the latter provisions shall take precedence and shall govern those special contracts.
Amendment 198 #
Proposal for a directive Article 5 – paragraph 3 b (new) 3b. The business bears the burden of proof that is has provided the information required by this article.
Amendment 199 #
Proposal for a directive Article 5 – paragraph 3 c (new) 3c. Article 5 shall be without prejudice to the provisions concerning information requirements contained in Directive 2006/123/EC of the European Parliament and of the Council[1] and Directive 2000/31/EC of the European Parliament and of the Council[2]. [1] OJ L 376, 27.12.2006, p. 36. [2] OJ L 178, 17.7.2000, p. 1.
Amendment 200 #
Proposal for a directive Article 6 – paragraph 2 2. Without prejudice to Articles
Amendment 201 #
Proposal for a directive Article 6 – paragraph 2 2. Without prejudice to Articles 7(2), 13 and 42, the consequences of any breach of Article 5
Amendment 202 #
Proposal for a directive Article 7 Amendment 203 #
Proposal for a directive Chapter III – title Amendment 204 #
Proposal for a directive Article 8 Amendment 205 #
Proposal for a directive Article 9 Amendment 206 #
Proposal for a directive Article 9 – paragraph 1 b (new) 1b. Member States shall not impose any formal requirements other than those provided for in paragraphs 1 to 1(a) unless the goods may present a particular risk to the health and safety of the consumer or a third person.
Amendment 207 #
Proposal for a directive Article 10 – title Formal rules for compliance with information requirements for off-premises contracts
Amendment 208 #
Proposal for a directive Article 10 – paragraph 1 1. With respect to off-premises contracts, the information provided for in Article
Amendment 209 #
Proposal for a directive Article 10 – paragraph 2 Amendment 210 #
Proposal for a directive Article 10 – paragraph 3 3. Member States shall not impose any pre-contractual formal requirements other than those provided for in paragraphs 1 and 2
Amendment 211 #
Proposal for a directive Article 10 – paragraph 3 3. Member States shall not impose any
Amendment 212 #
Proposal for a directive Article 11 – title Formal rules for compliance with information requirements for distance contracts
Amendment 213 #
Proposal for a directive Article 11 – paragraph 1 1. With respect to distance contracts, the information provided for in Article
Amendment 214 #
Proposal for a directive Article 11 – paragraph 1 1. With respect to distance contracts, the information provided for in Article
Amendment 215 #
Proposal for a directive Article 11 – paragraph 2 2. If, in conformity with the national law applicable, the trader makes a telephone call to the consumer with a view to concluding a distance contract by telephone, the trader shall disclose his identity and, where applicable the identity of the person on whose behalf he makes the call and the commercial purpose of the call at the beginning of the conversation with the consumer.
Amendment 216 #
Proposal for a directive Article 11 – paragraph 2 a (new) 2a. In case the contract places the consumer under the obligation to make a payment, the trader shall display this obligation clearly and prominently to the consumer, prior to the consumers’ contractual statement. The order shall be binding only if the consumer has confirmed to be aware of this obligation.
Amendment 217 #
Proposal for a directive Article 11 – paragraph 3 3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide
Amendment 218 #
Proposal for a directive Article 11 – paragraph 3 3. If the contract is concluded through a medium which allows limited space or time to display the information, the
Amendment 219 #
Proposal for a directive Article 11 – paragraph 3 a (new) 3a. If a distance contract concluded on the internet places the consumer under an obligation to make a payment, the consumer shall only be bound by the contract if the business (a) indicates clearly and prominently the total price including all price components and (b) designs its internet presentation in a manner that a binding order is only possible after the consumer has confirmed recognition of the indication required in item (a).
Amendment 220 #
Proposal for a directive Article 11 – paragraph 4 Amendment 221 #
Proposal for a directive Article 11 – paragraph 4 4. The consumer shall receive confirmation of all the information referred to in Article
Amendment 222 #
Proposal for a directive Article 11 – paragraph 5 Amendment 223 #
Proposal for a directive Article 11 – paragraph 5 5. Member States shall not impose any pre-contractual formal requirements other than those provided for in paragraphs 1
Amendment 224 #
Proposal for a directive Article 11 – paragraph 5 5. Member States shall not impose any
Amendment 225 #
Proposal for a directive Article 12 – paragraph 1 1. The consumer shall have a period of fourteen days calendar days to withdraw from a distance or off-premises contract, without giving any reason.
Amendment 226 #
Proposal for a directive Article 12 – paragraph 1 a (new) 1a. Unless provided otherwise, the withdrawal period shall begin from the day of the conclusion of the contract or on the day on which the consumer receives a copy of the signed contract on a durable medium, if this is not the day of the conclusion of the contract.
Amendment 227 #
Proposal for a directive Article 12 – paragraph 2 2.
Amendment 228 #
Proposal for a directive Article 12 – paragraph 2 2.
Amendment 229 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 1 Amendment 230 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 1 Amendment 231 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 2 Amendment 232 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 2 In the case of a distance or off-premises contract for the s
Amendment 233 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 3 Amendment 234 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 3 In the case of
Amendment 235 #
Proposal for a directive Article 12 – paragraph 4 Amendment 236 #
Proposal for a directive Article 12 – paragraph 4 4.
Amendment 237 #
Proposal for a directive Article 12 – paragraph 4 a (new) 4a. In the case of distance contracts, Member States must not prohibit the parties from performing their obligations as laid down in this directive during the withdrawal period. In the case of off-premises contracts, this article shall be without prejudice to national provisions establishing a period within the withdrawal period during which performance of the contract cannot commence.
Amendment 238 #
Proposal for a directive Article 13 – title Amendment 239 #
Proposal for a directive Article 13 If the trader has not provided the consumer with the information
Amendment 240 #
Proposal for a directive Article 13 If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 10(1) and 11(4), the withdrawal period shall expire
Amendment 241 #
Proposal for a directive Article 13 – paragraph 1 If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 10(1) and 11(4), the withdrawal period shall expire three months after
Amendment 242 #
Proposal for a directive Article 13 If the
Amendment 243 #
Proposal for a directive Article 13 – paragraph 1 a (new) 1a. If the business has provided the consumer with the information on the right of withdrawal within one year from the day referred to in Article 12 (1a), and (2), the withdrawal period shall expire after one month from the day where the consumer receives the information.
Amendment 244 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 1 Amendment 245 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 2 Member States shall not provide for any other formal requirements applicable to this
Amendment 246 #
Proposal for a directive Article 14 – paragraph 2 2. For distance contracts
Amendment 247 #
Proposal for a directive Article 15 – paragraph 1 – point b (b) to conclude a
Amendment 248 #
Proposal for a directive Article 16 – title Amendment 249 #
Proposal for a directive Article 16 – paragraph 1 1. The
Amendment 250 #
Proposal for a directive Article 16 – paragraph 1 a (new) 1a. If the consumer has expressly opted for a type of delivery other than a standard delivery, the business shall not be required to reimburse the resulting additional costs.
Amendment 251 #
Proposal for a directive Article 16 – paragraph 2 Amendment 252 #
Proposal for a directive Article 16 – paragraph 2 2. For
Amendment 253 #
Proposal for a directive Article 17 – title Obligations of the consumer to return goods in case of withdrawal
Amendment 254 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 1 For sales contracts for which the material possession of the goods has been transferred to the consumer or at his request, to a third party before the expiration of the withdrawal period, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them, within fourteen calendar days from the day on which he communicates his withdrawal to the trader, unless the trader has offered to collect the goods himself
Amendment 255 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 1 For
Amendment 256 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 2 The co
Amendment 257 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 2 The consumer shall only be charged for the direct cost of returning the goods
Amendment 258 #
Proposal for a directive Article 17 – paragraph 2 2. The consumer
Amendment 259 #
Proposal for a directive Article 17 – paragraph 2 2. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value where the
Amendment 260 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2a. For services contracts, the consumer is liable for any costs incurred up to the point of withdrawal only when he expressly requested the early performance of the contract. Such costs should be reasonable and proportionate to the extent of the service already provided up to the point of withdrawal.
Amendment 261 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2a. For service contracts the consumer shall bear the costs for services supplied, in full or in part, during the withdrawal period where the business provided the information in accordance with Article 5(1)(k) and where performance of services has begun during the withdrawal period with the consumer's prior express consent.
Amendment 262 #
Proposal for a directive Article 18 – title Effects of the exercise of the right of withdrawal on
Amendment 263 #
Proposal for a directive Article 18 – paragraph 1 1. Without prejudice to Article 15 of Directive 2008/48/EC, if the consumer exercises his right of withdrawal from a
Amendment 264 #
Proposal for a directive Article 19 – paragraph 1 – introductory part 1. In respect of distance and off-premises contracts, the right of withdrawal shall not apply as regards the following:
Amendment 265 #
Proposal for a directive Article 19 – paragraph 1 – point a Amendment 266 #
Proposal for a directive Article 19 – paragraph 1 – point a (a)
Amendment 267 #
Proposal for a directive Article 19 – paragraph 1 – point a (a) services where performance has begun, with the consumer's prior express consent, before the end of the fourteen calendar day period referred to in Article 12;
Amendment 268 #
Proposal for a directive Article 19 – paragraph 1 – point b (b) the supply of goods or services for which the price is dependent on fluctuations in the
Amendment 269 #
Proposal for a directive Article 19 – paragraph 1 – point c (c) the supply of goods
Amendment 270 #
Proposal for a directive Article 19 – paragraph 1 – point c a (new) (ca) the supply of foodstuffs, beverages or other hygienically sensitive goods whose packaging or sealing has already been opened by the consumer;
Amendment 271 #
Proposal for a directive Article 19 – paragraph 1 – point c b (new) (cb) contracts for which the consumer, in order to respond to an immediate emergency, has requested the immediate performance of the contract by the business; if, on this occasion, the business supplies or sells additional services or goods other than those which are strictly necessary to meet the immediate emergency of the consumer, the right of withdrawal shall apply to those additional services or goods;
Amendment 272 #
Proposal for a directive Article 19 – paragraph 1 – point c c (new) (cc) contracts for which the consumer has specifically requested the business to visit him at home for the purpose of carrying out repairs or maintenance; if on this occasion, the business supplies services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;
Amendment 273 #
Proposal for a directive Article 19 – paragraph 1 – point d (d) the supply of wine, the price of which has been agreed upon at the time of the conclusion of the
Amendment 274 #
Proposal for a directive Article 19 – paragraph 1 – point e (e) the supply of sealed audio or video recordings or sealed computer software which were unsealed by the consumer;
Amendment 275 #
Proposal for a directive Article 19 – paragraph 1 – point f (f) the supply of newspapers, periodicals and magazines with the exception of subscription contracts;
Amendment 276 #
Proposal for a directive Article 19 – paragraph 1 – point g Amendment 277 #
Proposal for a directive Article 19 – paragraph 1 – point g (g)
Amendment 278 #
Proposal for a directive Article 19 – paragraph 1 – point h (h) contracts concluded at an auction, with the exception of contracts concluded at internet auctions.
Amendment 279 #
Proposal for a directive Article 19 – paragraph 1 – point h (h) contracts concluded at a
Amendment 280 #
Proposal for a directive Article 19 – paragraph 1 – point h a (new) h a) cases in which the consumer has been informed of his right of withdrawal in accordance with Article 9(b) and Article 10(1) or Article 11(4) and has abused the possibility of checking the quality of the goods in question by using or consuming them, in the course of the withdrawal period referred to in Article 12 (1), to a greater extent than that required for the purpose of ascertaining how they function and/or by damaging them.
Amendment 281 #
Proposal for a directive Article 19 – paragraph 2 Amendment 282 #
Proposal for a directive Article 19 – paragraph 3 3. The parties may agree not to apply paragraph
Amendment 283 #
Proposal for a directive Article 20 Amendment 284 #
Proposal for a directive Article 20 – paragraph 1 – point a (a)
Amendment 285 #
Proposal for a directive Article 21 – paragraph 4 Amendment 286 #
Proposal for a directive Article 22 – paragraph 1 1. Unless the parties have agreed otherwise, the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party, other than the carrier and indicated by the consumer,
Amendment 287 #
Proposal for a directive Article 22 – paragraph 1 1. Unless the parties have agreed otherwise, the trader shall deliver the goods by transferring the material possession of the goods to the consumer
Amendment 288 #
Proposal for a directive Article 22 – paragraph 1 1. Unless the parties have agreed otherwise, the
Amendment 289 #
Proposal for a directive Article 22 – paragraph 2 Amendment 290 #
Proposal for a directive Article 22 – paragraph 2 2. Where the trader has failed to fulfil his obligation
Amendment 291 #
Proposal for a directive Article 22 – paragraph 2 2. Where the trader has failed to fulfil his obligations to deliver at the agreed moment, the consumer shall be entitled to
Amendment 292 #
Proposal for a directive Article 22 – paragraph 2 2.
Amendment 293 #
Proposal for a directive Article 22 – paragraph 2 2.
Amendment 294 #
Proposal for a directive Article 22 – paragraph 2 a (new) 2 a. In addition to the termination of the contract in accordance with paragraph 2, the consumer may have recourse to other remedies provided by national law.
Amendment 295 #
Proposal for a directive Article 22 – paragraph 2 a (new) 2a. If delivery does not take place within the new delivery period under paragraph 2, the consumer is entitled to rescind the contract.
Amendment 296 #
Proposal for a directive Article 22 – paragraph 2 b (new) 2b. The consumer may rescind the contract under paragraphs 2 or 3 by giving notice to the trader in writing or on another durable medium. The trader is required to refund any sums paid within seven days from the date he receives the consumer’s notice.
Amendment 297 #
Proposal for a directive Article 23 – paragraph 1 1. The risk of loss of or damage to the goods shall pass to the consumer
Amendment 298 #
Proposal for a directive Article 23 – paragraph 1 1. The risk of loss of or damage to the goods shall pass to the consumer when he or a third party
Amendment 299 #
Proposal for a directive Article 23 – paragraph 2 2. The risk referred to in paragraph 1 shall pass to the consumer
Amendment 300 #
Proposal for a directive Article 23 – paragraph 2 a (new) 2a. The parties may not, to the detriment of the consumer, exclude the application of this Article, derogate from it or vary its effects.
Amendment 301 #
Proposal for a directive Article 24 – paragraph 1 1. The
Amendment 302 #
Proposal for a directive Article 24 – paragraph 1 1. The
Amendment 303 #
Proposal for a directive Article 24 – paragraph 2 2.
Amendment 304 #
Proposal for a directive Article 24 – paragraph 2 – introductory part 2. Delivered goods shall be presumed to be in conformity with the sales contract if they satisfy the following conditions:
Amendment 305 #
Proposal for a directive Article 24 – paragraph 2 – point c (c) they are fit for the purposes for which goods of the same type are normally used
Amendment 306 #
Proposal for a directive Article 24 – paragraph 2 – point c (c) they are fit for the purposes for which goods of the same type are normally used
Amendment 307 #
Proposal for a directive Article 24 – paragraph 2 – point c (c) they are fit for the purposes for which goods of the same type are normally used
Amendment 308 #
Proposal for a directive Article 24 – paragraph 2 – point d (d) they show the quality and performance which are normal in goods of the same type including the consideration of the purpose, the appearance and finish, the freedom from minor defects and the durability of the product, availability of after-sales services and of spare parts, the conformity to legal requirements regarding the safety of goods, and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling.
Amendment 309 #
Proposal for a directive Article 24 – paragraph 2 – point d (d) they show the quality and performance which are normal in goods of the same type including the consideration of the purpose, the appearance and finish, the freedom from minor defects and the durability of the product, availability of after-sales services and of spare parts, the conformity to legal requirements regarding the safety of goods, and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling.
Amendment 310 #
Proposal for a directive Article 24 – paragraph 3 3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was aware, or should reasonably have been aware of, the lack of conformity
Amendment 311 #
Proposal for a directive Article 24 – paragraph 3 3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was aware, or
Amendment 312 #
Proposal for a directive Article 24 – paragraph 3 3. There shall be no lack of conformity for the purposes of this Article
Amendment 313 #
Proposal for a directive Article 24 – paragraph 4 – introductory part 4. The
Amendment 314 #
Proposal for a directive Article 24 – paragraph 4 – point b (b) by the time of conclusion of the contract the statement had been corrected by the same means and in due time before;
Amendment 315 #
Proposal for a directive Article 24 – paragraph 4 – point b (b) by the time of conclusion of the contract the statement had been corrected by the same means and in due time before;
Amendment 316 #
Proposal for a directive Article 24 – paragraph 4 – point b (b) by the time of conclusion of the contract the statement had been corrected and the consumer had the opportunity to become aware of the correction;
Amendment 317 #
Proposal for a directive Article 24 – paragraph 5 5. Any lack of conformity resulting from the incorrect installation of the goods shall be considered as a lack of conformity of the goods where the
Amendment 318 #
Proposal for a directive Article 26 – paragraph 1 – introductory part 1.
Amendment 319 #
Proposal for a directive Article 26 – paragraph 1 – introductory part 1.
Amendment 320 #
Proposal for a directive Article 26 – paragraph 1 – point a (a) have the lack of conformity remedied by repair or replacement
Amendment 321 #
Proposal for a directive Article 26 – paragraph 1 – point b (b)
Amendment 322 #
Proposal for a directive Article 26 – paragraph 1 – point b (b) have the price reduced, or
Amendment 323 #
Proposal for a directive Article 26 – paragraph 1 – point c Amendment 324 #
Proposal for a directive Article 26 – paragraph 2 2.
Amendment 325 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 3.
Amendment 326 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 3. Where the
Amendment 327 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 2 Amendment 328 #
Proposal for a directive Article 26 – paragraph 4 – introductory part 4.
Amendment 329 #
Proposal for a directive Article 26 – paragraph 4 – point a (a) the
Amendment 330 #
Proposal for a directive Article 26 – paragraph 4 – point a a (new) (aa) the trader has refused expressively or by concludent behaviour to remedy the lack of conformity
Amendment 331 #
Proposal for a directive Article 26 – paragraph 4 – point c (c)
Amendment 332 #
Proposal for a directive Article 26 – paragraph 4 – point c (c) the trader has
Amendment 333 #
Proposal for a directive Article 26 – paragraph 4 – point d (d) the same defect has reappeared
Amendment 334 #
Proposal for a directive Article 26 – paragraph 4 – point d (d) after repair the same defect has reappeared more than once within a short period of time.
Amendment 335 #
Proposal for a directive Article 26 – paragraph 4 – point d a (new) (da) due to significant reasons, which are concerned with the supplier, a remedy is unreasonable.
Amendment 336 #
Proposal for a directive Article 26 – paragraph 5 5. The significant inconvenience for the consumer and the reasonable time needed for the trader to remedy the lack of conformity shall be assessed taking into account the nature of the goods
Amendment 337 #
Proposal for a directive Article 26 – paragraph 5 5. The significant inconvenience for the consumer and the reasonable time needed for the
Amendment 338 #
Proposal for a directive Article 26 – paragraph 5 a (new) 5a. The consumer shall not be entitled to have the sales contract rescinded if the lack of conformity is minor.
Amendment 339 #
Proposal for a directive Article 26 – paragraph 5 a (new) 5a. The consumer may only rescind the contract if the lack of conformity is not minor, with the result that it limits or impairs his use or consumption of the good or service.
Amendment 340 #
Proposal for a directive Article 26 – paragraph 5 a (new) 5a. The consumer may only rescind the contract if the lack of conformity is not minor.
Amendment 341 #
Proposal for a directive Article 26 – paragraph 5 b (new) 5b. Member States may adopt or maintain provisions of national law giving consumers, in the event of lack of conformity, a free choice from among the remedies referred to in paragraph 1, in order to ensure a higher level of protection for consumers. These measures must be essential in order to protect consumers appropriately, and must be proportionate and effective.
Amendment 342 #
Proposal for a directive Article 26 – paragraph 5 b (new) 5b. In addition to the remedies set out in paragraph 1, Member States may entitle the consumer to terminate the contract during a period of thirty days from the time the risk passed to the consumer, where the lack of conformity is not minor. The burden of proof is incumbent on the business. Member States shall notify the provisions to the Commission which shall make this information public in an easily accessible way.
Amendment 343 #
Proposal for a directive Article 27 – paragraph 2 2. Without prejudice to the provisions of this Chapter, the consumer may claim damages provided for by national law for any loss not remedied in accordance with Article 26.
Amendment 344 #
Proposal for a directive Article 28 – paragraph 1 1. The
Amendment 345 #
Proposal for a directive Article 28 – paragraph 1 1. The
Amendment 346 #
Proposal for a directive Article 28 – paragraph 1 a (new) 1a. Member States may extend the time limit up to 6 years for all goods or certain goods or where a significant lack of conformity becomes apparent after the period referred to in paragraph 1. Member States shall notify the corresponding provision to the Commission which shall make this information public in an easily accessible way.
Amendment 347 #
Proposal for a directive Article 28 – paragraph 2 Amendment 348 #
Proposal for a directive Article 28 – paragraph 2 2. When the
Amendment 349 #
Proposal for a directive Article 28 – paragraph 3 3. In the case of second-hand goods, the trader and the consumer may agree on a
Amendment 350 #
Proposal for a directive Article 28 – paragraph 4 Amendment 351 #
Proposal for a directive Article 28 – paragraph 4 4. In order to benefit from his rights under Article 25, the consumer shall inform the trader of the lack of conformity within two months from the date on which he detected the lack of conformity. A breach of this term will not entail a loss of the relevant right of remedy and the consumer, nevertheless, will be liable for any loss or damage effectively caused by a delayed notification. Unless otherwise proven, it will be understood that the consumer and user’s notification has taken place within the term established.
Amendment 352 #
Proposal for a directive Article 28 – paragraph 5 5. Unless proved otherwise, any lack of conformity which becomes apparent within
Amendment 353 #
Proposal for a directive Article 28 – paragraph 5 5. Unless proved otherwise, any lack of conformity which becomes apparent within
Amendment 354 #
Proposal for a directive Article 28 – paragraph 5 a (new) 5a. When the trader has remedied the lack of conformity by replacement, any lack of conformity which becomes apparent within two years of the time when the risk passed back to the consumer, shall be presumed to have existed at that time unless proved otherwise or unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.
Amendment 355 #
Proposal for a directive Article 28 – paragraph 5 a (new) 5a. Member States shall have the option of maintaining or adopting national provisions relating to the legal guarantee of conformity that differ from those under this directive, in such a way as to ensure a higher level of protection for consumers.
Amendment 356 #
Proposal for a directive Article 29 a (new) Amendment 357 #
Proposal for a directive Article 29 a (new) Article 29a Direct producer’s liability 1. The producer is liable towards the consumer to repair or replace the goods for any lack of conformity that existed at the date of the purchase. 2. The producer shall repair or replace the goods, at his choice, at the latest 30 days after having been notified of the lack of conformity without prejudice to article 28.1. 3. This Article is without prejudice to the provisions of national law concerning the right of contribution or recourse.
Amendment 358 #
Proposal for a directive Article 29 – paragraph 2 – introductory part 2. The guarantee statement shall be drafted in plain intelligible language and be legible. It shall also be drafted in the same language in which the goods were offered and, if not otherwise provided in the guarantee statement, shall be binding on the guarantor in favour of every owner of the goods within the duration of the guarantee. It shall include the following:
Amendment 359 #
Proposal for a directive Article 29 – paragraph 2 – point a (a) legal rights of the consumer, as provided for in Article 26 and Article 28 and a clear statement that those rights are not affected by the commercial guarantee,
Amendment 360 #
Proposal for a directive Article 29 – paragraph 2 – point b (b) set the contents of the commercial guarantee and the conditions for making claims, notably the duration, territorial scope
Amendment 361 #
Proposal for a directive Article 29 – paragraph 2 – point c (c)
Amendment 362 #
Proposal for a directive Article 29 – paragraph 2 – point c (c)
Amendment 363 #
Proposal for a directive Article 29 – paragraph 2 – point c (c) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable, that the commercial guarantee cannot be transferred to a subsequent
Amendment 364 #
Proposal for a directive Article 29 – paragraph 3 3.
Amendment 365 #
Proposal for a directive Article 30 – paragraph 1 1. This Chapter shall apply to contract terms drafted in advance by the trader or a third party, which the consumer agreed to without having the possibility of influencing their content, in particular where such contract terms are part of a pre- formulated standard contract. The supplier has to prove that the contract clauses have been individually negotiated.
Amendment 366 #
Proposal for a directive Article 30 – paragraph 1 1. This Chapter shall apply to contract terms drafted in advance by the
Amendment 367 #
Proposal for a directive Article 30 – paragraph 2 2. The fact that the
Amendment 368 #
Proposal for a directive Article 30 – paragraph 3 3. This Chapter shall not apply to contract terms reflecting
Amendment 369 #
Proposal for a directive Article 30 – paragraph 3 3. This Chapter shall not apply to contract terms reflecting
Amendment 370 #
Proposal for a directive Article 31 – paragraph 1 1. Contract terms shall be expressed in plain, intelligible language and be legible easily and permanently accessible; they should be provided in the language in which the contract is concluded.
Amendment 371 #
Proposal for a directive Article 31 – paragraph 1 1. Contract terms shall be expressed in plain, intelligible language and be legible, easily and permanently accessible; they should be provided in the language in which the contract is concluded.
Amendment 372 #
Proposal for a directive Article 31 – paragraph 1 a (new) 1a. A contract term which has been supplied by the trader in breach of the duty of transparency according to this article shall on that ground alone be considered unfair.
Amendment 373 #
Proposal for a directive Article 31 – paragraph 2 a (new) 2a. The contract terms shall be presented at a place where the consumer reasonably expects to find them.
Amendment 374 #
Proposal for a directive Article 31 – paragraph 3 a (new) 3a. The contract terms shall be presented at a place where a consumer reasonably expects to find them.
Amendment 375 #
Proposal for a directive Article 31 – paragraph 4 Amendment 376 #
Proposal for a directive Article 31 – paragraph 4 Amendment 377 #
Proposal for a directive Article 31 – paragraph 4 4. Member States shall refrain from imposing any presentational requirements as to the way the contract terms are expressed
Amendment 378 #
Proposal for a directive Article 31 – paragraph 4 4. Member States shall refrain from imposing any
Amendment 379 #
Proposal for a directive Article 31 – paragraph 4 4. Member States shall refrain from imposing any presentational requirements as to the way the contract terms in a distance or off-premises contract are expressed or made available to the consumer
Amendment 380 #
Proposal for a directive Article 32 – paragraph 1 1.
Amendment 381 #
Proposal for a directive Article 32 – paragraph 2 2.
Amendment 382 #
Proposal for a directive Article 32 – paragraph 2 2. Without prejudice to Articles 34 and 38, the unfairness of a contract term shall be assessed, taking into account the nature of the products for which the contract was concluded and by referring, at the time of the conclusion of the contract, to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent.
Amendment 383 #
Proposal for a directive Article 32 – paragraph 2 a (new) 2a. When assessing the fairness of a contract term, the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the business in accordance with Article 31 (1) and 31 (2). A term which has been supplied by the business in breach of the duty of transparency imposed by paragraph 1 may on that ground alone be considered unfair.
Amendment 384 #
Proposal for a directive Article 32 – paragraph 3 3. Paragraphs 1 and 2 shall not apply to the assessment of the main subject matter of the contract or to the adequacy of the remuneration foreseen for the trader's main contractual obligation, provided that the trader fully complies with Article 31. This exclusion does not apply to the remuneration foreseen for the trader from ancillary or contingent charges set out in the contract.
Amendment 385 #
Proposal for a directive Article 32 – paragraph 3 3. Paragraphs 1 and 2 shall not apply to the assessment of the main subject matter of the contract or to the adequacy of the remuneration foreseen for the
Amendment 386 #
Proposal for a directive Article 32 – paragraph 3 a (new) 3a. The Annex contains a non-exhaustive list of clauses, which may be been declared as being unfair and which can serve as a reference.
Amendment 387 #
Proposal for a directive Article 32 – paragraph 3 a (new) 3a. Where the contract is concluded for the acquisition of digital goods, the terms of use are not considered as the subject matter of the contract
Amendment 388 #
Proposal for a directive Article 33 Amendment 389 #
Proposal for a directive Article 33 Where the trader claims that a contract term
Amendment 390 #
Proposal for a directive Article 34 Amendment 391 #
Proposal for a directive Article 34 Member States shall ensure that contract terms, as set out in the list in Annex II, are considered unfair in all circumstances. That list of contract terms shall apply in all Member States
Amendment 392 #
Proposal for a directive Article 35 Amendment 393 #
Proposal for a directive Article 35 Member States shall ensure that contract terms, as set out in the list in point 1 of Annex III, are
Amendment 394 #
Proposal for a directive Article 36 – paragraph 1 1. The Member States will ensure that a contract clause is also considered to be unfair if it has not been written in plain and intelligible language. Where there is doubt about the meaning of a term, the interpretation most favourable to the consumer shall prevail.
Amendment 395 #
Proposal for a directive Article 37 – paragraph 1 Contract terms which are unfair according to this Directive shall not be binding on the consumer in accordance with national law. The contract shall continue to bind the parties if it can remain in force without the unfair terms.
Amendment 396 #
Proposal for a directive Article 38 – paragraph 1 1. Member States shall ensure that, in the interests of consumers and competitors, adequate and effective means exist to prevent the
Amendment 397 #
Proposal for a directive Article 38 – paragraph 3 3. Member States shall enable the courts or administrative authorities to apply appropriate and effective means to prevent
Amendment 398 #
Proposal for a directive Article 39 Amendment 399 #
Proposal for a directive Article 40 Amendment 400 #
Proposal for a directive Article 40 – paragraph 1 Amendment 401 #
Proposal for a directive Article 45 – paragraph 1 The consumer shall be exempted from the provision of any consideration in cases of unsolicited supply of a
Amendment 402 #
Proposal for a directive Article 47 – paragraph 1 Directives 85/577/EEC 93/13/EEC and 97/7/EC and Directive 1999/44/EC, as amended by the Directives listed in Annex IV, are repealed as of [date of transposition].
Amendment 403 #
Proposal for a directive Article 47 a (new) Amendment 404 #
Proposal for a directive Article 47 b (new) Amendment 405 #
Proposal for a directive Annex I – part A A.
Amendment 406 #
Proposal for a directive Annex II – part B B. Model withdrawal form
Amendment 407 #
Proposal for a directive Annex II – paragraph 1 – point a a (new) (aa) excluding or limiting the liability of the business for damage on the property of the consumer caused deliberately or as a result of gross negligence through an act or omission by the business;
Amendment 408 #
Proposal for a directive Annex 2 – paragraph 1 – point b (b) limiting the
Amendment 409 #
Proposal for a directive Annex 2 – paragraph 1 – point c a (new) (ca) conferring exclusive jurisdiction for all disputes arising under the contract to the place where the business is domiciled unless the chosen court is also the court for the place where the consumer is domiciled;
Amendment 410 #
Proposal for a directive Annex 3 – paragraph 1 – point a a (new) (aa) makes binding on the consumer an obligation which is subject to a condition the fulfilment of which depends solely on the intention of the business;
Amendment 411 #
Proposal for a directive Annex 3 – paragraph 1 – point c a (new) (ca) requiring a consumer to purchase ancillary goods or services not advertised in the price of the main contract;
Amendment 412 #
Proposal for a directive Annex 3 – paragraph 1 – point c b (new) (cb) applying contingent charges, such as penalties for breaching the contract terms, that are clearly disproportionate to the costs incurred by the trader due to the breach of terms;
Amendment 413 #
Proposal for a directive Annex 3 – paragraph 1 – point d a (new) (da) excluding or hindering the consumer’s right to instruct and authorise a third party to conclude a contract between the consumer and the trader and/or to take steps which are meant to lead to, or facilitate, the conclusion of a contract between the consumer and the trader.
Amendment 414 #
Proposal for a directive Annex 3 – paragraph 1 – point e (e) enabling the
Amendment 415 #
Proposal for a directive Annex 3 – paragraph 1 – point g (g)
Amendment 416 #
Proposal for a directive Annex 3 – paragraph 1 – point k (k) enabling the
Amendment 417 #
Proposal for a directive Annex 3 – paragraph 1 – point l a (new) (la) allowing a business, where what has been ordered is unavailable, to supply an equivalent without having expressly informed the consumer of this possibility and of the fact that the business must bear the cost of returning what the consumer has received under the contract if the consumer exercises a right to withdraw.
Amendment 418 #
Proposal for a directive Annex 3 – paragraph 2 Amendment 419 #
Proposal for a directive Annex 3 – paragraph 3 – point c a (new) (ca) package travel contracts regulated by Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours.
Amendment 420 #
Proposal for a directive Annex 3 – paragraph 4 – introductory part 4. Point 1(e), (g) and (k) shall not apply to
Amendment 421 #
Proposal for a directive Annex 3 – paragraph 4 – point a Amendment 422 #
Proposal for a directive Annex 3 – paragraph 4 – point d Amendment 94 #
Proposal for a directive Citation 1 Having regard to the Treaty
Amendment 95 #
Proposal for a directive Citation 4 Acting in accordance with the
Amendment 96 #
Proposal for a directive Recital 3 (3) Article 1
Amendment 97 #
Proposal for a directive Recital 4 (4) In accordance with Article
Amendment 98 #
Proposal for a directive Recital 4 (4) In accordance with Article
Amendment 99 #
Proposal for a directive Recital 6 (6) The laws of the Member States on consumer contracts show marked differences which can generate appreciable distortions of competition and obstacles to the smooth functioning of the internal market. The existing
source: PE-450.756
2010/10/25
IMCO
1383 amendments...
Amendment 1000 #
Proposal for a directive Article 19 – paragraph 1 – point f (f) the supply of newspapers, periodicals and magazines with the exception of subscription contracts;
Amendment 1001 #
Proposal for a directive Article 19 – paragraph 1 – point g Amendment 1002 #
Proposal for a directive Article 19 – paragraph 1 – point g Amendment 1003 #
Proposal for a directive Article 19 – paragraph 1 – point g (g) gaming and lottery services; unless the contract has been concluded by phone;
Amendment 1004 #
Proposal for a directive Article 19 – paragraph 1 – point g (g) gaming and lottery services unless the contract was concluded by telephone;
Amendment 1005 #
Proposal for a directive Article 19 – paragraph 1 – point g (g) gaming and lottery services, unless the contract was concluded by telephone;
Amendment 1006 #
Proposal for a directive Article 19 – paragraph 1 – point g (g) gambling a
Amendment 1007 #
Proposal for a directive Article 19 – paragraph 1 – point h Amendment 1008 #
Proposal for a directive Article 19 – paragraph 1 – point h Amendment 1009 #
Proposal for a directive Article 19 – paragraph 1 – point h Amendment 1010 #
Proposal for a directive Article 19 – paragraph 1 – point h Amendment 1011 #
Proposal for a directive Article 19 – paragraph 1 – point h (h) contracts concluded at a
Amendment 1012 #
Proposal for a directive Article 19 – paragraph 1 – point h h) contracts concluded at a
Amendment 1013 #
Proposal for a directive Article 19 – paragraph 2 – introductory part 2. In respect of
Amendment 1014 #
Proposal for a directive Article 19 – paragraph 2 – introductory part 2. In respect of off-premises contracts, the right of withdrawal shall in addition not apply as regards the following:
Amendment 1015 #
Proposal for a directive Article 19 – paragraph 2 – point b Amendment 1016 #
Proposal for a directive Article 19 – paragraph 2 – point b (b)
Amendment 1017 #
Proposal for a directive Article 19 – paragraph 2 – point c Amendment 1018 #
Proposal for a directive Article 19 – paragraph 2 – point c (c)
Amendment 1019 #
Proposal for a directive Article 19 – paragraph 2 – point c (c)
Amendment 1020 #
Proposal for a directive Article 19 – paragraph 2 – point c a (new) (ca) the supply of sealed audio or video recordings or sealed computer software which were unsealed by the consumer;
Amendment 1021 #
Proposal for a directive Article 19 – paragraph 2 – point c b (new) (cb) newspapers, periodicals and magazines unless the consumer's agreement to the contract was given by telephone;
Amendment 1022 #
Proposal for a directive Article 19 – paragraph 2 – point c c (new) (cc) gaming and lottery services unless the consumer's agreement to the contract was given by telephone;
Amendment 1023 #
Proposal for a directive Article 19 – paragraph 2 – point c d (new) (cd) contracts concluded at a public auction.
Amendment 1024 #
Proposal for a directive Article 19 – paragraph 2 – point c a (new) (ca) The right of withdrawal shall not apply to distance and off-premises contracts which, in accordance with the provisions of the Member States, are certified by a public office holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope;
Amendment 1025 #
Proposal for a directive Article 19 – paragraph 2 – point c a (new) (ca) services tailored to the consumer's personalised requirements or wishes and requiring the supplier to make individual arrangements which he can make no other use of;
Amendment 1026 #
Proposal for a directive Article 19 – paragraph 3 3.
Amendment 1027 #
Proposal for a directive Article 19 – paragraph 3 a (new) 3a. The parties may agree not to apply paragraphs 1, 2 and 3.
Amendment 1028 #
Proposal for a directive Article 19 – paragraph 3 a (new) 3a. Member States may not adopt or maintain rules which go beyond the provisions in this Article, including where they result in a higher or lower level of consumer protection.
Amendment 1029 #
Proposal for a directive Article 19 a (new) Amendment 1030 #
Proposal for a directive Article 20 – paragraph 1 – point a (a) for
Amendment 1031 #
Proposal for a directive Article 20 – paragraph 1 – point a (a)
Amendment 1032 #
Proposal for a directive Article 20 – paragraph 1 – point a (a)
Amendment 1033 #
Proposal for a directive Article 20 – paragraph 1 – point a (a) for the sale or rental of immovable property or relating to other immovable property rights, except for
Amendment 1034 #
Proposal for a directive Article 20 – paragraph 1 – point a (a)
Amendment 1035 #
Proposal for a directive Article 20 – paragraph 1 – point a (a) for
Amendment 1036 #
Proposal for a directive Article 20 – paragraph 1 – point c Amendment 1037 #
Proposal for a directive Article 20 – paragraph 1 – point d Amendment 1038 #
Proposal for a directive Article 20 – paragraph 1 – point d a (new) (da) concluded with a lawyer as defined in Article 1(2) of Directive 98/5/EC.
Amendment 1039 #
Proposal for a directive Article 20 – paragraph 1 – point d a (new) (da) for the provision of transport services.
Amendment 1040 #
Proposal for a directive Article 20 – paragraph 1 – point d a (new) (da) relating to financial services.
Amendment 1041 #
Proposal for a directive Article 20 – paragraph 1 – point d a (new) (da) for the provision of transport services.
Amendment 1044 #
Proposal for a directive Article 20 – paragraph 2 – point c a (new) (ca) an off premises contract or off premises contracts entered into on the same occasion, the value or aggregate value of which is less than EUR 100.
Amendment 1045 #
Proposal for a directive Article 20 – paragraph 3 Amendment 1046 #
Proposal for a directive Article 20 – paragraph 3 Amendment 1047 #
Proposal for a directive Article 20 – paragraph 3 Amendment 1048 #
Proposal for a directive Article 20 – paragraph 3 Amendment 1049 #
Proposal for a directive Article 20 – paragraph 3 Amendment 1050 #
Proposal for a directive Article 20 – paragraph 3 a (new) 3a. Member States may choose not to apply Articles 8 to 19 to off premises contracts up to a specified amount. The amount may not exceed EUR 60.
Amendment 1051 #
Proposal for a directive Article 8 – paragraph 1 a (new) 1a. Member States may decide that this Chapter shall not apply to an off premises contract the value of which, or the aggregate value of such contracts entered into on the same occasion, is up to Euro 100.
Amendment 1052 #
Proposal for a directive Article 20 – paragraph -1 (new) -1. Member States may maintain or introduce, in their national law, more stringent provisions than those laid down in this Article, in order to ensure a higher level of consumer protection.
Amendment 1053 #
Proposal for a directive Article 20 a (new) Amendment 1054 #
Proposal for a directive Article 20 a (new) Article 20a Should a Member State note that a proven risk of prejudice to the consumer has arisen as a result of developments in market practices, it may take the necessary national measures to remedy the situation. It shall immediately inform the Commission and the other Member States thereof and give reasons for its decision. In its report on the application of this directive, as provided for in Article […], the Commission shall consider in particular whether this directive should be amended in order to establish appropriate mechanisms at Union level to deal with the new market practices that justified the introduction of national measures.
Amendment 1055 #
Proposal for a directive Article 20 a (new) Article 20a With regard to articles 21-29a, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 1056 #
Proposal for a directive Article 20 a (new) Article 20a Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in Articles 1 to 20, including more or less stringent provisions intended to ensure a different level of consumer protection.
Amendment 1057 #
Proposal for a directive Chapter 4 – title Amendment 1058 #
Proposal for a directive Article 21 Amendment 1059 #
Proposal for a directive Article 21 – paragraph 1 1. This Chapter shall apply to sales contracts.
Amendment 1060 #
Proposal for a directive Article 21 – paragraph 1 1. This Chapter shall apply to sales contracts.
Amendment 1061 #
Proposal for a directive Article 21 – paragraph 1 1. This Chapter shall apply to sales contracts.
Amendment 1062 #
Proposal for a directive Article 21 – paragraph 1 a (new) 1a. Article 23 a (new) shall apply to service contracts and mixed-purpose contracts having as their object both goods and services
Amendment 1063 #
Proposal for a directive Article 20 a (new) (after the title ‘Chapter IV – Other consumer rights specific to sales contracts’) Article 20a Unless otherwise provided for in this chapter, Member States may maintain or introduce in their national law more stringent provisions than those laid down in this chapter, in order to ensure a higher level of consumer protection.
Amendment 1064 #
Proposal for a directive Article 21 – paragraph 1 a (new) 1a. Member States may maintain or introduce in their national law provisions diverging from those laid down in this chapter, in so far as this is necessary to ensure a higher level of consumer protection.
Amendment 1065 #
Proposal for a directive Article 21 – paragraph 2 Amendment 1066 #
Proposal for a directive Article 21 – paragraph 2 2.
Amendment 1067 #
Proposal for a directive Article 21 – paragraph 2 2.
Amendment 1068 #
Proposal for a directive Article 21 – paragraph 2 a (new) 2a. This Chapter shall not apply to electricity, except Articles 22 and 23.
Amendment 1069 #
Proposal for a directive Article 21 – paragraph 2 a (new) 2a. This chapter shall apply without prejudice to any rights which an injured party may have according to a special liability system existing in national law.
Amendment 1070 #
Proposal for a directive Article 21 – paragraph 2 a (new) 2a. This chapter shall apply without prejudice to any rights which an injured party may have according to a special liability system existing in national law.
Amendment 1071 #
Proposal for a directive Article 21 – paragraph 3 Amendment 1072 #
Proposal for a directive Article 21 – paragraph 3 Amendment 1073 #
Proposal for a directive Article 21 – paragraph 3 Amendment 1074 #
Proposal for a directive Article 21 – paragraph 3 Amendment 1075 #
Proposal for a directive Article 21 – paragraph 3 3. This Chapter shall not apply to
Amendment 1076 #
Proposal for a directive Article 21 – paragraph 3 3. This
Amendment 1077 #
Proposal for a directive – amending act Article 21 – paragraph 3 3. This Chapter shall
Amendment 1078 #
Proposal for a directive Article 21 – paragraph 4 Amendment 1079 #
Proposal for a directive Article 21 – paragraph 4 Amendment 1080 #
Proposal for a directive Article 21 a (new) Article 21a With regard to Articles 21 to 29, unless otherwise stated in this Directive, Member States may enact or maintain in force more stringent provisions, in accordance with the Treaty, in the area covered by this Directive, so as to ensure a higher level of protection for consumers.
Amendment 1081 #
Proposal for a directive Article 22 Amendment 1082 #
Proposal for a directive Article 22 Amendment 1083 #
Proposal for a directive Article 22 – paragraph 1 1. Unless the parties have agreed otherwise, the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party, other than the carrier and indicated by the consumer, immediately after the conclusion of the contract and in any case within a maximum of thirty days from the day of the conclusion of the contract.
Amendment 1084 #
Proposal for a directive Article 22 – paragraph 1 1.
Amendment 1085 #
Proposal for a directive Article 22 – paragraph 1 1. Unless the parties have agreed otherwise, the trader shall deliver the goods immeditately after the conclusion of the contract by transferring the material possession of the goods to the consumer or to a third party, other than the carrier and indicated by the consumer, within a maximum of thirty days from the day of the conclusion of the contract.
Amendment 1086 #
Proposal for a directive Article 22 – paragraph 1 1.
Amendment 1087 #
Proposal for a directive Article 22 – paragraph 1 1.
Amendment 1088 #
Proposal for a directive Article 22 – paragraph 1 » 1. Unless the parties have agreed otherwise, the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party, other than the carrier and indicated by the consumer
Amendment 1089 #
Proposal for a directive Article 22 – paragraph 1 1. Unless the parties have agreed otherwise, the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party, other than the carrier and indicated by the consumer, immediately after the contract has been concluded, within a maximum of thirty days from the day of the conclusion of the contract.
Amendment 1090 #
Proposal for a directive Article 22 – paragraph 1 1. Unless the parties have agreed otherwise, the trader shall deliver the goods immediately, by transferring the material possession of the goods to the consumer or to a third party, other than the carrier and indicated by the consumer
Amendment 1091 #
Proposal for a directive Article 22 – paragraph 1 1.
Amendment 1092 #
Proposal for a directive Article 22 – paragraph 2 Amendment 1093 #
Proposal for a directive Article 22 – paragraph 2 2. Where the trader has failed to fulfil his obligations to deliver, the consumer shall be entitled to a refund of any sums paid
Amendment 1094 #
Proposal for a directive Article 22 – paragraph 2 2. Where the trader has failed to fulfil his obligations to deliver at the agreed moment, the consumer shall be entitled to
Amendment 1095 #
Proposal for a directive Article 22 – paragraph 2 2. Where the trader has failed to fulfil his obligations
Amendment 1096 #
Proposal for a directive Article 22 – paragraph 2 2. Where
Amendment 1097 #
Proposal for a directive Article 22 – paragraph 2 2. Where
Amendment 1098 #
Proposal for a directive Article 22 – paragraph 2 2.
Amendment 1099 #
Proposal for a directive Article 22 – paragraph 2 2. Where the trader has failed to fulfil his obligations to deliver, the consumer shall be entitled to a refund of any sums paid
Amendment 1100 #
Proposal for a directive Article 22 – paragraph 2 2.
Amendment 1101 #
Proposal for a directive Article 22 – paragraph 2 2. Where the trader has failed to fulfil his obligations to deliver
Amendment 1102 #
Proposal for a directive Article 22 – paragraph 2 2. Where the trader has failed to fulfil his obligations to deliver, the consumer
Amendment 1103 #
Proposal for a directive Article 22 – paragraph 2 2.
Amendment 1104 #
Proposal for a directive Article 22 – paragraph 2 a (new) 2a. The consumer may rescind the contract under paragraphs 2 or 2a (new) by giving notice to the trader in writing or on another durable medium or by telephone. The trader is required to refund any sums paid within 7 days from the date he receives the consumer's notice.
Amendment 1105 #
Proposal for a directive Article 22 – paragraph 2 b (new) 2b. If delivery does not take place within the new delivery period under paragraph 2, the consumer is entitled to rescind the contract.
Amendment 1106 #
Proposal for a directive Article 22 – paragraph 2 a (new) 2a. The consumer is legally entitled to cancel the contract, if the good is once again not delivered until the new deadline set in paragraph 2
Amendment 1107 #
Proposal for a directive Article 22 – paragraph 2 b (new) 2b. According to paragraph 2 or 3, the consumer is entitled to cancel the contract by informing the trader through a written form or any other durable medium. The consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery.
Amendment 1108 #
Proposal for a directive Article 22 – paragraph 2 a (new) 2a. If the trader fails to deliver within the appropriate period referred to in paragraph 2, Member States may adopt or maintain provisions of national law providing for other or additional remedies for the consumer, such as, for example, claims for damages.
Amendment 1109 #
Proposal for a directive Article 22 – paragraph 2 c (new) 2c. If arrangements have agreed between the consumer and trader for delivery within a particular period, and delivery does not take place within this period, the consumer has the right to rescind the contract.
Amendment 1110 #
Proposal for a directive Article 22 – paragraph 2 a (new) 2a. If the trader fails to deliver within the appropriate period referred to in paragraph 2, Member States may adopt or maintain provisions of national law providing for additional remedies for the consumer.
Amendment 1111 #
Proposal for a directive Article 22 – paragraph 2 a (new) 2a. If the contract concerns goods to be manufactured or acquired especially for the consumer, in accordance with his instructions or wishes, and the trader cannot use the goods in some other way without incurring a significant loss, the consumer may rescind the contract on account of a delay on the part of the trader only if from his point of view the purpose of the contract is essentially unattainable on account of the delay. This shall be without prejudice to the right of the consumer to claim damages.
Amendment 1112 #
Proposal for a directive Article 22 – paragraph 2 a (new) 2a. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in Article 22.
Amendment 1113 #
Proposal for a directive Article 22 – paragraph 2 a (new) 2a. Member States may, where necessary in order to ensure a high level of consumer protection, maintain or introduce under their national law provisions diverging from those laid down in Article 22.
Amendment 1114 #
Proposal for a directive Article 22 a (new) Article 22a Right to delivery of goods or supply of services to another Member State In the case of a distance contract, the consumer shall be entitled to require the trader to deliver the goods or supply the service to another Member State. The trader is required to meet the consumer's request if this is technically feasible and if the consumer is prepared to bear all the related costs. The trader must in all cases state these costs in advance.
Amendment 1115 #
Proposal for a directive Article 22 a (new) Article 22 a Payment 1. The trader will not withdraw or charge the full sum for the goods/services from the customer's account or credit card until the goods/services have been delivered. Where the goods/services amount to a substantial sum or are custom made to order, the trader and consumer may agree between them in an advance payment of a deposit. 2.Traders shall offer consumers at least one means of payment free of charge. 3. Member States shall prohibit traders from charging customers with fees that exceed the cost borne by the trader for the use of such means
Amendment 1116 #
Proposal for a directive Article 23 Amendment 1117 #
Proposal for a directive Article 23 – paragraph 1 1. The risk of loss of or damage to the goods shall pass to the consumer when he or a third party, other than the carrier and indicated by the consumer has acquired
Amendment 1118 #
Proposal for a directive Article 23 – paragraph 1 1. The risk of loss of or damage to the goods shall pass to the consumer
Amendment 1119 #
Proposal for a directive Article 23 – paragraph 1 1. The risk of loss of or damage to the goods shall pass to the consumer when he or a third party, other than the carrier and indicated by the consumer has acquired the material possession of the goods.
Amendment 1120 #
Proposal for a directive Article 23 – paragraph 1 1. The risk of loss of or damage to the goods shall pass to the consumer
Amendment 1121 #
Proposal for a directive Article 23 – paragraph -1 (new) -1. Member States may not maintain or introduce in their national law provisions diverging from those laid down in this article, including more or less stringent provisions in order to ensure a different level of consumer protection.
Amendment 1122 #
Proposal for a directive Article 23 – paragraph 2 Amendment 1123 #
Proposal for a directive Article 23 – paragraph 2 2.
Amendment 1124 #
Proposal for a directive Article 23 – paragraph 2 2. The risk referred to in paragraph 1 shall pass to the consumer at the time of delivery as agreed by the parties, if the consumer or a third party, other than the carrier and indicated by the consumer has manifestly failed to take reasonable steps to acquire the material possession of the goods.
Amendment 1125 #
Proposal for a directive Article 23 – paragraph 2 2.
Amendment 1126 #
Proposal for a directive Article 23 – paragraph 2 a (new) 2 a. Contracts conlcuded with a consumer shall not exceed a contracutal obligations timeframe of over twelve months .
Amendment 1127 #
Proposal for a directive Article 23 – paragraph 2 b (new) 2 b. After twelve months the consumer shall be able to terminate the contract at any given time. The termination can be subject to prior notice, which shall not exceed two months.
Amendment 1128 #
Proposal for a directive Article 23 – paragraph 2 a (new) 2a. Member States may not maintain or introduce provisions of national law which depart from the provisions of this Article.
Amendment 1129 #
Proposal for a directive Article 23 – paragraph 2 a (new) 2a. If, because the consumer reports a lack of conformity, goods are returned to the trader for inspection or correction of the nonconformity, the trader shall bear the risk in respect of the goods until the goods are delivered back to the consumer.
Amendment 1130 #
Proposal for a directive Article 23 a (new) Article 23a Duration of contracts 1. Contracts concluded with consumers shall not stipulate a commitment period that exceeds 6 months 2. Beyond 6 months consumers can terminate the contract at any time. Termination can be subject to a previous notice that cannot exceed 2 months.
Amendment 1131 #
Proposal for a directive Article 23 a (new) Amendment 1132 #
Proposal for a directive Article 23 a (new) Article 23a Payment means 1. Traders shall offer consumers at least one means of payment free of charge. 2. Member States shall prohibit traders to charge consumers with fees that exceed the cost born by the trader for the use of such means.
Amendment 1133 #
Proposal for a directive Article 23 b (new) Amendment 1134 #
Proposal for a directive Article 23 a (new) Article 23a Duration of contracts 1. Without prejudice to national law on unfair terms, contracts concluded with consumers shall not stipulate an initial commitment period that exceeds 12 months 2. After the elapse of the 12 month-period consumers can terminate the contract at any time. Termination can be subject to a previous notice that cannot exceed 2 months.
Amendment 1135 #
Proposal for a directive Article 23 f (new) Means of payment 1. Traders shall offer consumers at least one means of payment free of charge. 2. Member States shall prohibit traders to charge consumers with fees that exceed the cost born by the trader for the use of such means.
Amendment 1136 #
Proposal for a directive Article 24 Amendment 1137 #
Proposal for a directive Article 24 – paragraph 1 1. The trader shall be obliged to deliver the goods to the consumer in conformity with the sales contract.
Amendment 1138 #
Proposal for a directive Article 24 – paragraph 1 1. The trader
Amendment 1139 #
Proposal for a directive Article 24 – paragraph 1 1. The trader shall deliver the goods in conformity with the sales contract. The trader shall be liable to the consumer if the goods do not meet the conditions stipulated in the contract.
Amendment 1140 #
Proposal for a directive Article 24 – paragraph 2 – introductory part 2. Delivered goods shall be
Amendment 1141 #
Proposal for a directive Article 24 – paragraph 2 – introductory part 2.
Amendment 1142 #
Proposal for a directive Article 24 – paragraph 2 – point a (a)
Amendment 1143 #
Proposal for a directive Article 24 – paragraph 2 – point a (a)
Amendment 1144 #
Proposal for a directive Article 24 – paragraph 2 – point -a (new) Amendment 1145 #
Proposal for a directive Article 24 – paragraph 2 – point b (b)
Amendment 1146 #
Proposal for a directive Article 24 – paragraph 2 – point b (b) if, in the
Amendment 1147 #
Proposal for a directive Article 24 – paragraph 2 – point c Amendment 1148 #
Proposal for a directive Article 24 – paragraph 2 – point c (c) they are fit for the purposes for which goods of the same type are normally used
Amendment 1149 #
Proposal for a directive Article 24 – paragraph 2 – point c (c) they are fit for the purposes for which goods of the same type are normally used
Amendment 1150 #
Proposal for a directive Article 24 – paragraph 2 – point c (c) they are fit for the purposes for which goods of the same type are normally used
Amendment 1151 #
Proposal for a directive Article 24 – paragraph 2 – point c (c) otherwise, if they are fit for the purposes for which goods of th
Amendment 1152 #
Proposal for a directive Article 24 – paragraph 2 – point d Amendment 1153 #
Proposal for a directive Article 24 – paragraph 2 – point d (d) they show the quality and performance which are normal in goods of the same type
Amendment 1154 #
Proposal for a directive Article 24 – paragraph 2 – point d – introductory part (d) they show the quality and performance which are normal in goods of the same type including the consideration of the designated use of the good, the appearance and the completion of it, the non-existence of minor defects and life expectancy of the good, the availability of after-sales service and of replacement equipment, the conformity to legal requirements regarding the safety of goods, and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling.
Amendment 1155 #
Proposal for a directive Article 24 – paragraph 2 – point d (d) they show the quality and performance which are normal in goods of the same type including the consideration of the purpose, the appearance and finish, the freedom from minor defects and the durability of the product, availability of after-sales services and of spare parts, the conformity to legal requirements regarding the safety of goods, and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling.
Amendment 1156 #
Proposal for a directive Article 24 – paragraph 2 – point d (d) if, in addition, they show the qualit
Amendment 1157 #
Proposal for a directive Article 24 – paragraph 2 – point d a (new) (da) they have been packaged in such a way as to obviate damage to the goods.
Amendment 1158 #
Proposal for a directive – amending act Article 24 – paragraph 2 – point d b (new) (db) they have been properly packaged, so as to obviate the possibility of their being damaged.
Amendment 1159 #
Proposal for a directive Article 24 – paragraph 3 Amendment 1160 #
Proposal for a directive Article 24 – paragraph 3 3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was aware of, or should not reasonably have been so grossly negligent as to be unaware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer.
Amendment 1161 #
Proposal for a directive Article 24 – paragraph 3 3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was aware, or
Amendment 1162 #
Proposal for a directive Article 24 – paragraph 3 3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was aware, or
Amendment 1163 #
Proposal for a directive Article 24 – paragraph 3 3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was
Amendment 1164 #
Proposal for a directive Article 24 – paragraph 3 3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was
Amendment 1165 #
Proposal for a directive Article 24 – paragraph 4 – introductory part Amendment 1166 #
Proposal for a directive Article 24 – paragraph 4 – point b (b) by the time of conclusion of the contract the statement had been corrected by the same means and in due time before;
Amendment 1167 #
Proposal for a directive Article 24 – paragraph 4 – point b (b) by the time of conclusion of the contract the statement had been corrected in due time by the same means of communication;
Amendment 1168 #
Proposal for a directive Article 24 – paragraph 4 – point b (b) by the time of conclusion of the contract the statement had been corrected in a manner equivalent to that in which it was made or at least prominently in the contract document;
Amendment 1169 #
Proposal for a directive Article 24 – paragraph 4 – point c Amendment 1170 #
Proposal for a directive Article 24 – paragraph 5 Amendment 1171 #
Proposal for a directive Article 24 – paragraph 5 5.
Amendment 1172 #
Proposal for a directive Article 24 – paragraph 5 a (new) 5a. Member States may not maintain or introduce provisions of national law which depart from the provisions of this Article.
Amendment 1173 #
Proposal for a directive Article 24 – paragraph 5 b (new) 5b. Member States may not maintain or introduce in their national law provisions diverging from those laid down in paragraphs 1 and 2, including more or less stringent provisions in order to ensure a different level of consumer protection.
Amendment 1174 #
Proposal for a directive Article 24 – paragraph 5 c (new) 5c. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1175 #
Proposal for a directive Article 24 a (new) Lack of conformity Goods delivered shall be deemed not to be in conformity with the contract inter alia if (a) the installation formed part of the sales contract and the goods were installed incorrectly by the trader or under his responsibility; (b) the goods, intended to be installed by the consumer, are installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions; (c) the goods delivered were not those due to be delivered or they were delivered in insufficient quantity.
Amendment 1176 #
Proposal for a directive Article 25 Amendment 1177 #
Proposal for a directive Article 25 – title Amendment 1178 #
Proposal for a directive Article 25 – paragraph 1 Amendment 1179 #
Proposal for a directive Article 25 – paragraph 1 The
Amendment 1180 #
Proposal for a directive Article 25 – paragraph 1 The trader
Amendment 1181 #
Proposal for a directive Article 25 a (new) Amendment 1182 #
Proposal for a directive Article 25 b (new) Amendment 1183 #
Proposal for a directive Article 26 Amendment 1184 #
Proposal for a directive Article 26 Amendment 1185 #
Proposal for a directive Article 26 – paragraph 1 Amendment 1186 #
Proposal for a directive Article 26 – paragraph 1 – introductory part 1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer
Amendment 1187 #
Proposal for a directive Article 26 – paragraph 1 – introductory part 1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to choose among the following remedies:
Amendment 1188 #
Proposal for a directive Article 26 – paragraph 1 – introductory part 1.
Amendment 1189 #
Proposal for a directive Article 26 – paragraph 1 – introductory part 1.
Amendment 1190 #
Proposal for a directive Article 26 – paragraph 1 – introductory part 1.
Amendment 1191 #
Proposal for a directive Article 26 – paragraph 1 – introductory part 1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to choose one of the following remedies:
Amendment 1192 #
Proposal for a directive Article 26 – paragraph 1 – introductory part 1.
Amendment 1193 #
Proposal for a directive Article 26 – paragraph 1 – introductory part 1. The trader shall be liable to the consumer for any lack of conformity which exists at the time the risk passes to the consumer. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to:
Amendment 1194 #
Proposal for a directive Article 26 – paragraph 1 – introductory part 1. 1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer
Amendment 1195 #
Proposal for a directive Article 26 – paragraph 1 – introductory part 1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to
Amendment 1196 #
Proposal for a directive – amending act Article 26 – paragraph 1 – introductory part 1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled, according to his choice, to:
Amendment 1197 #
Proposal for a directive Article 26 – paragraph 1 – introductory part 1.
Amendment 1198 #
Proposal for a directive Article 26 – paragraph 1 – point a Amendment 1199 #
Proposal for a directive Article 26 – paragraph 1 – point a Amendment 1200 #
Proposal for a directive Article 26 – paragraph 1 – point a (a)
Amendment 1201 #
Proposal for a directive Article 26 – paragraph 1 – point a (a)
Amendment 1202 #
Proposal for a directive Article 26 – paragraph 1 – point a (a) hav
Amendment 1203 #
Proposal for a directive Article 26 – paragraph 1 – point a a
Amendment 1204 #
Proposal for a directive Article 26 – paragraph 1 – point a (a)
Amendment 1205 #
Proposal for a directive Article 26 – paragraph 1 – point a (a)
Amendment 1206 #
Proposal for a directive Article 26 – paragraph 1 – point a a (new) (aa) replacement
Amendment 1207 #
Proposal for a directive Article 26 – paragraph 1 – point a b (new) (ab) replacement,
Amendment 1208 #
Proposal for a directive Article 26 – paragraph 1 – point a c (new) (ac) having the goods replaced,
Amendment 1209 #
Proposal for a directive Article 26 – paragraph 1 – point aa (new) αα) have the lack of conformity remedied by replacement, Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1210 #
Proposal for a directive Article 26 – paragraph 1 – point b Amendment 1211 #
Proposal for a directive Article 26 – paragraph 1 – point b Amendment 1212 #
Proposal for a directive Article 26 – paragraph 1 – point b (b)
Amendment 1213 #
Proposal for a directive Article 26 – paragraph 1 – point b (b)
Amendment 1214 #
Proposal for a directive Article 26 – paragraph 1 – point b (b) hav
Amendment 1215 #
Proposal for a directive Article 26 – paragraph 1 – point b (b)
Amendment 1216 #
Proposal for a directive Article 26 – paragraph 1 – point b (b) hav
Amendment 1217 #
Proposal for a directive Article 26 – paragraph 1 – point b a (new) (ba) replacement,
Amendment 1218 #
Proposal for a directive Article 26 – paragraph 1 – point c Amendment 1219 #
Proposal for a directive Article 26 – paragraph 1 – point c Amendment 1220 #
Proposal for a directive Article 26 – paragraph 1 – point c (c)
Amendment 1221 #
Proposal for a directive Article 26 – paragraph 1 – point c (c)
Amendment 1222 #
Proposal for a directive Article 26 – paragraph 1 – point c (c) hav
Amendment 1223 #
Proposal for a directive Article 26 – paragraph 1 – point c (c)
Amendment 1224 #
Proposal for a directive Article 26 – paragraph 1 – point c (c) hav
Amendment 1225 #
Proposal for a directive Article 26 – paragraph 1 – point c a (new) (ca) Where the contract is a mixed- purpose contract the consumer is entitled to have the entire contract rescinded unless the provision of the service constitutes the predominant part of the contract.
Amendment 1226 #
Proposal for a directive Article 26 – paragraph 1 – point c b (new) (cb) With regard to digital services, when technical problems may cause the download to be delayed or not to be delivered within a reasonable period or when downloading is prevented, the consumer is entitled to a replacement or refund of the digital content;
Amendment 1228 #
Proposal for a directive Article 26 – paragraph 1 b (new) 1b. The consumer may only rescind the contract if the lack of conformity is not minor.
Amendment 1229 #
Proposal for a directive Article 26 – paragraph 1 c (new) 1c. With regard to digital goods, when technical problems may cause the download to be delayed or not delivered within a reasonable period or prevented from downloading, the consumer is entitled to a replacement or refund of the digital content.
Amendment 1230 #
Proposal for a directive Article 26 – paragraph 1 d (new) 1d. With regard to digital services, when technical problems may cause the download to be delayed or not delivered within a reasonable period or prevented from downloading, the consumer is entitled to a replacement or refund of the digital content.
Amendment 1231 #
Proposal for a directive Article 26 – paragraph 1 e (new) 1e. With regard to digital services, when technical problems may cause the download to be delayed or not delivered within a reasonable period of time, or prevented from downloading, the consumer is entitled to a replacement or a refund of the price paid for the digital content.
Amendment 1232 #
Proposal for a directive Article 26 – paragraph 2 Amendment 1233 #
Proposal for a directive Article 26 – paragraph 2 Amendment 1234 #
Proposal for a directive Article 26 – paragraph 2 Amendment 1235 #
Proposal for a directive Article 26 – paragraph 2 Amendment 1236 #
Proposal for a directive Article 26 – paragraph 2 Amendment 1237 #
Proposal for a directive Article 26 – paragraph 2 Amendment 1238 #
Proposal for a directive Article 26 – paragraph 2 2. The trader shall remedy the lack of conformity by either repair or replacement according to
Amendment 1239 #
Proposal for a directive Article 26 – paragraph 2 2. The trader shall
Amendment 1240 #
Proposal for a directive Article 26 – paragraph 2 2. The trader shall remedy the lack of conformity by either repair or replacement according to
Amendment 1241 #
Proposal for a directive Article 26 – paragraph 2 – indent 1 (new) - Concerning digital services the trader shall remedy the lack of conformity by either repair or replacement according to his choice.
Amendment 1242 #
Proposal for a directive Article 26 – paragraph 2 a (new) 2a. Where the consumer agrees that the lack of conformity should be remedied by repair or replacement, the period referred to in paragraph 2 is suspended until the repair is successfully completed or found not to be possible, or the consumer has acquired material possession of the replacement good.
Amendment 1243 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 Amendment 1244 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 Where the trader has proved that remedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader a disproportionate effort, the consumer may choose to have the price reduced
Amendment 1245 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 Whe
Amendment 1246 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 Amendment 1247 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 Amendment 1248 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 Amendment 1249 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 Amendment 1250 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 Amendment 1251 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 Where the remedy chosen by the consumer is repair or replacement and the trader has proved that remedying the lack of conformity
Amendment 1252 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 a (new) A trader's effort is disproportionate if it imposes costs on him which, in comparison with the other remedy, are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity.
Amendment 1253 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 b (new) In the event that both of those remedies are unlawful, impossible or would cause the trader a disproportionate effort, the consumer may choose freely between having the price reduced or the contract terminated.
Amendment 1254 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 2 Amendment 1255 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 2 Amendment 1256 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 2 Amendment 1257 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 2 The consumer may
Amendment 1258 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 2 The consumer may
Amendment 1259 #
Proposal for a directive Article 26 – paragraph 3 a (new) 3a. If the consumer chooses repair, replacement or having the price reduced, and this choice proves impossible, unlawful or would cause the trader a disproportionate effort, the trader may insist vis à vis the consumer that the lack of conformity be remedied by repair or replacement, according to the consumer's initial choice. A trader's effort is disproportionate if it imposes costs on him which, in comparison with the repair or replacement, is excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity.
Amendment 1260 #
Proposal for a directive Article 26 – paragraph 4 – introductory part Amendment 1261 #
Proposal for a directive Article 26 – paragraph 4 – introductory part Amendment 1262 #
Proposal for a directive Article 26 – paragraph 4 – introductory part 4.
Amendment 1263 #
Proposal for a directive Article 26 – paragraph 4 – introductory part 4.
Amendment 1264 #
Proposal for a directive Article 26 – paragraph 4 – introductory part 4.
Amendment 1265 #
Proposal for a directive Article 26 – paragraph 4 – introductory part 4.
Amendment 1266 #
Proposal for a directive Article 26 – paragraph 4 – introductory part 4.
Amendment 1267 #
Proposal for a directive Article 26 – paragraph 4 – introductory part 4.
Amendment 1268 #
Proposal for a directive Article 26 – paragraph 4 – introductory part 4.
Amendment 1269 #
Proposal for a directive Article 26 – paragraph 4 – introductory part 4.
Amendment 1270 #
Proposal for a directive Article 26 – paragraph 4 – introductory part 4. The consumer may
Amendment 1271 #
Proposal for a directive Article 26 – paragraph 4 – introductory part 4.
Amendment 1272 #
Proposal for a directive Article 26 – paragraph 4 – point a Amendment 1273 #
Proposal for a directive Article 26 – paragraph 4 – point a (a) the
Amendment 1274 #
Proposal for a directive Article 26 – paragraph 4 – point a (a) the
Amendment 1275 #
Proposal for a directive Article 26 – paragraph 4 – point a (a) the trader has
Amendment 1276 #
Proposal for a directive Article 26 – paragraph 4 – point a a (new) (aa) the trader has refused to remedy the lack of conformity;
Amendment 1277 #
Proposal for a directive Article 26 – paragraph 4 – point b Amendment 1278 #
Proposal for a directive Article 26 – paragraph 4 – point b (b) the trader has failed, or according to objective circumstances is likely to fail, to remedy the lack of conformity within a reasonable time;
Amendment 1279 #
Proposal for a directive Article 26 – paragraph 4 – point c Amendment 1280 #
Proposal for a directive Article 26 – paragraph 4 – point c c)
Amendment 1281 #
Proposal for a directive Article 26 – paragraph 4 – point c (c) the trader has
Amendment 1282 #
Proposal for a directive Article 26 – paragraph 4 – point c (c) the trader has
Amendment 1283 #
Proposal for a directive Article 26 – paragraph 4 – point c (c) the trader has
Amendment 1284 #
Proposal for a directive Article 26 – paragraph 4 – point d d
Amendment 1285 #
Proposal for a directive Article 26 – paragraph 4 – point d (d) the same defect
Amendment 1286 #
Proposal for a directive Article 26 – paragraph 4 – point d (d) the same defect has reappeared
Amendment 1287 #
Proposal for a directive Article 26 – paragraph 4 – point d d)
Amendment 1288 #
Proposal for a directive Article 26 – paragraph 4 – point d (d) the same or another similar defect has
Amendment 1289 #
Proposal for a directive Article 26 – paragraph 4 – point d d) the same defect has reappeared more than once within a short period of time and the trader has already made at least two attempts to effect a repair.
Amendment 1290 #
Proposal for a directive Article 26 – paragraph 4 – point d (d) the same or another defect has reappeared
Amendment 1291 #
Proposal for a directive Article 26 – paragraph 4 – point d (d) the same defect has reappeared
Amendment 1292 #
Proposal for a directive Article 26 – paragraph 4 – point d (d) the same defect has reappeared more than
Amendment 1293 #
Proposal for a directive Article 26 – paragraph 4 – point d (d)
Amendment 1294 #
Proposal for a directive Article 26 – paragraph 4 – point d a (new) (da) the consumer has grounds to believe that the goods are dangerous.
Amendment 1295 #
Proposal for a directive Article 26 – paragraph 5 Amendment 1296 #
Proposal for a directive Article 26 – paragraph 5 Amendment 1297 #
Proposal for a directive Article 26 – paragraph 5 5.
Amendment 1298 #
Proposal for a directive Article 26 – paragraph 5 a (new) 5a. The Member States shall have the power to maintain or to adopt national provisions allowing greater consumer choice between the remedies set out in paragraph 1 in case of lack of conformity, so as to guarantee a higher level of consumer protection.
Amendment 1299 #
Proposal for a directive Article 26 – paragraph 5 b (new) 5b. Member States may adopt or maintain provisions of national law giving consumers, in the event of lack of conformity, a free choice from among the remedies referred to in paragraph 1, in order to ensure a higher level of protection for consumers. However, the relevant provisions of national law must be consistent with the Treaty on the Functioning of the European Union and, in particular, must not run counter to the aim of the Directive, namely that of guaranteeing the smooth functioning of the internal market and preventing distortions of competition in the Union. With that aim in view, the provisions of national law must be fit for purpose and proportionate.
Amendment 1300 #
Proposal for a directive Article 26 – paragraph 5 c (new) Amendment 1301 #
Proposal for a directive Article 26 – paragraph 5 d (new) 5d. Member States may adopt or maintain provisions of national law giving consumers, in the event of lack of conformity, the right for a short period to terminate the contract and receive a full refund or a free choice from among the remedies referred to in paragraph 1, in order to ensure a higher level of protection for consumers.
Amendment 1302 #
Proposal for a directive Article 27 Amendment 1303 #
Proposal for a directive Article 27 – paragraph 1 1. The consumer shall be entitled to have the lack of conformity remedied free of any cost. The trader who is the final seller must refund to the consumer the cost of remedying the lack of conformity where this is effected by a technically competent trader other than the appointed service agent.
Amendment 1304 #
Proposal for a directive Article 27 – paragraph 1 1. The
Amendment 1305 #
Proposal for a directive Article 27 – paragraph 1 1. The consumer shall be entitled to have the
Amendment 1306 #
Proposal for a directive Article 27 – paragraph 1 1. The consumer shall be entitled to have the lack of conformity remedied free of any cost
Amendment 1307 #
Proposal for a directive Article 27 – paragraph 1 1. The consumer shall be entitled to have the lack of conformity remedied by repair free of any cost. If the lack of conformity is redressed by replacement or cancellation of the contract, the consumer is entitled to remuneration of the defective good until the book value the good had at the time the consumer notified the trader of the lack of conformity.
Amendment 1308 #
Proposal for a directive Article 27 – paragraph 1 a (new) 1a. When the trader has remedied the lack of conformity by replacement, or when the consumer has withdrawn from the contract on the grounds of the lack of conformity of the product, in addition to the action provided for in paragraph 1 the trader shall reimburse to the consumer the cost of installing and removing the product concerned, provided that the product requires installation in order to be used for its intended purpose.
Amendment 1309 #
Proposal for a directive Article 27 – paragraph 1 b (new) 1b. When the consumer remedies the lack of conformity of the product without having first given the trader the opportunity to do so within a reasonable period, the costs shall only be reimbursed by the trader, and then only up to a maximum of the amount saved, if pressing circumstances justified immediate action by the consumer.
Amendment 1310 #
Proposal for a directive Article 27 – paragraph 1 c (new) 1c. The consumer shall also be refunded by the trader, to a reasonable extent, the cost of remedying the lack of conformity himself. Any remedying by the consumer of lack of conformity shall be carried out with the agreement of the trader.
Amendment 1311 #
Proposal for a directive Article 27 – paragraph 2 Amendment 1312 #
Proposal for a directive Article 27 – paragraph 2 Amendment 1313 #
Proposal for a directive Article 27 – paragraph 2 2.
Amendment 1314 #
Proposal for a directive Article 27 – paragraph 2 2.
Amendment 1315 #
Proposal for a directive Article 27 – paragraph 2 2.
Amendment 1316 #
Proposal for a directive Article 27 – paragraph 2 2.
Amendment 1317 #
Proposal for a directive Article 27 – paragraph 2 2. Without prejudice to the provisions of this Chapter, the consumer may claim damages in accordance with national legislation for any loss not remedied in accordance with Article 26.
Amendment 1318 #
Proposal for a directive Article 27 – paragraph 2 a (new) 2a. In addition to the right of withdrawal, the consumer shall be entitled to claim compensation from the trader.
Amendment 1319 #
Proposal for a directive Article 28 Amendment 1320 #
Proposal for a directive Article 28 – paragraph 1 1. The trader shall be held liable under Article 25 where the lack of conformity
Amendment 1321 #
Proposal for a directive Article 28 – paragraph 1 1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within t
Amendment 1322 #
Proposal for a directive Article 28 – paragraph 1 1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within t
Amendment 1323 #
Proposal for a directive Article 28 – paragraph 1 1. The trader shall be held liable under Article 25 where the lack of conformity
Amendment 1324 #
Proposal for a directive Article 28 – paragraph 1 1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer. Nevertheless, a trader can be held liable for a lack of conformity with the contract which becomes apparent after the two years referred to in the first sentence have expired, if it would not be reasonable for the trader to plea the expiration of that term considering the quality and performance which are normal in goods of the same type and which the consumer may reasonable expect, considering the nature of the goods, and taking into account any commercial communication on the specific characteristics of the goods. Member States may not maintain or introduce, in their national law; provisions diverging from those laid down in Article 28, including more or less stringent provisions intended to ensure a different level of consumer protection.
Amendment 1325 #
Proposal for a directive Article 28 – paragraph 1 1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer. If, under national law, the rights laid down in Article 26(1) are subject to a limitation period, that period shall not expire within two years as from the time the risk passed to the consumer.
Amendment 1326 #
Proposal for a directive Article 28 – paragraph 1 1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within t
Amendment 1327 #
Proposal for a directive Article 28 – paragraph 1 1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer. However, those Member States which so wish may maintain the national legal provisions in force at the time the Directive is adopted, which make the trader liable under Article 25 from the time the lack of conformity is ascertained by the consumer.
Amendment 1328 #
Proposal for a directive Article 28 – paragraph 1 1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within
Amendment 1329 #
Proposal for a directive Article 28 – paragraph 1 1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer. Where the lack of conformity relates to a good used in connection with a service regarding work on an immovable property, the trader shall be held liable under Article 25 when the lack of conformity becomes apparent within ten years as from the time the risk passed to the consumer.
Amendment 1330 #
Proposal for a directive Article 28 – paragraph 1 1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within
Amendment 1331 #
Proposal for a directive Article 28 – paragraph 1 1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within a specific period of time laid down by national legislation, which shall be of a duration of at least two years as from the time the risk passed to the consumer.
Amendment 1332 #
Proposal for a directive Article 28 – paragraph 1 1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer. Nonetheless, a trader can be held liable for a lack of conformity with the contract which becomes apparent after the two years referred to in the first sentence have passed, if it is unreasonable for the trader to advocate the expiration of that term considering the quality and performance which are normal in goods of the same type and which the consumer may reasonably expect, considering the nature of the goods, and taking into account any commercial communication on the specific characteristics and durability of the goods.
Amendment 1333 #
Proposal for a directive – amending act Article 28 – paragraph 1 1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within
Amendment 1334 #
Proposal for a directive Article 28 – paragraph 1 a (new) 1a. The Member States shall establish the deadline by which the rights conferred on the consumer by virtue of Article 25 become void.
Amendment 1335 #
Proposal for a directive Article 28 – paragraph 1 b (new) 1b. When the trader has remedied the lack of conformity by repair, the periods provided in paragraph 1 shall be suspended by the period of time during which the goods were not in the physical possession of the consumer due to the repair.
Amendment 1336 #
Proposal for a directive Article 28 – paragraph 1 c (new) 1c. In the case of certain durable goods, such as building materials or motor vehicles, etc., Member States may lay down a longer time limit than the period specified in paragraph 1.
Amendment 1337 #
Proposal for a directive Article 28 – paragraph 2 2. When the trader has remedied the lack of conformity by rep
Amendment 1338 #
Proposal for a directive Article 28 – paragraph 2 2. When the trader has remedied the lack of conformity by rep
Amendment 1339 #
Proposal for a directive Article 28 – paragraph 2 2. When the trader has remedied the lack of conformity by replacement, the
Amendment 1340 #
Proposal for a directive Article 28 – paragraph 2 2. When the
Amendment 1341 #
Proposal for a directive Article 28 – paragraph 2 2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the
Amendment 1342 #
Proposal for a directive Article 28 – paragraph 2 2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within t
Amendment 1343 #
Proposal for a directive Article 28 – paragraph 2 2. When the trader has remedied the lack of conformity by rep
Amendment 1344 #
Proposal for a directive – amending act Article 28 – paragraph 2 2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within
Amendment 1345 #
Proposal for a directive Article 28 – paragraph 2 a (new) 2a. When the trader has remedied the lack of conformity by repair, the relevant liability period shall be extended by the period during which the consumer was not in material possession of the product owing to the need to effect a repair.
Amendment 1346 #
Proposal for a directive Article 28 – paragraph 2 b (new) 2b. When the trader has used spare parts in bringing the product into conformity with the contract of sale by effecting a repair, he shall be liable for the lack of conformity of the spare parts until the relevant liability period for the product has expired, and for no less than six months following completion of the repair.
Amendment 1347 #
Proposal for a directive Article 28 – paragraph 2 c (new) 2c. The period referred to in paragraph 1 shall be suspended during the remedial work and shall resume at the time when the consumer acquires the material possession of the goods that have been brought into conformity with the contract.
Amendment 1348 #
Proposal for a directive Article 28 – paragraph 3 Amendment 1349 #
Proposal for a directive Article 28 – paragraph 3 Amendment 1350 #
Proposal for a directive Article 28 – paragraph 3 Amendment 1351 #
Proposal for a directive Article 28 – paragraph 3 3. In the case of second-hand goods, the trader and the consumer may agree on a shorter liability period, which may not be less than one year from the time the risk passed to the consumer.
Amendment 1352 #
Proposal for a directive Article 28 – paragraph 3 a (new) 3a. Where the trader has remedied the lack of conformity by replacement, the period specified in paragraph 1 shall start anew as from the moment the consumer as acquired the material possession of the replaced good.
Amendment 1353 #
Proposal for a directive Article 28 – paragraph 4 Amendment 1354 #
Proposal for a directive Article 28 – paragraph 4 Amendment 1355 #
Proposal for a directive Article 28 – paragraph 4 Amendment 1356 #
Proposal for a directive Article 28 – paragraph 4 Amendment 1357 #
Proposal for a directive – amending act Article 28 – paragraph 4 Amendment 1358 #
Proposal for a directive Article 28 – paragraph 4 4. In order to benefit from his rights under Article 25, the consumer shall inform the trader of the lack of conformity within two months from the date on which he detected the lack of conformity, unless the circumstances make it unreasonable to expect this of the consumer.
Amendment 1359 #
Proposal for a directive Article 28 – paragraph 5 Amendment 1360 #
Proposal for a directive Article 28 – paragraph 5 5. Unless proved otherwise, any lack of conformity which becomes apparent within
Amendment 1361 #
Proposal for a directive Article 28 – paragraph 5 5. Unless proved otherwise, any lack of conformity which becomes apparent within
Amendment 1362 #
Proposal for a directive Article 28 – paragraph 5 5. Unless
Amendment 1363 #
Proposal for a directive Article 28 – paragraph 5 5. Unless proved otherwise, any lack of conformity which becomes apparent within
Amendment 1364 #
Proposal for a directive Article 28 – paragraph 5 5. Unless proved otherwise, any lack of conformity which becomes apparent within
Amendment 1365 #
Proposal for a directive Article 28 – paragraph 5 5. Unless proved otherwise, any lack of conformity which becomes apparent within
Amendment 1366 #
Proposal for a directive Article 28 – paragraph 5 5. Unless proved otherwise, any lack of conformity which becomes apparent within
Amendment 1367 #
Proposal for a directive Article 28 – paragraph 5 5. Unless proved otherwise, any lack of conformity which becomes apparent within
Amendment 1368 #
Proposal for a directive Article 28 – paragraph 5 5. Unless proved otherwise, any lack of conformity which becomes apparent within
Amendment 1369 #
Proposal for a directive Article 28 – paragraph 5 5. Unless proved otherwise, any lack of conformity which becomes apparent within
Amendment 1370 #
Proposal for a directive Article 28 – paragraph 5 5. Unless proved otherwise, any lack of conformity which becomes apparent within
Amendment 1371 #
Proposal for a directive Article 28 – paragraph 5 5. Unless
Amendment 1372 #
Proposal for a directive – amending act Article 28 – paragraph 5 5. Unless proved otherwise, any lack of conformity which becomes apparent within
Amendment 1373 #
Proposal for a directive Article 28 – paragraph 5 a (new) Amendment 1374 #
Proposal for a directive Article 28 – paragraph 5 b (new) 5 b. Member States shall have the right to maintain or adopt different national provisions concerning the legal guarantee of conformity, particularly by providing for or maintaining longer periods of guarantee or reversal of the burden of proof, or providing for or maintaining particular rules for serious lack of conformity which becomes apparent after the expiry of the guarantee, so as to guarantee consumers a higher level of protection.
Amendment 1375 #
Proposal for a directive Article 28 – paragraph 5 c (new) 5c. Member States may adopt or maintain provisions of national law providing for a longer liability period, a longer period for reversal of the burden of proof in the consumer's favour or specific rules on significant lack of conformity which becomes apparent after the liability period has expired, in order to ensure a higher level of protection for the consumer. However, the relevant provisions of national law must be consistent with the Treaty on the Functioning of the European Union and, in particular, must not run counter to the aim of the Directive, namely that of guaranteeing the smooth functioning of the internal market and preventing distortions of competition in the Union. With that aim in view, the provisions of national law must be fit for purpose and proportionate.
Amendment 1376 #
Proposal for a directive Article 28 – paragraph 5 d (new) 5d. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1377 #
Proposal for a directive Article 28 – paragraph 5 e (new) 5e. Member States may adopt or maintain provisions of national law providing for a longer liability period, in order to ensure a higher level of protection for the consumer.
Amendment 1378 #
Proposal for a directive Article 28 a (new) Communication and contactability The trader shall ensure that throughout the duration of a service contract, or, following the conclusion of a contract of sale, until the time limit referred to in Article 28(1) for formal offers, notifications and questions by the consumer relating to rights and obligations under the service contract or contract of sale has expired, he can be contacted under reasonable conditions. In particular, he shall ensure that formal offers by the consumer in respect of the contract reach him without delay and that the consumer is notified of their receipt immediately. The cost of receiving and dealing with formal offers, notifications and questions concerning the service contract or the contract of sale by telephone may not be charged to the consumer; the right of the telecommunications service provider to charge for such calls shall not be affected.
Amendment 1379 #
Proposal for a directive Article 29 Amendment 1380 #
Proposal for a directive Article 29 – paragraph 1 1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement,
Amendment 1381 #
Proposal for a directive Article 29 – paragraph 1 1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement or in case this statement puts the consumer in a disadvantageous position in comparison to the advertising of the commercial guarantee, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.
Amendment 1382 #
Proposal for a directive Article 29 – paragraph 1 1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement or if the guarantee statement is of disadvantage compared to the advertising on the commercial guarantee, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.
Amendment 1383 #
Proposal for a directive Article 29 – paragraph 1 1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. The trader shall provide the consumer with a guarantee statement in writing or by any other technical means of reproduction which may be available and accessible to the consumer. In the absence of the guarantee statement, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.
Amendment 1384 #
Proposal for a directive Article 29 – paragraph 1 – subparagraph 1 (new) The guarantee shall be in accordance with the rules of good faith and shall not be subject to unreasonable exemption clauses.
Amendment 1385 #
Proposal for a directive Article 29 – paragraph 1 – subparagraph 2 (new) The duration of the guarantee shall be reasonable in relation to the probable life of the product. With particular regard to hi-tech products, the duration of the guarantee shall be reasonable in relation to the time it is expected that they will remain up-to-date from a technological point of view, if that period of time is shorter than their probable life.
Amendment 1386 #
Proposal for a directive Article 29 – paragraph 1 – subparagraph 3 (new) Where new, long-life products (consumer durables) are supplied, the provision of a written guarantee shall be mandatory.
Amendment 1387 #
Proposal for a directive Article 29 – paragraph 2 – introductory part 2. The guarantee statement shall be drafted in plain intelligible language and be legible. The guarantee shall be drafted in the language of the contract. It shall include the following:
Amendment 1388 #
Proposal for a directive Article 29 – paragraph 2 – introductory part 2. The guarantee statement shall be drafted in plain intelligible language and be legible. It shall be written in the same language of the contract. The guarantee statement shall include the following:
Amendment 1389 #
Proposal for a directive Article 29 – paragraph 2 – introductory part 2. The guarantee statement shall be drafted in plain intelligible language and be legible. It shall include the following: a) legal rights of the consumer under the applicable provisions of national law, as provided for in Article 26, and a clear statement that those rights are not affected by the commercial guarantee, (b) set the contents of the commercial guarantee and the conditions for making claims, notably the duration, territorial scope and name and address of the guarantor, (c) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable, that the commercial guarantee cannot be transferred to a subsequent buyer.
Amendment 1390 #
Proposal for a directive Article 29 – paragraph 2 – introductory part 2. The guarantee statement shall be drafted in plain intelligible language
Amendment 1391 #
Proposal for a directive Article 29 – paragraph 2 – introductory part 2. The guarantee statement shall be drafted in plain intelligible language and in any case at least in the official languages of the EU and be legible. It shall include the following:
Amendment 1392 #
Proposal for a directive Article 29 – paragraph 2 – introductory part 2. The guarantee statement shall be drafted in plain intelligible language and be legible. The guarantee shall be drafted in the language of the contract. It shall include the following:
Amendment 1393 #
Proposal for a directive Article 29 – paragraph 2 – point a a) legal rights of the consumer
Amendment 1394 #
Proposal for a directive Article 29 – paragraph 2 – point a (a)
Amendment 1395 #
Proposal for a directive Article 29 – paragraph 2 – point a a) legal rights of the consumer, as provided for in Articles 26 and 28, and by any additional provisions of current national legislation, and a clear statement that those rights are not affected by the commercial guarantee,
Amendment 1396 #
Proposal for a directive Article 29 – paragraph 2 – point c Amendment 1397 #
Proposal for a directive Article 29 – paragraph 2 – point c Amendment 1398 #
Proposal for a directive Article 29 – paragraph 2 – point c Amendment 1399 #
Proposal for a directive Article 29 – paragraph 2 – point c (c)
Amendment 1400 #
Proposal for a directive Article 29 – paragraph 2 – point c (c)
Amendment 1401 #
Proposal for a directive Article 29 – paragraph 2 – point c (c)
Amendment 1402 #
Proposal for a directive Article 29 – paragraph 2 – point c a (new) (ca) include the information that maintenance services and spare parts will be available up 5 years as from the time of the conclusion of the contract.
Amendment 1403 #
Proposal for a directive Article 29 – paragraph 2 a (new) Amendment 1404 #
Proposal for a directive Article 29 – paragraph 3 3.
Amendment 1405 #
Proposal for a directive Article 29 – paragraph 3 3. If the consumer so requests, the trader shall make the guarantee statement available in a durable medium, chosen by the consumer.
Amendment 1406 #
Proposal for a directive Article 29 – paragraph 4 a (new) Amendment 1407 #
Proposal for a directive Article 29 – paragraph 4 b (new) 4b. Member States may not maintain or adopt provisions of national law which depart from the provisions of this Article.
Amendment 1408 #
Proposal for a directive Article 29 – paragraph 4 c (new) 4c. When the guarantee statement relates to a lack of conformity and the lack of conformity becomes apparent before the expiration of the duration period of the guarantee, the lack of conformity shall be presumed to have existed at the time when the risk passed to the consumer, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
Amendment 1409 #
Proposal for a directive Article 29 – paragraph 4 d (new) 4d. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in Article 29.
Amendment 1410 #
Proposal for a directive Article 29 – paragraph 4 e (new) 4e. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1411 #
Proposal for a directive Article 29 a (new) 1. The producer is liable for any reparation or delivery of replacement of goods in cases of non-conformity occurred on the date of the purchase. 2. Without prejudice to Article 28 (1), the good has to be repaired or substituted by the producer within 30 days after he/she has been notified by the lack of conformity.
Amendment 1412 #
Proposal for a directive Article 29 b (new) Direct producer's liability 1. The producer is liable towards the consumer to repair or replace the goods for any lack of conformity that existed at the date of the purchase. 2. The producer shall repair or replace the goods, at his choice, at the latest 30 days after having been notified of the lack of conformity without prejudice to article 28 paragraph 1.
Amendment 1413 #
Proposal for a directive Article 29 c (new) With regard to articles 30-39, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 1414 #
Proposal for a directive Chapter 5 – title Amendment 1415 #
Proposal for a directive Article 30 Amendment 1416 #
Proposal for a directive Article 30 – paragraph 1 1. This Chapter shall apply to
Amendment 1417 #
Proposal for a directive Article 30 – paragraph 1 1. This
Amendment 1418 #
Proposal for a directive Article 30 – paragraph 1 1. This Chapter shall apply to
Amendment 1419 #
Proposal for a directive Article 30 – paragraph 1 1. This Chapter shall apply to contract terms
Amendment 1420 #
Proposal for a directive Article 30 – paragraph 1 1. This Chapter shall apply to
Amendment 1421 #
Proposal for a directive Article 30 – paragraph 1 1. This Chapter shall apply to contract terms
Amendment 1422 #
Proposal for a directive Article 30 – paragraph 1 a (new) 1 a. Saving contrary provisions established in this Chapter, the Member States may maintain or introduce, in their national legislation, provisions stricter than those laid down in this Chapter of the Directive so as to ensure higher levels of consumer protection.
Amendment 1423 #
Proposal for a directive Article 30 – paragraph 1 b (new) 1b. Member States may maintain or introduce, in their national legislation, provisions different from those laid down in this Chapter, when this is necessary in order to ensure a higher level of consumer protection.
Amendment 1424 #
Proposal for a directive Article 30 – paragraph 1 c (new) 1c. This Chapter shall apply, in contracts between traders and consumers, to contract terms which have not been individually negotiated. A term shall be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term, particularly in the context of a pre-formulated standard contract. Terms negotiated individually do not fall within the scope of this chapter. Member States may therefore maintain or introduce national rules that reflect these terms and extend the benefit of this chapter to them.
Amendment 1425 #
Proposal for a directive Article 30 – paragraph 1 d (new) 1d. Member States may maintain or introduce into their national law provisions that diverge from those laid down in this chapter, with the exception of the provision of Article 34.
Amendment 1426 #
Proposal for a directive Article 30 – paragraph 2 Amendment 1427 #
Proposal for a directive Article 30 – paragraph 2 Amendment 1428 #
Proposal for a directive Article 30 – paragraph 2 Amendment 1429 #
Proposal for a directive Article 30 – paragraph 2 2. The fact that the consumer had the possibility of influencing the content of certain aspects of a contract term or one specific term, shall n
Amendment 1430 #
Proposal for a directive Article 30 – paragraph 3 Amendment 1431 #
Proposal for a directive Article 30 – paragraph 3 Amendment 1432 #
Proposal for a directive Article 30 – paragraph 3 Amendment 1433 #
Proposal for a directive Article 30 – paragraph 3 a (new) 3a. This Chapter shall apply without prejudice to any national provisions declaring terms, included in certain sales or service contracts, that conflict with legal provisions – sometimes relating to public policy – to be unlawful.
Amendment 1434 #
Proposal for a directive Article 30 a (new) In relation to Articles 30-39, except where otherwise provided in this directive, Member States may adopt or retain in force more stringent provisions, which are consistent with the Treaty in the area governed by this directive, in order to ensure a higher level of consumer protection.
Amendment 1435 #
Proposal for a directive Article 31 Amendment 1436 #
Proposal for a directive Article 31 – paragraph 1 1. Contract terms shall be expressed in plain, intelligible language and be legible, easily and permanently accessible; they should be provided in the language in which the contract is concluded.
Amendment 1437 #
Proposal for a directive Article 31 – paragraph 1 1. Contract terms shall be expressed in plain, intelligible language
Amendment 1438 #
Proposal for a directive Article 31 – paragraph 1 1. Contract terms shall be expressed in plain, intelligible language and be legible where the contract is drawn up in writing.
Amendment 1439 #
Proposal for a directive Article 31 – paragraph 1 a (new) 1a. A contract term which has been supplied by the trader in breach of the duty of transparency according this article shall on that ground alone be considered unfair
Amendment 1440 #
Proposal for a directive Article 31 – paragraph 1 b (new) 1b. Member States may not maintain or introduce in their national law provisions diverging from those laid down in paragraphs 1, 2 and 3, including more or less stringent provisions in order to ensure a different level of consumer protection. (This article should be placed between the title of Article 31 and paragraph 21 of Article 1, in order to refer to the first three paragraphs of Article 31.)
Amendment 1441 #
Proposal for a directive Article 31 – paragraph 1 c (new) 1c. A contract term which has been supplied by the trader in breach of the duty of transparency according to this article shall on that ground alone be considered unfair.
Amendment 1442 #
Proposal for a directive Article 31 – paragraph 2 2. Contract terms shall be made available to the consumer in a
Amendment 1443 #
Proposal for a directive Article 31 – paragraph 2 2. Contract terms shall be made available to the consumer in a manner which gives him a real opportunity of becoming acquainted with them before the conclusion of the contract
Amendment 1444 #
Article 31 – paragraph 2 2. Contract terms that are irrevocably binding shall be made available to the consumer in
Amendment 1445 #
Proposal for a directive Article 31 – paragraph 2 2. Contract terms shall be made available to the consumer at a time and in a manner which gives him a real opportunity of becoming acquainted with them before the conclusion of the contract, with due regard to the circumstances and the means of communication used.
Amendment 1446 #
Proposal for a directive Article 31 – paragraph 2 2. Contract terms shall be made available to the consumer in a manner which gives him a real and indisputable opportunity of becoming acquainted with them before the conclusion of the contract, with due regard to the means of communication used. Contract terms made available by electronic means shall constitute such a real and indisputable opportunity if the contract is concluded by electronic means. In case contracts are concluded through other means of communication, contract terms may only be made available by electronic means if this manner is expressly and actively agreed to by the consumer.
Amendment 1447 #
Proposal for a directive Article 31 – paragraph 2 a (new) 2a. The contract terms shall be presented at a place where the consumer reasonably expects to find them
Amendment 1448 #
Proposal for a directive Article 31 – paragraph 2 b (new) 2b. A contract term added by the trader, which does not comply with the requirements of transparency provided for in this Article, shall on that ground alone be considered unfair.
Amendment 1449 #
Proposal for a directive Article 31 – paragraph 2 c (new) 2c. The contract terms shall be presented at a place where a consumer reasonably expects to find them.
Amendment 1450 #
Proposal for a directive Article 31 – paragraph 2 d (new) Amendment 1451 #
Article 31 – paragraph 3 3. The trader shall seek the express consent of the consumer to any payment
Amendment 1452 #
Proposal for a directive Article 31 – paragraph 4 Amendment 1453 #
Proposal for a directive Article 31 – paragraph 4 Amendment 1454 #
Proposal for a directive Article 31 – paragraph 4 Amendment 1455 #
Proposal for a directive Article 31 – paragraph 4 Amendment 1456 #
Proposal for a directive Article 31 – paragraph 4 4. Member States shall refrain from imposing any
Amendment 1457 #
Proposal for a directive Article 31 – paragraph 4 4. Member States shall refrain from imposing any
Amendment 1458 #
Proposal for a directive Article 31 – paragraph 4 4. Member States shall refrain from imposing any
Amendment 1459 #
Proposal for a directive Article 31 – paragraph 4 4. Member States shall refrain from imposing any
Amendment 1460 #
Proposal for a directive Article 31 – paragraph 4 4. Member States shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumer
Amendment 1461 #
Proposal for a directive Article 31 – paragraph 4 a (new) 4a. The contract terms shall be pointed out in a passage, where they are most likely to be expected by the consumer.
Amendment 1462 #
Proposal for a directive Article 31 – paragraph 4 b (new) 4b. Member States may, in order to provide for a higher level of consumer protection, maintain or introduce additional formal and presentational requirements as to the way the contract terms are expressed or made available to the consumer.
Amendment 1463 #
Proposal for a directive Article 31 – paragraph 4 c (new) 4c. Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1464 #
Proposal for a directive Article 32 Amendment 1465 #
Proposal for a directive Article 32 – paragraph 1 1. Where a contract term is not included in Annex II or III, Member States shall ensure that it is regarded as unfair if
Amendment 1466 #
Proposal for a directive Article 32 – paragraph 1 1. Where a contract term is not included in Annex II or III, Member States shall ensure that it is regarded as unfair if, contrary to the requirement of good faith, it causes a significant and unjustified imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
Amendment 1467 #
Proposal for a directive Article 32 – paragraph 1 1. Where a
Amendment 1468 #
Proposal for a directive Article 32 – paragraph 1 1.
Amendment 1469 #
Proposal for a directive Article 32 – paragraph 1 1. Where a contract term is not included in Annex II or III, Member States shall ensure that it is regarded as unfair if, contrary to the requirement of good faith, it causes a
Amendment 1470 #
Proposal for a directive Article 32 – paragraph 1 a (new) 1a. When assessing the fairness of a contract term, the competent court or national authority shall take into account the manner in which the contract term has been communicated to a consumer by the trader and, where applicable, the manner in which it was drafted, in accordance with Article 31(1) and (2).
Amendment 1471 #
Proposal for a directive Article 32 – paragraph 2 2. Without prejudice to Articles 34 and 38, the unfairness of a contract term shall be assessed, taking into account the nature of the products for which the contract was concluded and by referring,
Amendment 1472 #
Proposal for a directive Article 32 – paragraph 2 2. Without prejudice to Articles 34 and 38, the unfairness of a contract term shall be assessed, taking into account the nature of the products for which the contract was concluded and by referring,
Amendment 1473 #
Proposal for a directive Article 32 – paragraph 2 2. Without prejudice to Articles 34 and 38, the unfairness of a contract term shall be assessed, taking into account the nature of the products for which the contract was concluded and by referring, before, at the time of and after the conclusion of the contract, to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent. When assessing the fairness of a contract term, the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with Article 31.
Amendment 1474 #
Proposal for a directive Article 32 – paragraph 2 a (new) 2a. When evaluating the fairness of a contract term, the competent court or national authority shall consider how the trader has disclosed the contract terms to the consumer as well as the manner with which he has drafted them in accordance with Article 31 (1) and (2).
Amendment 1475 #
Proposal for a directive Article 32 – paragraph 2 b (new) 2b. When assessing whether a contract term is unfair for the consumer, circumstances occurring after the conclusion of the contract can also be taken into account.
Amendment 1476 #
Proposal for a directive Article 32 – paragraph 3 3. P
Amendment 1477 #
Proposal for a directive Article 32 – paragraph 3 a (new) 3a. Where the contract is concluded for the acquisition of digital goods, the terms of use are not considered as the subject matter of the contract
Amendment 1478 #
Proposal for a directive Article 32 – paragraph 3 b (new) 3b. Where the contract is concluded for the acquisition of digital products, the terms of use shall not be regarded as being part of the contract.
Amendment 1479 #
Proposal for a directive Article 32 – paragraph 3 c (new) 3c. Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1480 #
Proposal for a directive Article 32 – paragraph 3 d (new) 3d. Where the contract is concluded for the acquisition of digital goods, the terms of use are not considered as the subject matter of the contract.
Amendment 1481 #
Proposal for a directive Article 33 Amendment 1482 #
Proposal for a directive Article 33 – paragraph 1 Where the trader claims that a contract term
Amendment 1483 #
Proposal for a directive Article 33 – paragraph 1 Where the trader claims that a contract term
Amendment 1484 #
Proposal for a directive Article 33 – paragraph 1 Where the trader claims that a contract term
Amendment 1485 #
Proposal for a directive Article 33 – paragraph 1 a (new) Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1486 #
Proposal for a directive Article 34 Amendment 1487 #
Proposal for a directive Article 34 – paragraph 1 Member States shall ensure that contract terms, as set out in the non-exhaustive list in Annex II, are considered unfair in all circumstances. That list of contract terms shall apply in all Member States
Amendment 1488 #
Proposal for a directive Article 34 – paragraph 1 Member States shall ensure that contract terms, as set out in the non-exhaustive list in Annex II, are considered unfair in all circumstances. That list of contract terms shall apply in all Member States
Amendment 1489 #
Proposal for a directive Article 34 – paragraph 1 Member States shall ensure that contract terms, as set out in the list in Annex II, are considered unfair in all circumstances.
Amendment 1490 #
Proposal for a directive Article 34 – paragraph 1 Member States shall ensure that contract terms, as set out in the list in Annex II, are considered unfair in all circumstances. That list of contract terms shall apply in all Member States
Amendment 1491 #
Proposal for a directive Article 34 – paragraph 1 a (new) 1a. Member States may maintain or adopt provisions that are more protective of consumer interests and may supplement the list of terms included in Annex II to this directive with other contract terms considered to be unfair in all circumstances.
Amendment 1492 #
Proposal for a directive Article 34 – paragraph 1 b (new) Member States may adopt or maintain national legal provisions designating additional terms as unfair in all circumstances. The national provisions must, however, be compatible with the Treaty on the Functioning of the European Union and must in particular not be contrary to the attainment of the objective of the directive, namely to ensure the smooth functioning of the internal market and prevent distortions of competition in the Union. With these requirements in mind, the national provisions must be appropriate and proportionate with a view to the attainment of the purposes of the directive.
Amendment 1493 #
Proposal for a directive Article 34 a (new) Article 34 a As the list of terms in Annex II to this directive is not exhaustive, it may be supplemented by the Member States, which may maintain or adopt provisions that are more protective of consumer interests, in order to give a greater number of contract terms the status of terms that are unfair in all circumstances.
Amendment 1494 #
Proposal for a directive Article 35 Amendment 1495 #
Proposal for a directive Article 35 – paragraph 1 Member States shall ensure th
Amendment 1496 #
Proposal for a directive Article 35 – paragraph 1 Member States shall ensure that contract terms, as set out in the non-exhaustive list in point 1 of Annex III, are considered unfair, unless the trader has proved that such contract terms are fair in accordance with Article 32.
Amendment 1497 #
Proposal for a directive Article 35 – paragraph 1 Member States shall ensure that contract terms, as set out in the list in point 1 of Annex III, are considered unfair, unless the trader has proved that such contract terms are fair in accordance with Article 32. That list of contract terms shall apply in all Member States
Amendment 1498 #
Proposal for a directive Article 35 – paragraph 1 Member States shall ensure that contract terms, as set out in the list in point 1 of Annex III, are considered unfair, unless the trader has proved that such contract terms are fair in accordance with Article 32. That list of contract terms shall apply in all Member States
Amendment 1499 #
Proposal for a directive Article 35 – paragraph 1 a (new) As the list of terms in Annex II to this directive is not exhaustive, it may be supplemented by the Member States, which may maintain or adopt provisions that are more protective of consumer interests, in order to give a greater number of contract terms the status of terms that are presumed to be unfair.
Amendment 1500 #
Proposal for a directive Article 35 – paragraph 1 b (new) Members States may maintain or adopt provisions that are more protective of consumer interests and may supplement the list of terms included in Annex III to this directive with other contract terms presumed to be unfair.
Amendment 1501 #
Proposal for a directive Article 35 – paragraph 1 c (new) Member States may adopt or maintain national legal provisions designating additional terms as unfair in all circumstances. The national provisions must, however, be compatible with the Treaty on the Functioning of the European Union and must not be contrary to the attainment of the objective of the directive, namely to ensure the smooth functioning of the internal market and prevent distortions of competition in the Union. With these requirements in mind, the national provisions must be appropriate and proportionate with a view to the attainment of the purposes of the directive.
Amendment 1502 #
Proposal for a directive Article 36 Amendment 1503 #
Proposal for a directive Article 36 – paragraph 2 Amendment 1504 #
Proposal for a directive Article 36 – paragraph 2 a (new) 2a. Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1505 #
Proposal for a directive Article 37 Amendment 1506 #
Proposal for a directive Article 37 – paragraph 1 Contract terms, which are unfair and are not compatible with the transparency requirements laid down in Article 31, paragraphs 1 and 2, of the present directive, shall not be binding on the consumer. The contract shall continue to bind the parties if it can remain in force without the unfair and non-transparent terms.
Amendment 1507 #
Proposal for a directive Article 37 – paragraph 1 a (new) Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1508 #
Proposal for a directive Article 38 Amendment 1509 #
Proposal for a directive Article 38 – paragraph 2 a (new) 2a. Member States shall ensure that traders are required to make the contract terms as referred to in Chapter V which are used in legal transactions available to bodies as referred to in Article 41(2) at the latter’s request in an appropriate form and free of charge.
Amendment 1510 #
Proposal for a directive Article 38 – paragraph 4 4. Member States shall ensure that the legal actions referred to in paragraph 2 and 3 may be directed
Amendment 1511 #
Proposal for a directive Article 39 Amendment 1512 #
Proposal for a directive Article 39 Amendment 1513 #
Proposal for a directive Article 39 Amendment 1514 #
Proposal for a directive Article 39 – paragraph 2 Amendment 1515 #
Proposal for a directive Article 40 Amendment 1516 #
Proposal for a directive Article 40 Amendment 1517 #
Proposal for a directive Article 40 a (new) The rights resulting from this Directive shall be exercised without prejudice to other rights which the consumer may invoke under the national rules governing contractual or non-contractual liability.
Amendment 1518 #
Proposal for a directive Article 41 – paragraph 1 1. Member States and the Commission shall ensure that adequate and effective means exist to ensure compliance with consumer rights as ensured in this Directive.
Amendment 1519 #
Proposal for a directive Article 41 – paragraph 1 – point 1 (new) (1) The means referred to in paragraph 1 shall include European as well as national provisions concerning appropriate redress mechanisms, including collective redress mechanisms and alternative dispute resolution systems.
Amendment 1520 #
Proposal for a directive Article 41 – paragraph 2 – introductory part 2.
Amendment 1521 #
Proposal for a directive Article 41 – paragraph 2 – point a (a)
Amendment 1522 #
Proposal for a directive Article 41 – paragraph 2 – point b Amendment 1523 #
Proposal for a directive Article 41 – paragraph 2 – point c Amendment 1524 #
Proposal for a directive Article 42 a (new) On the basis of the notifications from Member States and in order to ensure the same high level of consumer protection across the EU, the Commission shall present a proposal on the possibility of introducing a common system of penalties.
Amendment 1525 #
Proposal for a directive Article 43 – paragraph 1 a (new) Pursuant to Article 23 of the Rome I Regulation, contracts between consumers and entrepreneurs in the approximated field are already subject to the law chosen by the parties pursuant to Article 3 of the Rome I Regulation. Articles 6 and 11(4) of the Rome I Regulation shall not apply. The consumer protection provisions referred to in Article 6(2) of the Rome I Regulation, from which no deviation is permitted, are listed exhaustively in this Directive.
Amendment 1526 #
Proposal for a directive Article 44 – paragraph 1 Member States shall take appropriate measures to inform consumers, especially via ICT tools and public media, of the national provisions transposing this Directive and shall, where appropriate, encourage traders and code owners to inform consumers of their codes of conduct.
Amendment 1527 #
Proposal for a directive Article 44 – paragraph 1 Member States shall take appropriate measures to inform consumers and traders of the national provisions transposing this Directive and shall, where appropriate, encourage traders and code owners to inform consumers of their codes of conduct.
Amendment 1528 #
Proposal for a directive Article 44 – paragraph 1 Member States and the Commission shall take appropriate measures to inform consumers of the national provisions transposing this Directive and shall, where appropriate, encourage traders and code owners to inform consumers of their codes of
Amendment 1529 #
Proposal for a directive Article 45 – paragraph 1 The consumer shall be exempted from the provision of any consideration in cases of unsolicited supply of a product as prohibited by Article 5(5) and point 29 of Annex I of Directive 2005/29/EC. The absence of a response from the consumer following such an unsolicited supply shall not constitute consent and the consumer may keep or dispose of any good delivered.
Amendment 1530 #
Proposal for a directive Article 46 a (new) Amendment 1531 #
Proposal for a directive Article 46 b (new) Article 46b Compatibility with the Treaty on the Functioning of the European Union Where Member States adopt or maintain in force national legal provisions, in order to ensure a higher level of consumer protection, the provisions must however be compatible with the Treaty on the Functioning of the European Union. In particular, they must not run counter to the aim of the Directive, namely that of guaranteeing the smooth functioning of the internal market and preventing distortions of competition in the Union. With that aim in view, the provisions of national law must be fit for purpose and proportionate.
Amendment 1532 #
Proposal for a directive Article 46 – paragraph 2 a (new) Amendment 1533 #
Proposal for a directive Article 46 – paragraph 2 b (new) Amendment 1534 #
Proposal for a directive Article 46 a (new) Where Member States maintain or introduce more stringent provisions to ensure a higher level of consumer protection in the field harmonised by this directive, these provisions must be compatible with the Treaty and must be notified to the Commission. The Commission shall make that information public on a website.
Amendment 1535 #
Proposal for a directive Annex 1 – heading 1 EXAMPLE OF INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL
Amendment 1536 #
Proposal for a directive Annex 1 – heading 1 a (new) Amendment 1537 #
Proposal for a directive Annex 1 – paragraph A A. Information to be provided with the European withdrawal form
Amendment 1538 #
Proposal for a directive Annex 1 – paragraph A A.
Amendment 1539 #
Proposal for a directive Annex 1 – paragraph 1 1. The name, geographical address and the email address of the trader to whom the European withdrawal form must be sent.
Amendment 1540 #
Proposal for a directive Annex 1 – paragraph 4 4. For distance contracts concluded on the Internet, a statement that the consumer can electronically fill in and submit the
Amendment 1542 #
Proposal for a directive Annex 2 – paragraph 1 – point a a (new) (aa) making the period for termination of an open-ended contract by the trader shorter than that set for the consumer
Amendment 1543 #
Proposal for a directive Annex 2 – paragraph 1 – point c (c) excluding or hindering the consumer's right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with the trader;
Amendment 1544 #
Proposal for a directive Annex 2 – paragraph 1 – point c a (new) (ca) assigning exclusive jurisdiction in all disputes under a contract to the competent court where the trader is resident, unless that court is the competent court where the consumer is resident, too;
Amendment 1545 #
Proposal for a directive Annex 2 – paragraph 1 – point c b (new) (cb) enabling the trader, at his own discretion, to set the prices of goods and services which should be set after the conclusion of the contract;
Amendment 1546 #
Proposal for a directive Annex 2 – paragraph 1 – point c c (new) (cc) enabling the trader to terminate or modify the contract because of the introduction of the euro.
Amendment 1547 #
Proposal for a directive Annex 2 – paragraph 1 – point c d (new) (cd) Assigning exclusive jurisdiction in all disputes under a contract to the competent court where the trader is resident;
Amendment 1548 #
Proposal for a directive Annex 2 – paragraph 1 – point d a (new) (da) excluding or hindering the consumer's right to instruct and authorise a third party to conclude a contract between the consumer and the trader and/or to take steps which are meant to lead to, or facilitate, the conclusion of a contract between the consumer and the trader.
Amendment 1549 #
Proposal for a directive Annex 2 – paragraph 1 – point d b (new) (db) excluding or hindering the consumer's right to instruct and authorise a third party to conclude a contract between the consumer and the trader and/or to take steps which are meant to lead to, or facilitate, the conclusion of a contract between the consumer and the trader
Amendment 1550 #
Proposal for a directive Annex 2 – paragraph 1 – point e a (new) (ea) limiting the fundamental rights of citizens, including the right to privacy, the right to freedom of expression and the right to due process.
Amendment 1551 #
Proposal for a directive Annex 2 – paragraph 1 – point 5 – subpoint a (new) Amendment 1552 #
Proposal for a directive Annex 2 – paragraph 1 – point 5 – subpoint b (new) Amendment 1553 #
Proposal for a directive Annex 2 – paragraph 1 – point 5 – subpoint c (new) Amendment 1554 #
Proposal for a directive Annex 2 – paragraph 1 – point 5 – subpoint d (new) Amendment 1555 #
Proposal for a directive Annex 2 – paragraph 1 – point 5 – subpoint e (new) Amendment 1556 #
Proposal for a directive Annex 2 – paragraph 1 – point 5 – subpoint f (new) Amendment 1557 #
Proposal for a directive Annex 2 – paragraph 1 – point 5 – subpoint g (new) Amendment 1558 #
Proposal for a directive Annex 2 – paragraph 1 – point 5 – subpoint h (new) Amendment 1559 #
Proposal for a directive Annex 2 – paragraph 1 – point 5 – subpoint i (new) Amendment 1560 #
Proposal for a directive Annex 2 – paragraph 1 – point 5 – subpoint j (new) Amendment 1561 #
Proposal for a directive Annex 2 – paragraph 1 – point 5 – subpoint k (new) Amendment 1562 #
Proposal for a directive Annex 2 – paragraph 1 – point 5 – subpoint l (new) Amendment 1563 #
Proposal for a directive Annex 2 – paragraph 1 – point 5 – subpoint m (new) Amendment 1564 #
Proposal for a directive Annex 3 – paragraph 1 – point a Amendment 1565 #
Proposal for a directive Annex 3 – paragraph 1 – point a (a)
Amendment 1566 #
Proposal for a directive Annex 3 – paragraph 1 – point b Amendment 1567 #
Proposal for a directive Annex 3 – paragraph 1 – point c Amendment 1568 #
Proposal for a directive Annex 3 – paragraph 1 – point c a (new) (ca) Applying contingent charges, such as penalties for breaching the contract terms, that are clearly disproportionate to the costs incurred by the trader due to the breach of terms;
Amendment 1569 #
Proposal for a directive Annex 3 – paragraph 1 – point c b (new) (cb) Requiring a consumer to purchase ancillary goods or services not advertised in the price of the main contract;
Amendment 1570 #
Proposal for a directive Annex 3 – paragraph 1 – point d d
Amendment 1571 #
Proposal for a directive Annex 3 – paragraph 1 – point d (d) allowing the trader to terminate the contract at will where the same right is not granted to the consumer, and allowing the trader, where he himself terminates the contract, to retain amounts paid for services not yet provided by him;
Amendment 1572 #
Proposal for a directive Annex 3 – paragraph 1 – point e Amendment 1573 #
Proposal for a directive Annex 3 – paragraph 1 – point f Amendment 1574 #
Proposal for a directive Annex 3 – paragraph 1 – point g Amendment 1575 #
Proposal for a directive Annex 3 – paragraph 1 – point g (g) allowing the trader to increase the price agreed with the consumer when the contract was concluded by more than 5% without giving the consumer the right to terminate the contract;
Amendment 1576 #
Proposal for a directive Annex 3 – paragraph 1 – point g (g) allowing the trader to increase the price agreed with the consumer when the contract was concluded without giving the consumer the right to terminate the contract, as a result of this increase;
Amendment 1577 #
Proposal for a directive Annex 3 – paragraph 1 – point i Amendment 1578 #
Proposal for a directive Annex 3 – paragraph 1 – point i (i) giving the trader the possibility of transferring his obligations under the contract to a third party, without the consumer's agreement, where to do so may reduce guarantees for the consumer;
Amendment 1579 #
Proposal for a directive Annex 3 – paragraph 1 – point k Amendment 1580 #
Proposal for a directive Annex 3 – paragraph 1 – point k a (new) (ka) enabling the trader to alter unilaterally, without a valid reason, any characteristics of the product or service to be provided;
Amendment 1581 #
Proposal for a directive Annex 3 – paragraph 1 – point l a (new) (la) making an agreement binding on the consumer whereas provision of services by the trader is subject to a condition whose realisation depends on his own will alone;
Amendment 1582 #
Proposal for a directive Annex 3 – paragraph 1 – point l b (new) (lb) irrefutably presuming the agreement of the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract;
Amendment 1583 #
Proposal for a directive Annex 3 – paragraph 1 – point l c (new) (lc) enabling the trader to limit the agreed performance of the product or to unduly limit the interoperability of digital products with hardware and software;
Amendment 1584 #
Proposal for a directive Annex 3 – paragraph 1 – point l d (new) (ld) restricting the use of digital products permitted under copyright law;
Amendment 1585 #
Proposal for a directive Annex 3 – paragraph 1 – point 12 – subpoint a (new) Amendment 1586 #
Proposal for a directive Annex 3 – paragraph 1 – point 12 – subpoint b (new) Amendment 1587 #
Proposal for a directive Annex 3 – paragraph 1 – point 12 – subpoint c (new) Amendment 1588 #
Proposal for a directive Annex 3 – paragraph 1 – point 12 – subpoint d (new) Amendment 1589 #
Proposal for a directive Annex 3 – paragraph 1 – point 12 – subpoint e (new) Amendment 1590 #
Proposal for a directive Annex 3 – paragraph 1 – point 12 – subpoint f (new) Amendment 1591 #
Proposal for a directive Annex 3 – paragraph 1 – point 12 – subpoint g (new) Amendment 1592 #
Proposal for a directive Annex 3 – paragraph 2 Amendment 1593 #
Proposal for a directive Annex 3 – paragraph 3 – introductory part Amendment 1594 #
Proposal for a directive Annex 3 – paragraph 4 – introductory part Amendment 1595 #
Proposal for a directive Annex 3 – paragraph 4 – introductory part Amendment 213 #
Proposal for a directive Citation 1 Having regard to the Treaty
Amendment 214 #
Proposal for a directive Citation 4 Acting in accordance with the
Amendment 215 #
Proposal for a directive Recital 2 (2) Those Directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules, removing inconsistencies and closing unwanted gaps in the rules. That review has shown that it is appropriate to replace those four Directives by this single Directive.
Amendment 216 #
Proposal for a directive Recital 2 (2) Those Directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules, removing inconsistencies and closing unwanted gaps in the rules. That review has shown that it is appropriate to replace those four Directives by this single Directive. This Directive should accordingly lay down standard rules for the common aspects
Amendment 217 #
Proposal for a directive Recital 2 (2) Those Directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules, removing inconsistencies and closing unwanted gaps in the rules. That review has shown that it is appropriate to replace
Amendment 218 #
Proposal for a directive Recital 3 (3) Article 1
Amendment 219 #
Proposal for a directive Recital 3 a (new) (3a) This Directive does not apply to services covered by the proposal for a directive of the European Parliament and of the Council on the application of patients' rights in cross-border healthcare (COM(2008)414 final).
Amendment 220 #
Proposal for a directive Recital 4 (4) In accordance with Article
Amendment 221 #
Proposal for a directive Recital 4 (4) In accordance with Article 14(2) of the Treaty, the internal market comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured.
Amendment 222 #
Proposal for a directive Recital 4 a (new) (4a) In order to ensure high levels of consumer protection, thereby increasing consumer confidence and activity in the internal market, this Directive shall provide for minimum harmonisation, except for provisions which are indicated as fully harmonised.
Amendment 223 #
Proposal for a directive Recital 5 Amendment 224 #
Proposal for a directive Recital 5 (5) The cross-border potential of distance selling which should be one of the main tangible results of the internal market is not fully exploited
Amendment 225 #
Proposal for a directive Recital 6 Amendment 226 #
Proposal for a directive Recital 6 Amendment 227 #
Proposal for a directive Recital 6 Amendment 228 #
Proposal for a directive Recital 7 Amendment 229 #
Proposal for a directive Recital 7 (7)
Amendment 230 #
Proposal for a directive Recital 7 (7) These disparities create significant internal market barriers affecting business and consumers. They increase compliance costs to business wishing to engage in cross border sale of goods or provision of services. Fragmentation also undermines consumer confidence in the internal market. The negative effect on consumer confidence is strengthened by an uneven level of consumer protection across the Community. This problem is particularly acute in the light of new market developments
Amendment 231 #
Proposal for a directive Recital 8 Amendment 232 #
Proposal for a directive Recital 8 Amendment 233 #
Proposal for a directive Recital 8 (8)
Amendment 234 #
Proposal for a directive Recital 8 (8)
Amendment 235 #
Proposal for a directive Recital 8 (8) Full harmonisation of some key regulatory aspects will considerably increase legal certainty for both consumers and business. Both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business-to-consumer contracts across the Community. The effect will be to eliminate the barriers stemming from the fragmentation of the rules and to complete the internal market in this area. These barriers can only be eliminated by establishing uniform rules at Community level. Furthermore consumers will enjoy a high common level of protection across the Community. However the regulatory aspects concern only contracts concluded between traders and consumers. Therefore, among others, contracts relating to employment, contracts relating to succession rights, contracts relating to family law and contracts relating to the incorporation and organisation of companies or partnership agreements should be excluded from the Directive.
Amendment 236 #
Proposal for a directive Recital 8 a (new) (8a) The new definition of consumer should encompass situations in which a consumer buys a good or contracts a service partly for personal and partly for professional purposes (mixed purposes). Many Member States have chosen to apply consumer protection rules to other persons or entities such as NGOs, start up business or small enterprises that are in a similar position as consumers in terms of lack of bargaining power and expertise. As a consequence, it is necessary to allow Member States to maintain or extend the protective rules to other legal or natural persons that are not consumers. More and more goods are purchased or downloaded in an intangible digital format. Therefore it is necesary to include intangible goods within the definition of "goods". This will ensure that consumers are equally protected when buying both online and offline. The definition of goods should encompass water, gas and electricity. The includion of these sectors in the scope of the Directive is necessary in a context where traditional public monopolies are dismantled and the involvement of private sector players in these industries.
Amendment 237 #
Proposal for a directive Recital 8 a (new) (8a) The new definition of consumer should encompass situations in which a consumer buys a good or contracts a service partly for personal and partly for professional purposes (mixed purposes). Many Member States have chosen to apply consumer protection rules to other persons or entities such as NGO’s, start up business or small enterprises that are in a similar position as consumers in terms of lack of bargaining power and expertise. As a consequence, it is necessary to allow Member States to maintain or extend the protective rules to other legal or natural persons that are not consumers.
Amendment 238 #
Proposal for a directive Recital 8 b (new) (8b) Nowadays more and more goods are purchased or downloaded in an intangible digital format. Therefore it is necessary to include intangible goods within the definition of “goods”. This will ensure that consumers are equally protected when buying both online and off-line.
Amendment 239 #
Proposal for a directive Recital 8 c (new) (8c) The definition of goods should encompass water, gas and electricity. The inclusion of these sectors in the scope of the directive is necessary in a context where traditional public monopolies are dismantled with the private sector entering these sectors.
Amendment 240 #
Proposal for a directive Recital 9 (9) The field harmonised by this Directive should cover certain aspects of business to consumer contracts. These are rules on information to be provided before conclusion and during performance of
Amendment 241 #
Proposal for a directive Recital 9 a (new) (9a) The provision of pre-contractual information on business premises lies outside the scope of this Directive, since Member States retain the right to maintain or introduce national rules on consumer information at points of sale, concerning inter alia: – the main characteristics of the goods or services; – the price of the goods or services; – the conditions of sale or service; and – any limits on the trader’s liability.
Amendment 242 #
Proposal for a directive Recital 11 Amendment 243 #
Proposal for a directive Recital 11 (11)
Amendment 244 #
Proposal for a directive Recital 11 (11) The existing Community legislation on consumer financial services contains numerous rules on consumer protection. For this reason th
Amendment 245 #
Proposal for a directive Recital 11 (11) The existing
Amendment 246 #
Proposal for a directive Recital 11 (11) The existing
Amendment 247 #
Proposal for a directive Recital 11 a (new) (11a) This Directive shall be without prejudice to the application of the provisions of the Member States relating to the acquisition of immovable property and guarantees relating to immovable property or the formation or transfer of rights in rem in immovable property. This includes agreements connected with such legal acts, such as sales of immovable property still to be developed and hire- purchase.
Amendment 248 #
Proposal for a directive Recital 11 b (new) (11b) The European Union shall aim for a European Charter of Consumer Rights in the area of financial services. This Charter ought to unify and simplify all existing provisions. It should specify the rights of the consumer such as the access to information, the administration and management of one's own financial records, appropriate advice and education in consumer protection. Moreover financial inclusion shall be promoted, best practices from the Member States shall be incorporated, collective redress shall be facilitated and the participation of the stakholders encouraged. In addition, an annual report shall evaluate the progress in the fulfillment of the measures aimed at in the Charter.
Amendment 249 #
Proposal for a directive Recital 11 c (new) (11c) In case of overlap between this Directive and Directive 2006/123/EC or Directive 2000/31/EC of the European Parliament and of the Council, this Directive should take precedence.
Amendment 250 #
Proposal for a directive Recital 11 d (new) (11d) This Directive should apply only in so far as there are no specific provisions with the same objective, nature or effect in other existing or future Union legislation such as in the fields of transport or energy supply. The corresponding provisions of this Directive should not therefore apply in the areas covered by such specific provisions.
Amendment 251 #
Proposal for a directive Recital 11 e (new) (11e) This Directive should not affect the possibility of the Member States to adopt or maintain national provisions under other Union minimum harmonisation legislation.
Amendment 252 #
Proposal for a directive Recital 11 f (new) (11f) The definition of "consumer" is any natural person who, in contracts covered by this Directive, is acting for purposes which are primarily outside his trade, business, craft or profession; Member States may maintain or extend the application of the rules of this Directive to legal or natural persons which are not 'consumers' in the meaning of the previous sentence, e.g. NGOs, start - up businesses, etc
Amendment 253 #
Proposal for a directive Recital 11 g (new) (11g) The definition of "goods" is any tangible or intangible item, including water, gas and electricity with exception of goods sold by way of execution or otherwise by authority of law.
Amendment 254 #
Proposal for a directive Recital 11 h (new) (11h) the definition of "trader" means any natural or legal person and anyone acting in the name or on behalf of the trader, irrespective of whether privately or publically owned who, in contracts covered by this Directive, is acting for purposes relating to this person's trade, business, craft or profession, irrespective of whether or not this person intends to make a profit in the course of this activity.
Amendment 255 #
Proposal for a directive Recital 11 i (new) (11i) Digital goods transmitted to the consumer in a digital format, where the consumer obtains the possibility of use on a permanent basis or in a way similar to the physical possession of a good with the possibility to store it on his computer, should be treated as goods for the application of the provisions applying to sales contracts. The format in which a product is presented or purchased should not matter in terms of consumer protection and consumers should be equally protected on line and off-line
Amendment 256 #
Proposal for a directive Recital 11 j (new) (11j) This Directive does not affect Member States' provisions on the purchase and acquisition of property or the formulation or transfer of rights to property. This also includes agreements connected with such legal acts, especially contracts for purchases from a property developer or leasing contracts.
Amendment 257 #
Proposal for a directive Recital 11 k (new) (11k) This Directive shall be without prejudice to the application of the provisions of the Member States relating to the acquisition of immovable property and guarantees relating to immovable property or the formation or transfer of rights in immovable property. This includes agreements connected with such legal acts, such as sales of immovable property still to be developed and hire- purchase.
Amendment 258 #
Proposal for a directive Recital 11 l (new) (11l) This Directive shall be without prejudice to the application of the provisions of the Member States relating to the acquisition of immovable property and guarantees relating to immovable property or the formation or transfer of rights in rem in immovable property. This includes agreements connected with such legal acts, such as sales of immovable property still to be developed and hire- purchase.
Amendment 259 #
Proposal for a directive Recital 12 (12) The new definition of distance contract should cover all cases where sales and service contracts are concluded without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication (such as mail order, Internet, telephone or fax). This should create a level playing field for all distance traders. It should also improve legal certainty as compared to the current definition requiring the presence of an organised distance selling scheme run by the trader up to the conclusion of the contract.
Amendment 260 #
Proposal for a directive Recital 12 a (new) (12a) European markets feature an increasing amount of online digital content, and a growing number of new products are intertwined combinations of physical product and digital content and services; it should be clear, therefore, that the goods covered by this Directive also include digital products (such as downloads and software), where consumers acquire permanent use of those products or a form of use that is comparable to the physical possession of goods.
Amendment 261 #
Proposal for a directive Recital 12 a (new) (12a) Gambling activities, including lottery and betting transactions, should be excluded from the scope of this Directive in view of the very specific nature of these activities, in the light of which Member States should be able to introduce other or more stringent consumer protection measures.
Amendment 262 #
Proposal for a directive Recital 12 a (new) (12a) Gambling activities, including lottery and betting transactions, should be excluded from the scope of this Directive in view of the very specific nature of these activities which entail implementation by the Member States of other and more stringent consumer protection measures not aiming at the completion of the Internal Market.
Amendment 263 #
Proposal for a directive Recital 12 a (new) (12a) Gambling activities, including lottery and betting transactions, should be excluded from the scope of this Directive in view of the very specific nature of these activities which entail implementation by the Member States of other and more stringent consumer protection measures.
Amendment 264 #
Proposal for a directive Recital 12 a (new) (12a) Gambling activities, including lottery and betting transactions, should be excluded from the scope of this Directive in view of the very specific nature of these activities which entail implementation by the Member States of other and more stringent consumer protection measures not aiming at the completion of the Internal Market.
Amendment 265 #
Proposal for a directive Recital 13 (13) The particular circumstances under which a
Amendment 266 #
Proposal for a directive Recital 13 (
Amendment 267 #
Proposal for a directive Recital 14 (14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer's home or workplace.
Amendment 268 #
Proposal for a directive Recital 14 (14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the
Amendment 269 #
Proposal for a directive Recital 14 (14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from
Amendment 270 #
Proposal for a directive Recital 14 (14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the
Amendment 271 #
Proposal for a directive Recital 14 (14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer's home or workplace. In an off- premises, non-commercial context, consumers
Amendment 272 #
Proposal for a directive Recital 14 (14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer's home or workplace.
Amendment 273 #
Proposal for a directive Recital 14 (14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the
Amendment 274 #
Proposal for a directive Recital 14 (14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer's home or workplace. In an off- premises context, consumers are under psychological pressure no matter whether they have solicited the trader's visit or not. Furthermore, in order to prevent circumventions of rules when consumers are approached away from business premises, a contract negotiated, for example at the consumer's home but concluded in a shop should be regarded as an off-premises contract. Contracts which are endorsed by a public officer in accordance with Member States’ national legislation shall not constitute an unusual situation from a psychological point of view. Such contracts must not be regarded as off- premises or distance contracts within the meaning of this Directive.
Amendment 275 #
Proposal for a directive Recital 14 (14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer's home or workplace.
Amendment 276 #
Proposal for a directive Recital 14 (14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer's home or workplace
Amendment 277 #
Proposal for a directive Recital 14 a (new) Amendment 278 #
Proposal for a directive Recital 15 (15) Business premises should include premises in whatever form (such as shops
Amendment 279 #
Proposal for a directive Recital 15 (15) Business premises should include premises in whatever form (such as shops or lorries) which serve as a permanent place of
Amendment 280 #
Proposal for a directive Recital 15 (15)
Amendment 281 #
Proposal for a directive Recital 15 (15) Business premises should include premises in whatever form (such as shops, taxis or lorries) which serve as a permanent place of business for the trader. Market stalls
Amendment 282 #
Proposal for a directive Recital 15 (15) Business premises should include premises in whatever form (such as shops or lorries) which serve as a permanent place of business for the trader.
Amendment 283 #
Proposal for a directive Recital 15 a (new) (15a) Digital goods transmitted to the consumer in a digital format, where the consumer obtains the permanent possibility of use should be treated as goods for the application of the provisions applying to sales contracts.
Amendment 284 #
Proposal for a directive Recital 16 (16) The definition of durable medium should include all statements made in writing, in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of the computer on which the electronic mail or a pdf file is stored. Any communication by electronic means which provides a durable record in a durable medium is equivalent to "writing".
Amendment 285 #
Proposal for a directive Recital 16 (16)
Amendment 286 #
Proposal for a directive Recital 16 (16)
Amendment 287 #
Proposal for a directive Recital 16 (16) The definition of durable medium should include in particular paper documents
Amendment 288 #
Proposal for a directive Recital 16 (16) The definition of durable medium should include
Amendment 289 #
Proposal for a directive Recital 16 (16) The definition of durable medium should include in particular documents on paper
Amendment 290 #
Proposal for a directive Recital 16 (16)
Amendment 291 #
Proposal for a directive Recital 16 (16) The definition of durable medium should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of the computer on which the electronic mail or
Amendment 292 #
Proposal for a directive Recital 16 (16) The definition of durable medium should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of the computer on which the electronic mail or
Amendment 293 #
Proposal for a directive Recital 16 (16) The definition of durable medium should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of the computer on which the electronic mail or
Amendment 294 #
Proposal for a directive Recital 16 (16) The definition of durable medium
Amendment 295 #
Proposal for a directive Recital 16 (16) The definition of a durable medium should include, in particular, documents on paper, USB sticks, CD-ROM
Amendment 296 #
Proposal for a directive Recital 16 a (new) (16a) Member States may maintain or extend the application of the rules of this Directive to legal or natural persons which are not 'consumers' in the meaning of the article 2, paragraph 1, such as for example NGOs, start-ups or SMEs.
Amendment 297 #
Proposal for a directive Recital 17 (17)
Amendment 298 #
Proposal for a directive Recital 17 (17) Consumers should be entitled to receive information before the conclusion of the contract
Amendment 299 #
Proposal for a directive Recital 17 (17) Consumers should be entitled to receive information in good time before the conclusion of the contrac
Amendment 300 #
Proposal for a directive Recital 17 (17) Consumers should be entitled to receive information before the conclusion of the contract.
Amendment 301 #
Proposal for a directive Recital 17 (17) Consumers should be entitled to receive information before the conclusion of the contract in a language they understand. However traders should not
Amendment 302 #
Proposal for a directive Recital 17 a (new) (17a) Member States should take particular care – making use of existing instruments and cooperation with the relevant institutions, national authorities, regulatory bodies and consumer organisations in order to do so – to guard against the risk of commercial transactions being carried out by companies using the Internet as a means of concealing long-term contractual arrangements under the cover of what appear to be free content downloads available from their sites following user registration, given that such practices seriously undermine consumer confidence in the EU single market.
Amendment 303 #
Proposal for a directive Recital 19 Amendment 304 #
Proposal for a directive Recital 21 (21) In the case of distance contracts, the information requirements should be adapted to take into account the technical constraints of certain media, such as the restrictions of the number of characters on certain mobile telephone screens or the time constraint on television sales spots. In this case the trader should comply with a minimum set of information requirements and refer the consumer to another source of information, for instance by providing a toll free telephone number or a hypertext link to a webpage of the trader where all of the relevant information is directly available and easily accessible.
Amendment 305 #
Proposal for a directive Recital 21 (21) In the case of distance contracts, the information requirements should be adapted to take into account the technical constraints of certain media, such as the restrictions of the number of characters on certain mobile telephone screens or the time constraint on television sales spots. In this case the trader should comply with a minimum set of information requirements and refer the consumer to another source of information, for instance by providing a toll free telephone number or a hypertext link to a webpage of the trader where the relevant information is directly available
Amendment 306 #
Proposal for a directive Recital 22 (22) Since in the case of distance sales, the consumer is not able to see the good before concluding the contract he should, up until the end of the return period, have a right of withdrawal, which allows him to ascertain the nature and
Amendment 307 #
Proposal for a directive Recital 22 (22) Since in the case of distance sales, the consumer is not able to see the good before concluding the contract he should have a right of withdrawal, which allows him to ascertain the nature, quality and functioning of the goods.
Amendment 308 #
Proposal for a directive Recital 22 (22) Since in the case of distance sales, the consumer is not able to see the good before concluding the contract he should have a right of withdrawal,
Amendment 309 #
Proposal for a directive Recital 22 (22) Since in the case of distance sales and off premises transactions, the consumer is not able to see the good before concluding the contract he should have a right of withdrawal, which allows him to ascertain the nature and functioning of the goods.
Amendment 310 #
Proposal for a directive Recital 22 a (new) (22a) The starting point of the cooling off period should be linked with the trader’s compliance with his information obligations, otherwise a contract could persist even in cases where the consumer was not properly informed of his rights; yet this creates a disincentive for the trader to perform his information obligations. The system should also allow the consumer to test the goods during the period of withdrawal.
Amendment 311 #
Proposal for a directive Recital 23 (23) The current varying lengths of the withdrawal periods both between the Member States and for distance and off- premises contracts cause legal uncertainty and compliance costs. The same withdrawal period should apply to all distance and off-premises contracts. In principle, the withdrawal period should end fourteen days after the contract is concluded. However, in the case of distance contracts for the sale of goods, the withdrawal period should end fourteen days after the consumer acquires the material possession of the goods.
Amendment 312 #
Proposal for a directive Recital 23 (23) The current varying lengths of the withdrawal periods
Amendment 313 #
Proposal for a directive Recital 25 (25) The rules on distance contracts should be without prejudice to the provisions on the conclusion of e-contracts and the placing of e-orders as set out by Articles 9 and 11 of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), and in any case consumers should not be bound by the contract unless he or she has received all the information set out in Article 5 of this directive.
Amendment 314 #
Proposal for a directive Recital 26 (26) Whe
Amendment 315 #
Proposal for a directive Recital 27 (27) If the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off- premises contract, the withdrawal period should be extended. However, in order to ensure legal certainty over time, a
Amendment 316 #
Proposal for a directive Recital 27 (27) If the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off- premises contract, the withdrawal period
Amendment 317 #
Proposal for a directive Recital 27 (27) If the trader has not informed the consumer
Amendment 318 #
Proposal for a directive Recital 27 (27) If the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off- premises contract, the withdrawal period should be extended
Amendment 319 #
Proposal for a directive Recital 27 (27) If the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off- premises contract, the withdrawal period should be extended
Amendment 320 #
Proposal for a directive Recital 28 (28) Differences in the ways in which the right of withdrawal is exercised in the Member States have caused costs for businesses selling cross-border. The introduction of a harmonised standard withdrawal form to be used by the consumer in his own official EU language should simplify the withdrawal process and bring legal certainty. For these reasons, Member States should refrain from adding any presentational requirements to the Community-wide standard form relating for example to the font size.
Amendment 321 #
Proposal for a directive Recital 28 (28) Differences in the ways in which the right of withdrawal is exercised in the Member States have caused costs for
Amendment 322 #
Proposal for a directive Recital 28 (28) Differences in the ways in which the right of withdrawal is exercised in the Member States have caused costs for businesses selling cross-border. The introduction of a harmonised standard withdrawal form to be used by the consumer
Amendment 323 #
Proposal for a directive Recital 29 (29) As experience shows that many consumers and traders prefer to communicate via the trader's website, there should be a possibility for the trader to give the consumer the option of filling in a web- based withdrawal form. In this case the trader should provide an acknowledgement of receipt by email without delay, in any case no later than one working day from submiting the withdrawal form.
Amendment 324 #
Proposal for a directive Recital 30 (30) In the case of valid withdrawal the trader should reimburse all payments
Amendment 325 #
Proposal for a directive Recital 31 (31) The consumer is entitled to handle or try the good in order to ascertain its nature and functioning. Some consumers exercise their right
Amendment 326 #
Proposal for a directive Recital 31 (31)
Amendment 327 #
Proposal for a directive Recital 33 (33) Certain exemptions should exist from the right of withdrawal, such as in cases where a right of withdrawal would be inappropriate, given the nature of the product
Amendment 328 #
Proposal for a directive Recital 33 (33) Certain exemptions should exist from the right of withdrawal, such as in cases where a right of withdrawal would be inappropriate, given the nature of the product
Amendment 329 #
Proposal for a directive Recital 34 (34) Furthermore, in case of distance or off-premises contracts for the provision of services, for which the performance begins during the withdrawal period (e.g. data files downloaded by the consumer during that period), it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full or in part. The
Amendment 330 #
Proposal for a directive Recital 34 (34) Furthermore, in case of distance contracts for the provision of services, for which the performance begins during the withdrawal period (e.g. data files downloaded by the consumer during that period), it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full
Amendment 331 #
Proposal for a directive Recital 34 (34) Furthermore, in case of distance contracts for the provision of services, for which
Amendment 332 #
Proposal for a directive Recital 35 a (new) (35a) It would not be proportionate to apply the rules in Chapter 3 to very low value off premises contracts.
Amendment 333 #
Proposal for a directive Recital 36 Amendment 334 #
Proposal for a directive Recital 36 (36) The application of a right of withdrawal may be inappropriate for certain services relating to accommodation, transport and leisure.
Amendment 335 #
Proposal for a directive Recital 37 a (new) Amendment 336 #
Proposal for a directive Recital 37 a (new) (37a) Where the trader has failed to fulfil his obligations to deliver, the consumer should call upon him, on a durable medium, to make the delivery within a reasonable period and notify him of his intention to withdraw from the contract if delivery does not take place. If payment has already been made, the consumer should be entitled to a refund within seven days of withdrawal. It should be possible for Member States to adopt or maintain provisions of national law on other remedies in the event of non-delivery by the time limit set by the consumer, in order to ensure a higher level of protection for the consumer.
Amendment 337 #
Proposal for a directive Recital 38 (38)
Amendment 338 #
Proposal for a directive Recital 38 a (new) (38a) As regards delivery, it should be stipulated that if the trader exceeds the scheduled delivery date by more than seven days, the consumer is entitled to terminate the contract and demand the reimbursement of all sums paid in application of the contract. In such cases, the contract is deemed to be terminated on the date the trader receives a letter from the consumer informing him of this decision, provided that the delivery has not taken place in the meantime. The trader is required to reimburse all sums paid in application of the contract as soon as possible, and no more than seven days after receiving the letter terminating the contract.
Amendment 339 #
Proposal for a directive Recital 38 b (new) (38b) A single, common concept of conformity with contracts, which provides a high level of consumer protection, will provide businesses and consumers with greater legal certainty.
Amendment 340 #
Proposal for a directive Recital 39 a (new) (39a) In many transactions consumers are not provided with enough choices of means of payments or they are charged if they refuse to use certain means. This situation needs to be reflected in a disposition which ensures that the trader will offer to the consumer different means of payment and in case of distance contracts these should include both electronic and non electronic means of payment. As an example, a non electronic system of payment would be the possibility to print an order from the trader’s web site to be paid by cash in a bank or in any other contact point of the trader.
Amendment 341 #
Proposal for a directive Recital 40 (40) If the good is not in conformity with the contract,
Amendment 342 #
Proposal for a directive Recital 40 (40) If the good is not in conformity with the contract,
Amendment 343 #
Proposal for a directive Recital 40 (40)
Amendment 344 #
Proposal for a directive Recital 40 (40) If the good is not in conformity with the contract,
Amendment 345 #
Proposal for a directive Recital 40 (40) If the good is not in conformity with the contract, firstly, the consumer should have the possibility to
Amendment 346 #
Proposal for a directive Recital 40 (40) If the good is not in conformity with the contract, firstly, the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader's choice unless the trader proves that those remedies are unlawful, impossible or causes the trader disproportionate effort. The trader's effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity, the value of the goods and the significance of the lack of conformity. The lack of spare parts should not be a valid ground to justify the trader's failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort.
Amendment 347 #
Proposal for a directive Recital 40 (40) If the good is not in conformity with the contract,
Amendment 348 #
Proposal for a directive Recital 40 (40) If the good is not in conformity with the contract,
Amendment 349 #
Proposal for a directive Recital 41 (41) The consumer should not bear any costs for remedying the lack of conformity, particularly the cost of postage, labour and materials, nor any costs for remedying the lack of conformity if this remedy is effected by a technically competent trader other than the final seller or the appointed service agent. Furthermore, the consumer should not compensate the trader for the use of the defective goods.
Amendment 350 #
Proposal for a directive Recital 41 (41) The consumer should not bear any costs for
Amendment 351 #
Proposal for a directive Recital 42 Amendment 352 #
Proposal for a directive Recital 42 Amendment 353 #
Proposal for a directive Recital 42 (42) When the trader has either refused or has
Amendment 354 #
Proposal for a directive Recital 42 (42)
Amendment 355 #
Proposal for a directive Recital 42 (42)
Amendment 356 #
Proposal for a directive Recital 42 (42) When the trader has either refused or has
Amendment 357 #
Proposal for a directive Recital 42 (42) When various circumstances are relevant the consumer should be entitled to choose freely any of the available remedies. This would be the case in particular where the trader has either refused or has
Amendment 358 #
Proposal for a directive Recital 42 a (new) (42a) It should be stipulated that in certain cases the trader may be held liable for a lack of conformity which existed at the time the risk was transferred to the consumer, even if the lack of conformity becomes apparent only subsequently.
Amendment 359 #
Proposal for a directive Recital 42 b (new) Amendment 360 #
Proposal for a directive Recital 42 b (new) (42b) It should be stipulated that those Member States which so wish should have the possibility of maintaining in their national law provisions in force when this Directive is adopted which provide that the trader becomes liable as from the time the lack of conformity is discovered by the consumer.
Amendment 361 #
Proposal for a directive Recital 43 Amendment 362 #
Proposal for a directive Recital 43 a (new) (43a) Legislation and case-law in this area in the various Member States show that there is growing concern to ensure a high level of consumer protection. In the light of this trend and of the experience gained in implementing the previous directive (Directive 1994/44/EC), it may be appropriate to provide for the producer's direct liability for defects for which he is responsible.
Amendment 363 #
Proposal for a directive Recital 43 a (new) (43a) It is necessary to introduce the direct liability of the producer for defective products. The achievement of the objective to promote and boost consumer confidence to shop cross-border would be greatly helped by the introduction of the direct liability of producer for defective products.
Amendment 364 #
Proposal for a directive Recital 44 (44) Some traders or producers offer consumers commercial guarantees. In order to ensure that consumers are not misled, the commercial guarantees should include certain information, including their duration, territorial scope and a statement that the commercial guarantee does not affect the consumer's legal rights under the national provisions in force and those laid down by this Directive.
Amendment 365 #
Proposal for a directive Recital 44 (44) Some traders or producers offer consumers commercial guarantees. In order to ensure that consumers are not misled, the commercial guarantees should include certain information, including their duration, territorial scope and a statement that the commercial guarantee does not affect the consumer's legal rights. This information should be provided in a language which the consumer understands.
Amendment 366 #
Proposal for a directive Recital 45 (45) There is a need to protect consumers against unfair contract terms
Amendment 367 #
Proposal for a directive Recital 46 Amendment 368 #
Proposal for a directive Recital 47 (47) Consumer contracts should be drafted in plain, intelligible language
Amendment 369 #
Proposal for a directive Recital 47 (47) Consumer contracts should be drafted in plain, intelligible language and be
Amendment 370 #
Proposal for a directive Recital 47 (47) Consumer contracts should be drafted in plain, intelligible language and be legible. T
Amendment 371 #
Proposal for a directive Recital 47 (47) Consumer contracts should be drafted in plain, intelligible language
Amendment 372 #
Proposal for a directive Recital 47 (47) Consumer contracts should be drafted in plain, intelligible language and be legible.
Amendment 373 #
Proposal for a directive Recital 47 (47) Consumer contracts should be drafted in plain, intelligible language
Amendment 374 #
Proposal for a directive Recital 47 (47) Consumer contracts should be drafted in plain, intelligible language
Amendment 375 #
Proposal for a directive Recital 47 a (new) (47a) The rules should not cover formal national requirements with regard to the conclusion of contracts or other formal requirements concerning the language of the contract, for example, or provisions on the content or formulation of clauses in contracts for specific sectors.
Amendment 376 #
Proposal for a directive Recital 49 a (new) (49a) It will be presumed that clauses providing for prices to be increased are unfair if the consumer is not allowed to withdraw from the contract in such an event and the ultimate price is too high in relation to the agreed price. This should not, however, prevent tour operators from altering contractually agreed prices subject to the conditions stipulated in Article 4 (4), (5) and (6) of Council Directive 90/314/EC des Rates.
Amendment 377 #
Proposal for a directive Recital 50 (50) In order to ensure legal certainty and improve the functioning of the internal market, the Directive should contain two non-exhaustive lists of unfair terms. Annex II contains a list of terms which should in all circumstances be considered unfair. Annex III contains a list of terms which should be deemed unfair unless the trader proves otherwise. These same lists should apply in all Member States. As these lists are non-exhaustive, they may be supplemented by the Member States, which may maintain or adopt provisions that are more protective of consumer interests, in order to give a greater number of contract terms the status of terms that are deemed unfair in all circumstances.
Amendment 378 #
Proposal for a directive Recital 50 (50) In order to ensure legal certainty and improve the functioning of the internal market, the Directive should contain two non-exhaustive lists of unfair terms. Annex II contains a list of terms which should in all circumstances be considered unfair. Annex III contains a list of terms which should be
Amendment 379 #
Proposal for a directive Recital 50 (50) In order to ensure legal certainty and improve the functioning of the internal market, the Directive should contain two non-exhaustive lists of unfair terms. Annex II contains a list of terms which should in all circumstances be considered unfair. Annex III contains a list of terms which should be
Amendment 380 #
Proposal for a directive Recital 50 a (new) (50a) Requiring a consumer to purchase ancillary goods or services not advertised in the price of the main contract should be presumed to be unfair. Contingent charges, such as penalties for breaching the contract terms, should be presumed to be unfair where they are clearly disproportionate to the costs incurred by the trader.
Amendment 381 #
Proposal for a directive Recital 52 Amendment 382 #
Proposal for a directive Recital 52 Amendment 383 #
Proposal for a directive Recital 52 Amendment 384 #
Proposal for a directive Recital 53 Amendment 385 #
Proposal for a directive Recital 53 Amendment 386 #
Proposal for a directive Recital 53 Amendment 387 #
Proposal for a directive Recital 53 Amendment 388 #
Proposal for a directive Recital 55 (55) The Member States should ensure that their courts or administrative authorities have at their disposal adequate and effective means of preventing the
Amendment 389 #
Proposal for a directive Recital 55 a (new) (55a) The Member States should ensure that their national authorities have the necessary level of cooperation with the ECC network, so as to react in cross- border cases, especially on pending requests at European Cosumer Centers.
Amendment 390 #
Proposal for a directive Recital 57 (57) Persons or organisations regarded under national law as having a legitimate interest in protecting consumer contractual rights should be afforded legal remedies
Amendment 391 #
Proposal for a directive Recital 57 (57) Persons or organisations regarded under national law as having a legitimate interest in protecting consumer contractual rights should be able to initiate collective protection proceedings and afforded legal remedies for initiating proceedings, either before a court or before an administrative authority which is competent to decide upon complaints or to initiate appropriate legal proceedings.
Amendment 392 #
Proposal for a directive Recital 59 a (new) (59a) We ask the Commission to bring forward proposals on collective redress for consumers
Amendment 393 #
Proposal for a directive Recital 60 (60) The European Commission, following consultation with the Member States and interested parties, will look into the most appropriate way to ensure that all consumers are made aware of their rights at the point of sale.
Amendment 394 #
Proposal for a directive Recital 60 (60) The European Commission will look into the most appropriate way to ensure that all consumers are made aware of their rights at the point of sale and in so far as possible elsewhere.
Amendment 395 #
Proposal for a directive Recital 63 (63) It is appropriate to review this Directive if consumer protection problems and some barriers to the internal market were identified. The review could lead to a Commission proposal to amend this Directive, which may include amendments to other consumer protection legislation reflecting the Commission's Consumer Policy Strategy commitment to review the acquis in order to achieve a high, common level of consumer protection.
Amendment 396 #
Proposal for a directive Recital 65 (65) Since the objectives of this Directive cannot be sufficiently achieved only by the Member States and can therefore in some circumstances be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to eliminate the internal market barriers and achieve a high common level of consumer protection.
Amendment 397 #
Proposal for a directive Article 1 – paragraph 1 The purpose of this Directive is to achieve a high level of consumer protection and contribute to the proper functioning of the internal market
Amendment 398 #
Proposal for a directive Article 1 – paragraph 1 The purpose of this Directive is to
Amendment 399 #
Proposal for a directive Article 1 – paragraph 1 Amendment 400 #
Proposal for a directive Article 1 – paragraph 1 The purpose of this Directive is to achieve a high level of consumer protection and contribute to the proper functioning of the internal market
Amendment 401 #
Proposal for a directive Article 1 a (new) Article 1a Member States may not maintain or adopt in their national law provisions diverging from those laid down in this Chapter, including more or less stringent provisions designed to ensure a different level of consumer protection.
Amendment 402 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) 'consumer' means any natural person who, in
Amendment 403 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) (a) "consumer" means any natural person who, in contracts covered by this Directive, is acting for purposes which are primarily outside his trade, business, craft or profession;
Amendment 404 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) 'consumer' means any natural person who, in contracts covered by this Directive, is acting primarily for purposes which are
Amendment 405 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) "consumer" means any natural person who, in contracts covered by this Directive, is acting for purposes which are primarily outside his trade, business, craft or profession; Member States may maintain or extend the application of the rules of this Directive to legal or natural persons which are not "consumers" in the meaning of the previous paragraph.
Amendment 406 #
Proposal for a directive Article 2 – paragraph 1 – point 1 1) 'consumer' means any natural
Amendment 407 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) "consumer" means any natural person who, in contracts covered by this Directive, is acting for purposes which are primarily outside his trade, business, craft or profession; Member States may maintain or extend the application of the rules of this Directive to legal or natural persons which are not 'consumers' in the meaning of the previous paragraph.
Amendment 408 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) "consumer" means any natural person who, in contracts covered by this Directive, is acting for purposes which are primarily outside his trade, business, craft or profession; Member States may maintain or extend the application of the rules of this Directive to legal or natural persons which are not 'consumers' in the meaning of the previous paragraph.
Amendment 409 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) "consumer" means any natural person who, in contracts covered by this Directive, is acting for purposes which are primarily outside his trade, business, craft or profession;
Amendment 410 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) 'consumer' means any natural person who, in contracts covered by this Directive, is acting
Amendment 411 #
Proposal for a directive Article 2 – paragraph 1 – point 1 a (new) (1a) "vulnerable consumer" means a consumer who is particularly vulnerable to a commercial practice or an underlying product because of, inter alia, his or her mental or physical infirmity, age or credulity, in a way which the trader could reasonably be expected to foresee
Amendment 412 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'trader' means any natural or legal person who, in contracts covered by this Directive, is acting for purposes relating to his trade, business
Amendment 413 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) "trader" means any natural or legal person and anyone acting in the name or on behalf of the trader, irrespective of whether privately or publicly owned who, in contracts covered by this Directive, is acting for purposes relating to this person's trade, business, craft or profession
Amendment 414 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'trader' means any natural or legal person, whether publicly or privately owned, who, in contracts covered by this Directive, is acting for purposes relating to his trade, business, craft or profession and anyone acting in the name of or on behalf of a trader;
Amendment 415 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) "trader" means any natural or legal person who, in contracts covered by this Directive, is acting for purposes relating to his trade, business, craft or profession and anyone acting in the name of or on behalf of a trader
Amendment 416 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'trader' means any natural or legal person who, in contracts covered by this Directive, is acting for purposes relating to his trade, business, craft or profession
Amendment 417 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) "trader" means any natural or legal person and anyone acting in the name or on behalf of the trader, irrespective of whether privately or publicly owned who, in contracts covered by this Directive, is acting for purposes relating to this person's trade, business, craft or profession
Amendment 418 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) '
Amendment 419 #
Proposal for a directive Article 2 – paragraph 1 – point 2 a (new) (2a) 'goods' means any tangible movable item, with the exception of goods sold by way of execution or otherwise by authority of law. Water and gas shall also be considered as ‘goods’ within the meaning of this directive where they are put up for sale in a limited volume or set quantity;
Amendment 420 #
Proposal for a directive Article 2 – paragraph 1 – point 2 b (new) (2b) ‘service’ means any work or other service of any kind provided by the trader for the consumer for remuneration;
Amendment 421 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3) 'sales contract' means any contract for the
Amendment 422 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3) 'sales contract' means any contract
Amendment 423 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3) "sales contract" means any contract for the sale of goods and services by the trader to the consumer including any mixed- purpose contract having as its object both goods and services;
Amendment 424 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – introductory part (4) 'goods' means
Amendment 425 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – introductory part (4) "goods" means any tangible
Amendment 426 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – introductory part (4) 'goods' means any
Amendment 427 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – introductory part (4) "goods" means any tangible movable and intangible item, with the exception of:
Amendment 428 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – introductory part (4)
Amendment 429 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – introductory part (4) "goods" means any tangible
Amendment 430 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – introductory part (4) "goods" means any tangible
Amendment 431 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – point a Amendment 432 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – point a Amendment 433 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – point a Amendment 434 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – point a Amendment 435 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – point a Amendment 436 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – point b Amendment 437 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – point b Amendment 438 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – point b Amendment 439 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – point c Amendment 440 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – point c Amendment 441 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – point c Amendment 442 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – point c Amendment 443 #
Proposal for a directive Article 2 – paragraph 1 – point 4 – point c Amendment 444 #
Proposal for a directive Article 2 – paragraph 1 – point 5 Amendment 445 #
Proposal for a directive Article 2 – paragraph 1 – point 5 (5) 'service contract' means any contract
Amendment 446 #
Proposal for a directive Article 2 – paragraph 1 – point 5 a (new) (5a) ‘mixed-purpose contract’ means any contract that includes both aspects relating to the provision of services and aspects relating to the supply of goods;
Amendment 447 #
Proposal for a directive Article 2 – paragraph 1 – point 5 a (new) (5a) ‘utility supply contracts’ means sales and service contracts for the supply of gas and water, where they are not put up for sale in a limited volume or set quantity, and for the supply of electricity;
Amendment 448 #
Proposal for a directive Article 2 – paragraph 1 – point 6 (6) "distance contract' means any sales or service contract where the trader, for the conclusion or the initiation of the contract, makes exclusive use of one or more means of distance communication;
Amendment 449 #
Proposal for a directive Article 2 – paragraph 1 – point 6 (6) 'distance contract' means any sales or service contract
Amendment 450 #
Proposal for a directive Article 2 – paragraph 1 – point 6 (6) 'distance contract' means any
Amendment 451 #
Proposal for a directive Article 2 – paragraph 1 – point 6 (6) "distance contract' means any
Amendment 452 #
Proposal for a directive Article 2 – paragraph 1 – point 7 (7) 'means of distance communication' means any means which, without the simultaneous physical presence of the trader and the consumer, may be used
Amendment 453 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – introductory part 8) '
Amendment 454 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – introductory part (8) 'off-premises contract' means
Amendment 455 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – introductory part (8) 'off-premises contract' means any contract between a trader and a consumer for the provision of a good or service:
Amendment 456 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – introductory part (8) "off-premises contract' means any contract between a trader and a consumer for the provision of a good or service :
Amendment 457 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point a (a) any sales or service contract concluded away from business premises with the simultaneous physical presence of the
Amendment 458 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point a (a) any sales or service contract concluded away from business premises with the simultaneous physical presence of the trader and the consumer
Amendment 459 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point a (a)
Amendment 460 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point a (a) any sales or service contract
Amendment 461 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point a (a) any sales or service contract concluded
Amendment 462 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point a (a)
Amendment 463 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point a (a) any sales or service contract concluded away from business premises with the simultaneous physical presence of the trader and the consumer
Amendment 464 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point a (a)
Amendment 465 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point a (a) any sales or service contract concluded: -during an excursion organised by the trader away from his business premises
Amendment 466 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point a – point i (new) (i) at the consumer’s workplace or in a private residence unless the consumer, on his own initiative, has previously sent for the trader,
Amendment 467 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point a – point ii (new) (ii) at a leisure event run by the trader, or by a third party at least inter alia in the trader's interest, or
Amendment 468 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point a – point iii (new) (iii) in a vehicle or a publicly accessible place;
Amendment 469 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point a – point i (new) (i) ‘Everyday transactions’ Sales or service contracts in which, as a rule, the contract is performed in full immediately following its conclusion.
Amendment 470 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point b Amendment 471 #
Proposal for a directive Article 2 – paragraph 1 – point 8 –point b Amendment 472 #
Proposal for a directive Article 2 – paragraph 1 – point 8 –point b (b) any sales or service contract concluded on business premises but negotiated away from business premises, with the simultaneous physical presence of the trader and the consumer with the exception of contracts which, according to the provisions of the Member States, are authenticated by a public official who is bound by the law to be independent and impartial and to guarantee, by providing detailed legal information, that the consumer only concludes the contract after due reflection and in full awareness of its legal scope (authentic instrument).
Amendment 473 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point b (b)
Amendment 474 #
Proposal for a directive Article 2 – paragraph 1 – point 8 –point b (b)
Amendment 475 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point b (b) any
Amendment 476 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point b a (new) Amendment 477 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point b b(new) Amendment 478 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point b a (new) (ba) any sales or service contract concluded by whatever means following a sales or service contract under (a) or (b) above, between the same trader and consumer pertaining to same products.
Amendment 479 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point b a (new) (ba) concluded during the excursion of the trader with the aim of promoting and selling goods or services acquired by the consumer.
Amendment 480 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point b a (new) (ba) Contracts which, in accordance with the laws of the Member States, are authenticated by a public official shall be excluded from the scope of this Directive.
Amendment 481 #
Proposal for a directive Article 2 – paragraph 1 – point 8 – point b a (new) (ba) This shall not include contracts for everyday transactions worth not more than EUR 60 which are performed in full by the trader immediately following their conclusion.
Amendment 482 #
Proposal for a directive Article 2 – paragraph 1 – point 9 – introductory part (9) "business premises" means
Amendment 483 #
Proposal for a directive Article 2 – paragraph 1 – point 9 – point a Amendment 484 #
Proposal for a directive Article 2 – paragraph 1 – point 9 – point b Amendment 485 #
Proposal for a directive Article 2 – paragraph 1 – point 9 – point b Amendment 486 #
Proposal for a directive Article 2 – paragraph 1 – point 9 – point b Amendment 487 #
Proposal for a directive Article 2 – paragraph 1 – point 9 – point b Amendment 488 #
Proposal for a directive Article 2 – paragraph 1 – point 9 – point b Amendment 489 #
Proposal for a directive Article 2 – paragraph 1 – point 9 – point b (b) market stalls
Amendment 490 #
Proposal for a directive Article 2 – paragraph 1 – point 11 (11)
Amendment 491 #
Proposal for a directive Article 2 – paragraph 1 – point 12 (12) "product" means any good or service
Amendment 492 #
Proposal for a directive Article 2 – paragraph 1 – point 16 (16) 'public auction' means a method of sale where
Amendment 493 #
Proposal for a directive Article 2 – paragraph 1 – point 16 (16) "public auction" means a method of sale where goods or services are offered by the trader
Amendment 494 #
Proposal for a directive Article 2 – paragraph 1 – point 18 (18) 'commercial guarantee' 'commercial guarantee' means any undertaking by the trader or producer (the 'guarantor') to the consumer, in addition to his legal obligations relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirement not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract;
Amendment 495 #
Proposal for a directive Article 2 – paragraph 1 – point 20 (20) 'ancillary contract' means a contract by which the consumer acquires goods or services related to a distance contract or an off-premises contract concluded as a principal contract and these goods or services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader.
Amendment 496 #
Proposal for a directive Article 2 – paragraph 1 – point 20 (20) 'ancillary contract' means a contract by which the consumer acquires goods or services related to a
Amendment 497 #
Proposal for a directive Article 2 – paragraph 1 – point 20 (20) 'ancillary contract' means a contract by which the consumer acquires goods or services related to a distance contract or an off-premises contract from a trader, and these goods or services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader.
Amendment 498 #
Proposal for a directive Article 2 – paragraph 1 – point 20 a (new) (20a) ‘goods made to the consumer's specifications or clearly personalised’ means any non-prefabricated goods production of which is completed on the basis of an individual choice or decision by the customer on, for example, colour, size, material or finish, which, because they are made to consumer’s wishes in these respects, are unsaleable or saleable only at an unreasonable discount, and which the trader has clearer identified to the consumer as customised goods.
Amendment 499 #
Proposal for a directive Article 2 – paragraph 1 a (new) An obligation in this Directive to provide information on a durable medium is satisfied, where the consumer or trader has provided the other party with an e- mail address, by providing the information in an e-mail to that address.
Amendment 500 #
Proposal for a directive Article 3 – paragraph 1 1. This Directive shall apply, under the conditions and to the extent set out in its provisions, to sales and service contracts concluded between the trader and the consumer. The provisions of this Directive applying to service contracts shall apply to utility supply contracts within the meaning of Article 2 (5a) irrespective of whether they are classified as sales or service contracts.
Amendment 501 #
Proposal for a directive Article 3 – paragraph 1 a (new) 1a. This Directive shall not apply to contracts concluded by means of public auctions.
Amendment 502 #
Proposal for a directive Article 3 – paragraph 1 b (new) 1b. This Directive shall not apply to contracts concluded before notaries or members of equivalent professions.
Amendment 503 #
Proposal for a directive Article 3 – paragraph 1 c (new) 1c. This Directive shall not apply to health or pharmaceutical services.
Amendment 504 #
Proposal for a directive Article 3 – paragraph 2 Amendment 505 #
Proposal for a directive Article 3 – paragraph 2 Amendment 506 #
Proposal for a directive Article 3 – paragraph 2 2. This Directive shall
Amendment 507 #
Proposal for a directive Article 3 – paragraph 2 2. This Directive shall only apply to financial services as regards
Amendment 508 #
Proposal for a directive Article 3 – paragraph 2 2. This Directive shall only apply to financial services as regards
Amendment 509 #
Proposal for a directive Article 3 – paragraph 2 2. This Directive shall only apply to financial services as regards certain
Amendment 510 #
Proposal for a directive Article 3 – paragraph 2 2. This Directive shall only apply to financial services as regards
Amendment 511 #
Proposal for a directive Article 3 – paragraph 2 a (new) 2a. This Directive shall be without prejudice to the provisions contained in European Union legislation concerning special contracts or sectors.
Amendment 512 #
Proposal for a directive Article 3 – paragraph 2 a (new) 2a. This Directive shall not apply to off-premises contracts which are drawn up with the help of a public office-holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope;
Amendment 513 #
Proposal for a directive Article 3 – paragraph 2 b (new) 2b. This Directive shall not apply to gambling activities which involve wagering a stake with pecuniary value in games of chance, including lotteries, gambling in casinos and betting transactions;
Amendment 514 #
Proposal for a directive Article 3 – paragraph 2 c (new) 2c. This Chapter shall not apply to distance and off-premises contracts: (a) relating to immovable property rights, except for rental and works relating to immovable property; (b) for financial services; (c) for transport services.
Amendment 515 #
Proposal for a directive Article 3 – paragraph 2 d (new) 2d. This Chapter shall not apply to off-premises contracts in respect of which the transactions on both sides are to be performed immediately and the payment does not exceed EUR 50, if they are usually concluded by undertakings away from their business premises or if the business is, by its nature, not run on permanent business premises.
Amendment 516 #
Proposal for a directive Article 3 – paragraph 2 a (new) 2a. The Directive shall not affect the general contract law of Member States, insofar as this is not harmonised, within the scope of the Directive.
Amendment 517 #
Proposal for a directive Article 3 – paragraph 3 Amendment 518 #
Proposal for a directive Article 3 – paragraph 3 Amendment 519 #
Proposal for a directive Article 3 – paragraph 3 a (new) 3a. Insofar as it is not harmonised by them, the rules laid down in this directive do not affect national law in the area of general contract law.
Amendment 520 #
Proposal for a directive Article 3 – paragraph 4 Amendment 521 #
Proposal for a directive Article 3 – paragraph 4 Amendment 522 #
Proposal for a directive Article 3 – paragraph 4 4.
Amendment 523 #
Proposal for a directive Article 3 – paragraph 4 4.
Amendment 524 #
Proposal for a directive Article 3 – paragraph 4 – subparagraph 1 (new) This Directive shall not apply to gambling activities, which involve wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions.
Amendment 525 #
Proposal for a directive Article 3 – paragraph 4 – subparagraph 1 a (new) This Directive shall not apply to provisions in Member States' laws relating to the legal nature, sale, acquisition or transfer of ownership of immovable property or to the formulation or transfer of rights to ownership of immovable property.
Amendment 526 #
Proposal for a directive Article 3 – paragraph 4 – subparagraph 1 b (new) Articles 5 to 29 shall not apply to contracts which, in accordance with the provisions of the Member States, are certified by a public office-holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope;
Amendment 527 #
Proposal for a directive Article 3 – paragraph 4 – subparagraph 1 c (new) The Member States may decide that this Directive shall apply only to contracts for which the payment to be made by the consumer exceeds a specified amount. The amount may not exceed EUR 100.
Amendment 528 #
Proposal for a directive Article 3 – paragraph 4 – subparagraph 1 d (new) Articles 12 to 19 shall not apply to distance and off-premises contracts for the provision of accommodation, transport, motor vehicle rental services, catering or leisure services as regards contracts providing for a specific date or period of performance.
Amendment 529 #
Proposal for a directive Article 3 – paragraph 4 a (new) 4a. This directive shall be without prejudice to the application of the provisions of the Member States relating to the formation, acquisition or conveyancing of rights in rem in immovable property or guarantees in rem in immovable property.
Amendment 530 #
Proposal for a directive Article 3 – paragraph 4 a (new) 4a. This Directive shall be without prejudice to provisions in Member States' laws relating to the sale, acquisition or transfer of ownership of immovable property or to the formulation, acquisition or transfer of rights to ownership of immovable property.
Amendment 531 #
Proposal for a directive Article 3 – paragraph 4 a (new) 4a. Member States may decide that this Directive shall apply only to contracts for which the payment to be made by the consumer exceeds a specified amount.
Amendment 532 #
Proposal for a directive Article 3 – paragraph 4 a (new) 4a. This Directive shall not apply to social services relating to social housing, childcare and support of families and persons permanently or temporarily in need which are provided by the State, by providers mandated by the State or by charities recognised as such by the State.
Amendment 533 #
Proposal for a directive Article 3 – paragraph 4 a (new) 4a. This directive shall not apply to gambling activities, which involve wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions.
Amendment 534 #
Proposal for a directive Article 3 – paragraph 4 a (new) Amendment 535 #
Proposal for a directive Article 3 – paragraph 4 a (new) 4a. This Directive shall not apply to gambling activities, which involve wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions.
Amendment 536 #
Proposal for a directive Article 3 – paragraph 4 a (new) Amendment 537 #
Proposal for a directive Article 3 – paragraph 4 b (new) 4b. Member States, in accordance with Union law, may maintain or introduce appropriate and proportionate additional information or presentation requirements adopted as a result of an investigation or a study of a sector of the economy which demonstrates consumer detriment, or a failure of competition, in that sector.
Amendment 538 #
Proposal for a directive Article 3 – paragraph 4 a (new) 4a. This Directive shall be without prejudice to the application of the provisions of the Member States relating to the formation, acquisition or conveyancing of rights in rem in immovable property or guarantees in rem in immovable property.
Amendment 542 #
Proposal for a directive Article 4 – paragraph 1 Amendment 543 #
Proposal for a directive Article 4 – paragraph 1 and paragraph 1 a (new) 1. Except where provided for in paragraph 2, Member States may adopt or maintain in force more stringent provisions, in the field covered by this Directive, in order to ensure a higher level of consumer protection. 1a. Member States may not maintain or introduce
Amendment 544 #
Proposal for a directive Article 4 – paragraph 1 and paragraph 1 a (new) 1. Except where provided for in paragraph 2, Member States may adopt or maintain in force more stringent provisions, in the field covered by this Directive, in order to ensure a higher level of consumer protection. Member States shall ensure that such provisions are compatible with the Treaties. 1a. Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in Articles 2, 3, 5, 12(1) to (3), 13 to 18, 22, 23, 24(1) and (2) and 31(1) to (3) of this Directive, including more
Amendment 545 #
Proposal for a directive Article 4 – paragraph 1 and paragraph 1 a (new) 1. Member States may
Amendment 546 #
Proposal for a directive Article 4 – paragraph 1 Member States may
Amendment 547 #
Proposal for a directive Article 4 – paragraph 1 Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of consumer protection, unless provided otherwise in this Directive.
Amendment 548 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 1 a (new) Unless indicated differently in the respective provisions in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 549 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 1 b (new) Where Member States maintain or introduce more stringent provisions to ensure a higher level of consumer protection in the field harmonised by this directive, these provisions must be compatible with the Treaty and must be notified to the Commission. The Commission shall make that information public on a website or in another easily accessible way.
Amendment 550 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 1c (new) The rights resulting from this Directive shall be exercised without prejudice to other rights which the consumer may invoke under the national rules governing contractual or non-contractual liability.
Amendment 551 #
Proposal for a directive Article 4 – paragraph 1 a (new) Amendment 552 #
Proposal for a directive Article 4 – paragraph 1 b (new) This Chapter shall not apply to distance and off-premises contracts relating to financial services.
Amendment 553 #
Proposal for a directive Article 4 a (new) Article 4a Targeted full harmonisation Save as otherwise provided by this Chapter, Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Chapter.
Amendment 554 #
Proposal for a directive Article 4 b (new) Amendment 555 #
Proposal for a directive Article 4 a (new) Article 4a New Harmonisation With regard to articles 5-7, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection. Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Chapter, except as provided for in articles 9, 10, 11, Article 13 paragraph 2, Article 19 and 20.
Amendment 556 #
Proposal for a directive Chapter 2 – title Consumer information and withdrawal right for distance and off-premises contracts
Amendment 557 #
Proposal for a directive Chapter 2 – title Consumer information and withdrawal right for distance and off-premises contracts
Amendment 558 #
Proposal for a directive Chapter 2 – title Consumer information and withdrawal right for distance and off-premises contracts
Amendment 559 #
Proposal for a directive Chapter 2 – title Amendment 560 #
Proposal for a directive Article - 5 (new) Article - 5 Except as otherwise provided in this chapter with regard to consumer information and the right of withdrawal for distance and off-premises contracts, Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Chapter.
Amendment 561 #
Proposal for a directive Article - 5 (new) Article - 5 Save as otherwise provided by this Chapter, Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Chapter, in order to ensure a different level of consumer protection.
Amendment 563 #
Proposal for a directive Article 5 – paragraph 1 – introductory part 1. Prior to the conclusion of any sales or service contract, the trader shall provide the consumer with
Amendment 564 #
Proposal for a directive Article 5 – paragraph 1 – introductory part 1.
Amendment 565 #
Proposal for a directive Article 5 – paragraph 1 – introductory part 1.
Amendment 566 #
Proposal for a directive Article 5 – paragraph 1 – introductory part 1.
Amendment 567 #
Proposal for a directive Article 5 – paragraph 1 – introductory part 1.
Amendment 568 #
Proposal for a directive Article 5 – paragraph 1 – point - a (new) 1. Prior to the conclusion of any sales or service contract, the trader shall provide the consumer with the following information, if not already apparent from the context: (- a) the fact that it is a sales or service contract, meaning that the intentions of the parties must be established on the basis of this legal arrangement.
Amendment 569 #
Proposal for a directive Article 5 – paragraph 1 – introductory part 1. Prior to the conclusion of any sales or services contract, the trader shall provide the consumer with
Amendment 570 #
Proposal for a directive Article 5 – paragraph 1 – introductory part 1.
Amendment 571 #
Proposal for a directive Article 5 – paragraph 1 – introductory part 1.
Amendment 572 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) the
Amendment 573 #
Proposal for a directive Article 5 – paragraph 1 – point a a (new) (aa) In the case of digital products, technical protection measures, where applicable, and the interoperability with commonly used hardware and software as well as any known lack of interoperability
Amendment 574 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) the geographical address of the place of business and the identity of the trader, such as his trading name and
Amendment 575 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) the geographical business address and the identity of the trader, such as his trading name and, where applicable, the geographical business address and the identity of the trader on whose behalf he is acting;
Amendment 576 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) the
Amendment 577 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) the
Amendment 578 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) the geographical address of the place of business and the identity of the trader, such as his trading name and,
Amendment 579 #
Proposal for a directive Article 5 – paragraph 1 – point b a (new) (ba) contact details including the telephone number and any other means of distance communication enabling the consumer to contact and communicate with the trader rapidly and directly
Amendment 580 #
Proposal for a directive Article 5 – paragraph 1 – point b a (new) (ba) contact details including the telephone number or any other means of distance communication (fax, e-mail, etc.) enabling the consumer in practice to contact and communicate with the trader rapidly and directly;
Amendment 581 #
Proposal for a directive Article 5 – paragraph 1 – point b a (new) (ba) at least one other indication of how to contact the trader, enabling consumers to contact him effectively and quickly (telephone number, fax number or e-mail address).
Amendment 582 #
Proposal for a directive Article 5 – paragraph 1 – point b a (new) (ba) the business address of the trader and his telephone and fax numbers or e-mail address, where available, so that the consumer can genuinely contact the trader;
Amendment 583 #
Proposal for a directive Article 5 – paragraph 1 – point b a (new) (ba) the business address of the trader plus his telephone or fax number or email address, where available so that the consumer can contact the trader quickly and communicate with him efficiently;
Amendment 584 #
Proposal for a directive Article 5 – paragraph 1 – point c (c) the final price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable; in case of an open-ended contract, the final price shall mean the total monthly costs
Amendment 585 #
Proposal for a directive Article 5 – paragraph 1 – point c (c) the final price inclusive of taxes, or where the nature of the
Amendment 586 #
Proposal for a directive Article 5 – paragraph 1 – point c (c) the final price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable; the total monthly cost has to be indicated in cases of open ended contracts.
Amendment 587 #
Proposal for a directive Article 5 – paragraph 1 – point c c) the price inclusive of taxes, or where the nature of the
Amendment 588 #
Proposal for a directive Article 5 – paragraph 1 – point c (c) the price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable
Amendment 589 #
Proposal for a directive Article 5 – paragraph 1 – point c (c) the final price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is
Amendment 590 #
Proposal for a directive Article 5 – paragraph 1 – point c c) the final price inclusive of taxes
Amendment 591 #
Proposal for a directive Article 5 – paragraph 1 – point c (c) the price inclusive of taxes,
Amendment 592 #
Proposal for a directive Article 5 – paragraph 1 – point c (c) the price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable. In case of a services contract including a subscription, the price shall be the total monthly subscription costs;
Amendment 593 #
Proposal for a directive Article 5 – paragraph 1 – point c (c) the final price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable; In case of an open-ended contract, the final price shall mean the total monthly costs.
Amendment 594 #
Proposal for a directive Article 5 – paragraph 1 – point c a (new) (ca) contact details including the telephone number and any other means of distance communication enabling the consumer to contact and communicate with the trader rapidly and directly.
Amendment 595 #
Proposal for a directive Article 5 – paragraph 1 – point d d
Amendment 596 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) the arrangements for payment, delivery
Amendment 597 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) the arrangements for payment, delivery
Amendment 598 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) the arrangements for payment, delivery
Amendment 599 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) the arrangements for payment, delivery, performance
Amendment 600 #
Proposal for a directive Article 5 – paragraph 1 – point d (d)
Amendment 601 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) the arrangements for payment, delivery, performance and the complaint handling policy
Amendment 602 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) the arrangements for payment, delivery
Amendment 603 #
Proposal for a directive Article 5 – paragraph 1 – point d a (new) (da) the complaint handling policy and the geographical address of the place of business of the trader (and where applicable that of the trader on whose behalf he is acting) where the consumer can address any complaints;
Amendment 604 #
Proposal for a directive Article 5 – paragraph 1 – point d b (new) (db) the possibility of having recourse to an amicable dispute settlement, where applicable;
Amendment 605 #
Proposal for a directive Article 5 – paragraph 1 – point d a (new) (da) the date by which the trader undertakes to deliver the goods or to perform the service;
Amendment 606 #
Proposal for a directive Article 5 – paragraph 1 – point d a (new) (da) The procedure of handling complaints, as well as the geographical address of the trader or the trader on whose behalf he/she is acting and the geographical address to which the consumer has to address his complaint;
Amendment 607 #
Proposal for a directive Article 5 – paragraph 1 – point d b (new) (db) the possibility of having recourse to appropriate redress mechanisms, including collective redress and alternative dispute resolution systems.
Amendment 608 #
Proposal for a directive Article 5 – paragraph 1 – point e (e) the existence, or the absence thereof, of a right of withdrawal,
Amendment 609 #
Proposal for a directive Article 5 – paragraph 1 – point e (e) the existence or the absence of a right of withdrawal, and, where applicable, the conditions and procedures for exercising that right pursuant to Annex I, including the withdrawal period and the name and address of the trader to whom the withdrawal is to be communicated;
Amendment 610 #
Proposal for a directive Article 5 – paragraph 1 – point e (e) the existence or absence of a right of withdrawal and, where applicable, the conditions for exercising that right;
Amendment 611 #
Proposal for a directive Article 5 – paragraph 1 – point e (e) the existence or non-existence of a right of withdrawal, as well as the condition and the procedure of the exercice of one's rights, including the possible return costs of the good, where applicable;
Amendment 612 #
Proposal for a directive Article 5 – paragraph 1 – point e (e)
Amendment 613 #
Proposal for a directive Article 5 – paragraph 1 – point e (e) the existence, or the absence thereof, of a right of withdrawal,
Amendment 614 #
Proposal for a directive Article 5 – paragraph 1 – point e (e) the existence of a right of withdrawal, where applicable
Amendment 615 #
Proposal for a directive Article 5 – paragraph 1 – point e (e)
Amendment 616 #
Proposal for a directive Article 5 – paragraph 1 – point e (e) the existence, or the asence thereof, of a right of withdrawal,
Amendment 617 #
Proposal for a directive Article 5 – paragraph 1 – point e (e) the existence or the absence of a right of withdrawal
Amendment 618 #
Proposal for a directive Article 5 – paragraph 1 – point e a (new) (ea) clarification as to who bears the costs of the return of goods after withdrawal, where applicable;
Amendment 619 #
Proposal for a directive Article 5 – paragraph 1 – point e b (new) (eb) information about the financial guarantees to recover payments made in advance, in case of withdrawal or cancellation;
Amendment 620 #
Proposal for a directive Article 5 – paragraph 1 – point e a (new) (ea) Where a right of withdrawal does not apply on account of an explicit request for performance of the service during the withdrawal period, in accordance with Article 19, the information that the consumer will not benefit from a right of withdrawal, as a result of that request;
Amendment 621 #
Proposal for a directive Article 5 – paragraph 1 – point e b (new) (eb) the date by which the trader undertakes to deliver the goods or to perform the service;
Amendment 622 #
Proposal for a directive Article 5 – paragraph 1 – point e a (new) (ea) Information on the financial guarantees to recover advanced payments, in the event of withdrawal from or termination of the contract.
Amendment 623 #
Proposal for a directive Article 5 – paragraph 1 – point e b (new) (eb) where applicable, the specification of who will bear the return costs after the withdrawal;
Amendment 624 #
Proposal for a directive Article 5 – paragraph 1 – point e a (new) (ea) where a right of withdrawal does not apply in accordance with Article 19, that the consumer will not benefit from a right of withdrawal;
Amendment 625 #
Proposal for a directive Article 5 – paragraph 1 – point e b (new) (eb) the date by which the trader undertakes to deliver the goods or to perform the service;
Amendment 626 #
Proposal for a directive Article 5 – paragraph 1 – point e b (new) (eb) the fact that the consumer cannot invoke the right of withdrawal if he explicitly requests performance of the service during the withdrawal period;
Amendment 627 #
Proposal for a directive Article 5 – paragraph 1 – point e a (new) (ea) clarification as to who bears the costs of the return of goods after withdrawal, where applicable;
Amendment 628 #
Proposal for a directive Article 5 – paragraph 1 – point e b (new) (eb) information about the financial guarantees to recover payments made in advance, in case of withdrawal or cancellation;
Amendment 629 #
Proposal for a directive Article 5 – paragraph 1 – point e c (new) (ec) the existence of codes of conduct and how they can be obtained, where applicable;
Amendment 630 #
Proposal for a directive Article 5 – paragraph 1 – point f Amendment 631 #
Proposal for a directive Article 5 – paragraph 1 – point f (f) in addition to a reminder of the existence of a legal guarantee of conformity for goods, the existence and the conditions of after-sales services and commercial guarantees, where applicable;
Amendment 632 #
Proposal for a directive Article 5 – paragraph 1 – point f (f) in addition to a reminder of the existence of a legal guarantee of conformity for goods, the existence and the conditions of after-sales services and commercial guarantees, where applicable;
Amendment 633 #
Proposal for a directive Article 5 – paragraph 1 – point f a (new) (fa) the existence of codes of conduct and how they can be obtained, where applicable;
Amendment 634 #
Proposal for a directive Article 5 – paragraph 1 – point f a (new) (fa) where applicable, the existence and the conditions of customer service after the purchase, as well as the commercial guarantees;
Amendment 635 #
Proposal for a directive Article 5 – paragraph 1 – point f b (new) (fb) where applicable, the existence of a code of conduct and how to have recourse to it
Amendment 636 #
Proposal for a directive Article 5 – paragraph 1 – point g (g) the duration of the contract where applicable or if the contract is open-ended
Amendment 637 #
Proposal for a directive Article 5 – paragraph 1 – point g (g) the duration of the contract where applicable or if the contract is open-ended or automatically renewable, the conditions for terminating the contract ;
Amendment 638 #
Proposal for a directive Article 5 – paragraph 1 – point g (g) the duration of the contract where applicable or if the contract is open-ended, the conditions for terminating the contract, where conditions which depart from statutory provisions are to be agreed;
Amendment 639 #
Proposal for a directive Article 5 – paragraph 1 – point g (g) the duration of the contract where applicable or if the contract is open-ended or automatically renewable, the conditions for terminating the contract;
Amendment 640 #
Proposal for a directive Article 5 – paragraph 1 – point g (g) the duration of the contract where applicable or if the contract is open-ended or to be extended automatically, the conditions for terminating the contract;
Amendment 641 #
Proposal for a directive Article 5 – paragraph 1 – point g (g) the duration of the contract where applicable or if the contract is open-ended, the conditions for and the way how to terminating the contract;
Amendment 642 #
Proposal for a directive Article 5 – paragraph 1 – point h Amendment 643 #
Proposal for a directive Article 5 – paragraph 1 – point i Amendment 644 #
Proposal for a directive Article 5 – paragraph 1 – point i a (new) (ia) that the contract will be concluded with a trader and as a result that the consumer will benefit from the protection afforded by this Directive
Amendment 645 #
Proposal for a directive Article 5 – paragraph 1 – point i b (new) (ib) whether the other party is a consumer in case of a contract concluded through an intermediary
Amendment 646 #
Proposal for a directive Article 5 – paragraph 1 – point i c (new) (ic) the period of time within which the offer will remain available
Amendment 647 #
Proposal for a directive Article 5 – paragraph 1 – point i d (new) (id) the application of technical protection measures for digital products, where applicable
Amendment 648 #
Proposal for a directive Article 5 – paragraph 1 – point i e (new) (ie) the interoperability of digital products with hardware and software according to what the trader is aware of or can reasonably have been aware of, including any lack of interoperability
Amendment 649 #
Proposal for a directive Article 5 – paragraph 1 – point i a (new) (ia) where appropriate, the application of technical protection measures for digital products and the interoperability of digital products with hardware and software, in the light of what the trader knows or should reasonably have known (including non-interoperability).
Amendment 650 #
Proposal for a directive Article 5 – paragraph 1 – point i a (new) (ia) the interoperability of digital products with hard-or software, insofar as the trader has knowledge of this fact, as well as any kind of incompatibility.
Amendment 651 #
Proposal for a directive Article 5 – paragraph 1 – point i b (new) (ib) that the contract is conluded by a trader and that the consumer is accordingly benefiting from the protection of this Directive;
Amendment 652 #
Proposal for a directive Article 5 – paragraph 1 – point i c (new) (ic) the adoption of the technincal protective measures of digital products, where applicable;
Amendment 653 #
Proposal for a directive Article 5 – paragraph 1 – point i d (new) (id) the timeframe, during which the offer remains available;
Amendment 654 #
Proposal for a directive Article 5 – paragraph 1 – point i e (new) (ie) the specification whether the other party is a consumer, in case the contract has been concluded by an intermediary;
Amendment 655 #
Proposal for a directive Article 5 – paragraph 1 – point i a (new) (ia) the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the business is subject, and the methods for having access to it, where applicable.
Amendment 656 #
Proposal for a directive Article 5 – paragraph 1 – point i a (new) (ia) the application of technical protection measures for digital products, where applicable;
Amendment 657 #
Proposal for a directive Article 5 – paragraph 1 – point i b (new) (ib) the interoperability of digital products with hardware and software according to what the trader is aware of or can reasonably have been aware of, including any lack of interoperability.
Amendment 658 #
Proposal for a directive Article 5 – paragraph 1 – point i a (new) (ia) the application of technical protection measures for digital products, where applicable;
Amendment 659 #
Proposal for a directive Article 5 – paragraph 1 – point i b (new) (ib) the compatibility of digital products with hardware and software according to what the trader is aware of or can reasonably have been aware of, including any lack of compatibility;
Amendment 660 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. The trader shall ensure that information about his geographical address and telephone number, as well as about the price inclusive of taxes and about the existence of a right of withdrawal, is provided in such a way that it is easy to find by the consumer
Amendment 661 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. the application of technical protection measures for digital products, where applicable;
Amendment 662 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. the interoperability of digital products with hardware and software according to what the trader is aware of or can reasonably have been aware of, including any lack of interoperability.
Amendment 663 #
Proposal for a directive Article 5 – paragraph 2 Amendment 664 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2a. Member States shall not provide for any other formal requirements applicable to the standard information on withdrawal besides those referred to in Annex I(A) and (A) a.
Amendment 665 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2a. Paragraph 1 is not applicable in sales and service contract, that involve dealings of daily life and in which the trader has to render his service immediately when the contract is conluded.
Amendment 666 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2a. Member States shall not provide for any other requirements as regards the content of the model instructions on withdrawal in Annex I(A).
Amendment 667 #
Proposal for a directive Article 5 – paragraph 3 Amendment 668 #
Proposal for a directive Article 5 – paragraph 3 3. The information referred to in paragraph
Amendment 669 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. The trader bears the burden of proof that he/she has provided the information required by this Article
Amendment 670 #
Proposal for a directive Article 5 – paragraph 3 b (new) 3b. The information provided according to this Article shall be given in plain, intelligible language and be legible
Amendment 671 #
Proposal for a directive Article 5 – paragraph 3 c (new) Amendment 672 #
Proposal for a directive Article 5 – paragraph 3 d (new) 3d. This Article shall not affect information requirements imposed on traders on the basis of specific Community legislation
Amendment 673 #
Proposal for a directive Article 5 – paragraph 3 d (new) 3d. Member States may not introduce or maintain, in their national law, any other provisions than those set out in Article 5 of this Directive, including where they would result in a higher or lower level of consumer protection.
Amendment 674 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. where applicable, if the trader concludes a sales or service contract with a clearly disadvantaged group of consumers, be it on grounds of mental or physical disability or on the basis of age, and if this disadvantage is perceptible by the trader, in this given case the information has to be clear and comprehensible for an average consumer of this group.
Amendment 675 #
Proposal for a directive Article 5 – paragraph 3 b (new) 3b. this article shall not influence, the information requirements that are imposed upon the salesperson by specific legislation of the European Union
Amendment 676 #
Proposal for a directive Article 5 – paragraph 3 c (new) 3c. The burden of proof for the compliance with the required information mentioned in paragraph 1 lies with the trader.
Amendment 677 #
Proposal for a directive Article 5 – paragraph 3 d (new) 3d. The required information, that has to be provided according to this chapter, has to be formulated in a clear and intelligible language and be legible.
Amendment 678 #
Proposal for a directive Article 5 – paragraph 3 e (new) 3e. Article 5 is without prejudice to Directive 2000/31/EC of the European Parliament and of the Council.
Amendment 679 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. The trader bears the burden of proof that he has provided the information required by this Article.
Amendment 680 #
Proposal for a directive Article 5 – paragraph 3 b (new) 3b. The information provided according to this Article shall be given in plain, intelligible language, be legible and in the same font size.
Amendment 681 #
Proposal for a directive Article 5 – paragraph 3 c (new) 3c. Where the trader engages in the conclusion of sales or service contracts with a clearly identifiable group of consumers who are particularly vulnerable to the commercial practice or the underlying product because of their mental or physical infirmity, age or credulity in a way which the trader could reasonably be expected to foresee, the information to be provided under this Article shall be provided in language, which is plain and intelligible for the average member of that group.
Amendment 682 #
Proposal for a directive Article 5 – paragraph 3 d (new) 3d. This Article shall not affect information requirements imposed on traders on the basis of specific Community legislation.
Amendment 683 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. The information requirements referred to in paragraph 1 shall be deemed to have been successfully fulfilled by the trader when the information is provided in such a way so as to guarantee full awareness of the average consumer, who is expected to be observant and circumspect when concluding a contract.
Amendment 684 #
Proposal for a directive Article 5 a (new) Article 5a Except where otherwise provided by this directive, Member States shall not maintain or adopt in their national law provisions which diverge from those set out in this chapter, including stricter or less strict provisions seeking to guarantee a different level of consumer protection.
Amendment 685 #
Proposal for a directive Article 5 a (new) Article 5a Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in Article 5.
Amendment 686 #
Proposal for a directive Article 6 – paragraph -1 (new) -1. Member States may maintain or adopt in their national law stricter provisions than those set out in this article with a view to guaranteeing a higher level of consumer protection.
Amendment 687 #
Proposal for a directive Article 6 – paragraph 2 2. Without prejudice to Articles 7(2), 13 and 42, the consequences of any breach of Article 5, shall be determined in accordance with the applicable national law. Member States shall provide in their national laws for effective contract law remedies for any breach of Article 5. If the trader has not complied with any other information requirement as referred to in paragraph 1, the consumer may (a) avoid the contract, unless this is unreasonable in the circumstances; or (b) claim damages for any loss resulting from the failure to comply with the information requirement.
Amendment 688 #
Proposal for a directive Article 6 – paragraph 2 2. Without prejudice to Articles 7(2), 13 and 42, the consequences of any breach of Article 5, shall be determined in accordance with the applicable national law. Member States shall provide in their national laws for effective and proportionate contract law remedies for any breach of Article 5.
Amendment 689 #
Proposal for a directive Article 6 – paragraph 2 2. Without prejudice to Articles
Amendment 690 #
Proposal for a directive Article 6 – paragraph 2 2.
Amendment 691 #
Proposal for a directive Article 6 – paragraph 2 2. Without prejudice to Articles
Amendment 692 #
Proposal for a directive Article 6 – paragraph 2 2. Without prejudice to Articles 7(2), 13 and 42, the consequences of any breach of Article 5 shall be determined in accordance with the applicable national law.
Amendment 693 #
Proposal for a directive Article 7 Amendment 694 #
Proposal for a directive Article 7 – paragraph 1 Amendment 695 #
Proposal for a directive Article 7 – paragraph 1 1. Prior to the conclusion of the contract, the intermediary shall disclose to the consumer, that he is acting in the name of or on behalf of another consumer and that the contract concluded, shall not be regarded as a contract between the consumer and the trader but rather as a contract between two consumers and
Amendment 696 #
Proposal for a directive Article 7 – paragraph 2 a (new) 2a. This article is without prejudice to national legislations that consider certain contracts concluded through an intermediary as business-to-consumer contracts
Amendment 697 #
Proposal for a directive Chapter 3 – title Amendment 699 #
Proposal for a directive Article 8 a (new) Article 8a Save as otherwise provided by this Chapter, Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Chapter in order to ensure a different level of consumer protection.
Amendment 700 #
Proposal for a directive Article 8 Amendment 701 #
Proposal for a directive Article 8 – paragraph 1 Amendment 702 #
Proposal for a directive Article 9 Amendment 703 #
Proposal for a directive Article 9 Amendment 704 #
Proposal for a directive Article 9 – paragraph 1 – introductory part As regards distance or off-premises contracts, the trader shall provide the following information
Amendment 705 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) the information referred to in Articles 5 and 7
Amendment 706 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) the information referred to in Articles 5 and 7
Amendment 707 #
Proposal for a directive Article 9 – paragraph 1 – point a a (new) (aa) The identity of the representative of the seller in the country of residence of the consumer, where appropriate
Amendment 708 #
Proposal for a directive Article 9 – paragraph 1 – point a a (new) (aa) where appropriate, the identity of the representative of the seller in the country of residence of the consumer;
Amendment 709 #
Proposal for a directive Article 9 – paragraph 1 – point a a (new) (aa) The identity of the representative of the seller in the country of residence of the consumer, where appropriate;
Amendment 710 #
Proposal for a directive Article 9 – paragraph 1 – point b Amendment 711 #
Proposal for a directive Article 9 – paragraph 1 – point b Amendment 712 #
Proposal for a directive Article 9 – paragraph 1 – point b (b)
Amendment 713 #
Proposal for a directive Article 9 – paragraph 1 – point c Amendment 714 #
Proposal for a directive Article 9 – paragraph 1 – point c Amendment 715 #
Proposal for a directive Article 9 – paragraph 1 – point d Amendment 716 #
Proposal for a directive Article 9 – paragraph 1 – point d Amendment 717 #
Proposal for a directive Article 9 – paragraph 1 – point d Amendment 718 #
Proposal for a directive Article 9 – paragraph 1 – point d a (new) (da) Information on the costs of the means of communication;
Amendment 719 #
Proposal for a directive Article 9 – paragraph 1 – point d a (new) (da) Information on the cost of the means of communication;
Amendment 720 #
Proposal for a directive Article 9 – paragraph 1 – point e Amendment 721 #
Proposal for a directive Article 9 – paragraph 1 – point e Amendment 722 #
Proposal for a directive Article 9 – paragraph 1 – point e Amendment 723 #
Proposal for a directive Article 9 – paragraph 1 – point e (e) the possibility of having recourse to a
Amendment 724 #
Proposal for a directive Article 9 – paragraph 1 – point f Amendment 725 #
Proposal for a directive Article 9 – paragraph 1 – point f Amendment 726 #
Proposal for a directive Article 9 – paragraph 1 – point f Amendment 727 #
Proposal for a directive Article 9 – paragraph 1 – point f a (new) (fa) with respect to an off premises contract for the provision of services (including where goods are provided as part of the transaction), that the consumer would be liable to pay the trader a reasonable amount calculated according to Article 17(4), in the event of exercising the right of withdrawal after having made a request pursuant to Article 10(2a).
Amendment 728 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. The trader bears the burden of proof that he/she has provided the information required by this article.
Amendment 729 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. The trader bears the burden of proof that he/she has provided the information required by this Article.
Amendment 730 #
Proposal for a directive Article 10 – title Amendment 731 #
Proposal for a directive Article 10 – title Formal
Amendment 732 #
Proposal for a directive Article 10 – title Amendment 733 #
Proposal for a directive Article 10 – paragraph 1 1. With respect to off-premises contracts, the information provided for in Article
Amendment 734 #
Proposal for a directive Article 10 – paragraph 1 1. With respect to off-premises contracts, the information provided for in Article 9 shall be
Amendment 735 #
Proposal for a directive Article 10 – paragraph 1 1. With respect to off-premises contracts, the information provided for in Article 9 shall be given in the order form in plain and intelligible language, including the language of the consumer, and be legible. The order form shall include the standard withdrawal form set out in Annex I(B).
Amendment 736 #
Proposal for a directive Article 10 – paragraph 1 1.
Amendment 737 #
Proposal for a directive Article 10 – paragraph 1 1. With respect to contracts
Amendment 738 #
Proposal for a directive Article 10 – paragraph 1 1. With respect to off-premises contracts, the information provided for in Article 9 shall be given in the order form in plain and intelligible language and be legible. The order form shall include the standardised European withdrawal form set out in Annex I(B).
Amendment 739 #
Proposal for a directive Article 10 – paragraph 1 1. With respect to contracts
Amendment 740 #
Proposal for a directive Article 10 – paragraph 1 1. With respect to off-premises contracts, the information provided for in Article 9 shall be given in the order form in plain and intelligible language
Amendment 741 #
Proposal for a directive Article 10 – paragraph 1 1. With respect to off-premises contracts, the information provided for in Article 9 shall be given in
Amendment 742 #
Proposal for a directive Article 10 – paragraph 1 1. With respect to off-premises contracts, the information provided for in Article 9 shall be
Amendment 743 #
Proposal for a directive Article 10 – paragraph -1 (new) -1. Member States may maintain or adopt in their national law stricter provisions than those set out in this article with a view to guaranteeing a higher level of consumer protection.
Amendment 744 #
Proposal for a directive Article 10 – paragraph 3 a (new) 3a. Sending the good back within the withdrawal period should in itself be regarded as a "clearly worded statement".
Amendment 745 #
Proposal for a directive Article 10 – paragraph 2 Amendment 746 #
Proposal for a directive Article 10 – paragraph 2 Amendment 747 #
Proposal for a directive Article 10 – paragraph 2 2.
Amendment 748 #
Proposal for a directive Article 10 – paragraph 2 2. An off-premises contract shall
Amendment 749 #
Proposal for a directive Article 10 – paragraph 2 2. An off-premises contract shall only be valid if the consumer signs an order form
Amendment 750 #
Proposal for a directive Article 10 – paragraph 2 2. An off-premises contract shall only be valid if the consumer signs an order form received by him prior to completion of the contract and in cases where the order form is not on paper, receives a copy of the order form on another durable medium.
Amendment 751 #
Proposal for a directive Article 10 – paragraph 2 2. An off-premises contract shall only be valid if the consumer signs an order form and
Amendment 752 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 1 a (new) Amendment 753 #
Proposal for a directive Article 10 – paragraph 2 a (new) 2a. Where a consumer wishes the provision of services (including where goods are provided as part of the transaction), to begin during the withdrawal period provided for in Article 12(1a), the trader shall require that the consumer makes such a request on a durable medium.
Amendment 754 #
Proposal for a directive Article 10 – paragraph 3 Amendment 755 #
Proposal for a directive Article 10 – paragraph 3 Amendment 756 #
Proposal for a directive Article 10 – paragraph 3 Amendment 757 #
Proposal for a directive Article 10 – paragraph 3 3. Member States shall not impose any pre- contractual formal requirements other than those provided for in paragraphs 1 and 2.
Amendment 758 #
Proposal for a directive Article 10 – paragraph 3 3. Member States shall not impose any formal pre-contractual requirements other than those provided for in paragraphs 1 and 2.
Amendment 759 #
Proposal for a directive Article 10 – paragraph 3 3. Member States shall not impose any formal requirements other than those provided for in paragraph
Amendment 760 #
Proposal for a directive Article 10 – paragraph 3 3. Member States shall not impose any further formal requirements
Amendment 761 #
Proposal for a directive Article 10 – paragraph 3 3. Member States shall not impose any formal pre-contractual requirements other than those provided for in paragraph
Amendment 762 #
Proposal for a directive Article 10 – paragraph 3 a (new) 3a. The requirements of Article 10 are considered fulfilled in repeat sales transactions between the same trader and consumer using either distance or off- premises contracts, provided the consumer has had the opportunity in person to see or have demonstrated the goods or services that are the subject of the transaction, and provided that the requirements of Article 10 have been observed with respect to a previous transaction.
Amendment 763 #
Proposal for a directive Article 10 a (new) Article 10a With respect to subsequent sales contracts (both distance and off-premises contracts) concluded between the same trader and consumer, the requirements set out in Article 10 shall be regarded as having been fulfilled where the consumer has had an opportunity to see, or to have demonstrated to him, the goods or services which are the subject matter of the transaction or where the formal requirements laid down in Article 10 were complied with during a previous transaction.
Amendment 764 #
Proposal for a directive Article 11 a (new) Amendment 765 #
Proposal for a directive Article 11 – title Amendment 766 #
Proposal for a directive Article 11 – title Formal preliminary contract requirements for distance contracts
Amendment 767 #
Proposal for a directive Article 11 – title Formal pre-contractual requirements for distance contracts
Amendment 768 #
Proposal for a directive Article 11 – paragraph 1 1. With respect to distance contracts, the information provided for in Article
Amendment 769 #
Proposal for a directive Article 11 – paragraph 1 1. With respect to distance contracts, the information provided for in Article 9(a) shall be given or made available to the consumer in sufficient time to enable him to acquaint himself with it, and at any event prior to the conclusion of the contract, in plain and intelligible language and be legible, in a way appropriate to the means of distance communication used.
Amendment 770 #
Proposal for a directive Article 11 – paragraph 1 1. With respect to distance contracts, the information provided for in Article
Amendment 771 #
Proposal for a directive Article 11 – paragraph 1 1. With respect to distance contracts, the information provided for in Article
Amendment 772 #
Proposal for a directive Article 11 – paragraph 1 1. With respect to distance contracts, the information provided for in Article 9(a) shall be given or made available to the consumer
Amendment 773 #
Proposal for a directive Article 11 – paragraph 1 1. With respect to distance contracts, the information provided for in Article
Amendment 774 #
Proposal for a directive Article 11 – paragraph 1 1. With respect to distance contracts, the information provided for in Article
Amendment 775 #
Proposal for a directive Article 11 – paragraph 1 1. With respect to distance contracts, the information provided for in Article 9(a) shall be given or made available to the consumer
Amendment 776 #
Proposal for a directive Article 11 – paragraph 1 1. With respect to distance contracts, the information provided for in Article
Amendment 777 #
Proposal for a directive Article 11 – paragraph 1 1. With respect to distance contracts, the information provided for in Article 9(a) shall be given or made available to the consumer
Amendment 778 #
Proposal for a directive Article 11 – paragraph 1 a (new) 1 a. In case the contract places the consumer under the obligation to make a payment, the trader shall display this obligation clearly and prominently to the consumer, prior to the consumers’ contractual statement. The order will be binding only if the consumer has confirmed to be aware of this obligation.
Amendment 779 #
Proposal for a directive Article 11 – paragraph 1 a (new) 1a. Where the subject of the contract and the urgency of its performance render the application of paragraph 1 wholly impracticable, the information referred to in Article 5 may be given verbally prior to the conclusion of the contract and confirmed without delay in accordance with the above-mentioned paragraph.
Amendment 780 #
Proposal for a directive Article 11 – paragraph 1 a (new) 1a. Online contracts requiring the consumer to make payment shall only be binding on the consumer following express confirmation of the information provided for under Article 5(1)(c).
Amendment 781 #
Proposal for a directive Article 11 – paragraph 1 a (new) 1a. If a distance contract for services concluded on the internet places the consumer under an obligation to make a payment, the consumer shall only be bound by the contract if the trader has (a) made the consumer aware in a clear and highly visible manner of the total price, including all related price components, and (b) designed his website in such a way that a binding order cannot be placed until the consumer has confirmed that he has read and understood the statement required under letter (a).
Amendment 782 #
Proposal for a directive Article 11 – paragraph - 1 (new) -1. Member States may maintain or adopt in their national law stricter provisions than those set out in this article with a view to guaranteeing a higher level of consumer protection.
Amendment 783 #
Proposal for a directive Article 11 – paragraph 1 a (new) 1a. If a distance contract for services concluded on the internet places the consumer under an obligation to make a payment, the consumer shall only be bound by the contract if the trader has (a) made the consumer aware in a clear and highly visible manner of the total price, including all related price components, and (b) designed his website in such a way that a binding order cannot be placed until the consumer has confirmed that he has read and understood the statement required under letter (a).
Amendment 784 #
Proposal for a directive Article 11 – paragraph 2 2. If, in conformity with the national law applicable, the trader makes a telephone call to the consumer with a view to concluding a distance contract by telephone, the trader shall disclose his identity and, where applicable, the identity of the person on whose behalf he makes the call, and the commercial purpose of the call at the beginning of the conversation with the consumer.
Amendment 785 #
Proposal for a directive Article 11 – paragraph 2 2. If the trader
Amendment 786 #
Proposal for a directive Article 11 – paragraph 2 2. If the trader makes a telephone call to the consumer with a view to concluding a distance contract
Amendment 787 #
Proposal for a directive Article 11 – paragraph 2 2. If the trader
Amendment 788 #
Proposal for a directive Article 11 – paragraph 2 2. If the trader makes a telephone call to the consumer with a view to concluding a distance contract, he shall disclose his identity and the commercial purpose of the call at the beginning of the conversation with the consumer. The consumer’s agreement over the telephone shall under no circumstances be deemed to commit the consumer in a binding manner. The trader shall send the consumer a confirmation of his offer in writing or on a durable medium of the consumer’s choice. The consumer shall not be bound by the contract unless or until he has signed it.
Amendment 789 #
Proposal for a directive Article 11 – paragraph 2 2. If the trader makes a telephone call to the consumer with a view to concluding a distance contract by telephone, he shall disclose his identity
Amendment 790 #
Proposal for a directive Article 11 – paragraph 2 2. If the trader makes a telephone call to the consumer with a view to concluding a distance contract, he shall disclose his identity and the commercial purpose of the call at the beginning of the conversation with the consumer.The trader shall send to the consumer a confirmation of the offer on a durable medium. The consumer is bound to the contract only by his signature.
Amendment 791 #
Proposal for a directive Article 11 – paragraph 2 a (new) 2a. In case the contract places the consumer under the obligation to make a payment, the trader shall display this obligation clearly and prominently to the consumer, prior to the consumers' contractual statement. The order will be binding only if the consumer has confirmed to be aware of this obligation.
Amendment 792 #
Proposal for a directive Article 11 – paragraph 2 a (new) 2a. Electronic trading sites shall be required to indicate clearly and legibly on their homepage whether there are restrictions of any kind – including on means of payment – regarding delivery to certain countries. Consumers shall be provided, on request, with the reasons for such restrictions.
Amendment 793 #
Proposal for a directive Article 11 – paragraph 3 3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide
Amendment 794 #
Proposal for a directive Article 11 – paragraph 3 3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide at least the information
Amendment 795 #
Proposal for a directive Article 11 – paragraph 3 3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide at least, on that particular medium prior to the conclusion of such a contract, the information regarding the main characteristics of the product
Amendment 796 #
Proposal for a directive Article 11 – paragraph 3 3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide
Amendment 797 #
Proposal for a directive Article 11 – paragraph 3 3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide at least the information regarding the main characteristics of the product
Amendment 798 #
Proposal for a directive Article 11 – paragraph 3 3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide
Amendment 799 #
Proposal for a directive Article 11 – paragraph 3 3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide at least the information regarding the main characteristics of the product
Amendment 800 #
Proposal for a directive Article 11 – paragraph 3 3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide at least the information regarding the main characteristics of the product and the total price referred to in Articles 5(1)(a), (b), (c), (e) and (
Amendment 801 #
Proposal for a directive Article 11 – paragraph 3 3. If the contract is concluded via telephone or through a medium which allows limited space or time to display the information, the trader shall provide at least the information regarding the main characteristics of the product and the total price referred to in Articles 5(1)(a) and (c) on that particular medium prior to the conclusion of such a contract. The other information referred to in Articles 5
Amendment 802 #
Proposal for a directive Article 11 – paragraph 3 3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide
Amendment 803 #
Proposal for a directive Article 11 – paragraph 4 Amendment 804 #
Proposal for a directive Article 11 – paragraph 4 Amendment 805 #
Proposal for a directive Article 11 – paragraph 4 Amendment 806 #
Proposal for a directive Article 11 – paragraph 4 4. The consumer shall receive confirmation of all the information referred to in Article 9(a) to (f), on a durable medium, in reasonable time after the conclusion of any distance contract, and at the latest at the time of the delivery of the goods or when the performance of the service has begun
Amendment 807 #
Proposal for a directive Article 11 – paragraph 4 4. The consumer shall receive confirmation of all the information referred to in Article
Amendment 808 #
Proposal for a directive Article 11 – paragraph 4 a (new) 4a. If a consumer wishes the provision of service to begin during the withdrawal period, he shall make such a request to the trader on a durable medium.
Amendment 809 #
Proposal for a directive Article 11 – paragraph 4 a (new) 4a. In order for the distance contract to be validly concluded, the consumer must have had the opportunity to verify the full details of his order and its total price and to correct any errors before confirming the order and thereby validly expressing his acceptance.
Amendment 810 #
Proposal for a directive Article 11 – paragraph 4 a (new) 4a. Within the context of an online contract, in order for the distance contract to be validly concluded, the consumer must have had the opportunity to verify the details of his order and its total price and to correct any errors before confirming the order and thereby expressing his acceptance.
Amendment 811 #
Proposal for a directive Article 11 – paragraph 4 (new) 4a. A contract in electronic commerce covering provision of a good or service against payment whereby the consumer’s order is placed directly on the vendor’s website shall only become effective if the consumer has, before placing the order with the vendor, received notification of the fact that payment is involved and been given the information under Article 5 (1)(c) in a clear, typographically visible form and confirmed in a declaration separate from the order that he has read and understood this information.
Amendment 812 #
Proposal for a directive Article 11 – paragraph 4 a (new) 4a. The durable media referred to in paragraphs 2 and 4 shall be chosen by the consumer.
Amendment 813 #
Proposal for a directive Article 11 – paragraph 4 b (new) 4b. For the contract to be valid, the consumer shall be able to check all the details of his order and the total price before giving a final approval.
Amendment 814 #
Proposal for a directive Article 11 – paragraph 5 Amendment 815 #
Proposal for a directive Article 11 – paragraph 5 Amendment 816 #
Proposal for a directive Article 11 – paragraph 5 Amendment 817 #
Proposal for a directive Article 11 – paragraph 5 Amendment 818 #
Proposal for a directive Article 11 – paragraph 5 Amendment 819 #
Proposal for a directive Article 11 – paragraph 5 5. Member States shall not impose any pre- contractual formal requirements other than those provided for in paragraphs 1 to 4.
Amendment 820 #
Proposal for a directive Article 11 – paragraph 5 5. Member States shall not impose any pre-contractual formal requirements other than those provided for in paragraphs 1 to 4.
Amendment 821 #
Proposal for a directive Article 11 – paragraph 5 5. Member States shall not impose any pre-contractual formal requirements other than those provided for in paragraphs 1 to 4.
Amendment 822 #
Proposal for a directive Article 11 – paragraph 5 5. Member States shall not impose any further formal requirements
Amendment 823 #
Proposal for a directive Article 11 – paragraph 5 5. Member States shall not impose any formal requirements other than those provided for in paragraphs 1 to 4. The Member States’ rules on unfair commercial practices, particularly those implementing Article 5 in combination with Appendix 1, No 26 of Directive 26/2005/EC of the European Parliament and of the Council, shall be unaffected.
Amendment 824 #
Proposal for a directive Article 12 – paragraph 1 1. The consumer shall have a period of fourteen days from the day of the conclusion of the contract to withdraw from a
Amendment 825 #
Proposal for a directive Article 12 – paragraph 1 1.
Amendment 826 #
Proposal for a directive Article 12 – paragraph 1 1. The consumer shall have a period of
Amendment 827 #
Proposal for a directive Article 12 – paragraph 1 a (new) 1a. Save as otherwise provided, the withdrawal period shall begin from the day of the conclusion of the contract or on the day on which the consumer receives a copy of the signed contract on a durable medium, if this is not the day of conclusion of the contract.
Amendment 828 #
Proposal for a directive Article 12 – paragraph 1 a (new) 1a. In case of a sales contract, the withdrawal period shall begin from the day of delivery of the goods, where the requirements laid down in Article 9 have been met. If the goods are delivered separately, the withdrawal period shall start when each individual good is delivered. When a good is delivered in parcels or pieces, the withdrawal period should start when the last parcel or piece is delivered.
Amendment 829 #
Proposal for a directive Article 12 – paragraph 1 b (new) 1b. In case of a service contract, the withdrawal period shall start from the day of the conclusion of the contract, or from the day on which the requirements laid down in Article 9 have been met, when these are met after the conclusion of the contract, unless the exception of Article 19 (1 under (a)) is applicable.
Amendment 830 #
Proposal for a directive Article 12 – paragraph 2 Amendment 831 #
Proposal for a directive Article 12 – paragraph 2 Amendment 832 #
Proposal for a directive Article 12 – paragraph 2 Amendment 833 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 1 Amendment 834 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 1 Amendment 835 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 1 2. In the case of an off-premises contract, the withdrawal period shall begin from the day when the consumer signs the order form or in cases where the order form is not on paper, when the consumer receives a copy of the order form on another durable medium of his choice.
Amendment 836 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 1 In the case of a
Amendment 837 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 1 In the case of a
Amendment 838 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 1 In the case of a
Amendment 839 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 2 Amendment 840 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 2 Amendment 841 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 2 Amendment 842 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 2 In the case of a distance contract for the sale of goods, the withdrawal period shall begin from the day on which the consumer
Amendment 843 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 2 In the case of a distance
Amendment 844 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 2 In the case of a distance contract for the sale of goods, the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of each of the goods ordered. In case of continuing obligations the withdrawal period shall begin from the day of the first partial delivery.
Amendment 845 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 2 a (new) In the case of delivery of a good consisting of several parts or pieces, the withdrawal period shall be calculated from the day on which the consumer receives the last part or piece.
Amendment 846 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 3 Amendment 847 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 3 Amendment 848 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 3 In the case of a distance or off premises contract for the provision of services, the withdrawal period shall begin from the day of
Amendment 849 #
Proposal for a directive Article 12 – paragraph 2 – subparagraph 3 In
Amendment 850 #
Proposal for a directive Article 12 – paragraph 2 a (new) Amendment 851 #
Proposal for a directive Article 12 – paragraph 2 a (new) Amendment 852 #
Proposal for a directive Article 12 – paragraph 2 a (new) 2a. The withdrawal period ends fourteen days at latest after: a) the time of conclusion of the contract; b) the time when the entitled party receives from the other party adequate information on the right to withdrawal; or c) if the subject-matter of the contract is the delivery of goods, the time when the goods are received. d) if the subject-matter of the contract is a mixed-contract (both goods and services), the time when the latest event takes place (delivery of the good or provision of the service).
Amendment 853 #
Proposal for a directive Article 12 – paragraph 2 a (new) 2a. However, as regards the distance sale of goods, the withdrawal period may not expire before 14 days from the day when the consumer takes delivery of the goods. Where an order made by the consumer relates to different goods which are delivered separately, the withdrawal period shall begin from when each good is delivered. Where the order relates to a batch made up of different goods or services, the withdrawal period shall begin from when the consumer has taken delivery of the final element making up the batch.
Amendment 854 #
Proposal for a directive Article 12 – paragraph 3 a (new) 3a. In the case of distance contracts, the Member States shall not prohibit the parties from performing their obligations as laid down in this Directive during the withdrawal period. In the case of off-premises contracts, this Article shall be without prejudice to any rule of national law establishing, within the withdrawal period, a period of time during which the performance of the contract may not begin.
Amendment 855 #
Proposal for a directive Article 12 – paragraph 4 Amendment 856 #
Proposal for a directive Article 12 – paragraph 4 Amendment 857 #
Proposal for a directive Article 12 – paragraph 4 Amendment 858 #
Proposal for a directive Article 12 – paragraph 4 Amendment 859 #
Proposal for a directive Article 12 – paragraph 4 Amendment 860 #
Proposal for a directive Article 12 – paragraph 4 4.
Amendment 861 #
Proposal for a directive Article 12 – paragraph 4 a (new) 4a. Member States can maintain national provisions prohibiting the parties from performing their obligations during the right of withdrawal.
Amendment 862 #
Proposal for a directive Article 12 – paragraph 4 a (new) 4a. Member States may not adopt or maintain rules which go beyond the provisions in this Article, including where they result in a higher or lower level of consumer protection.
Amendment 863 #
Proposal for a directive Article 12 – paragraph 4 a (new) 4a. Member States may, in order to ensure a higher degree of consumer protection, maintain or introduce under their national law withdrawal periods of longer duration than that specified in this Directive.
Amendment 864 #
Proposal for a directive Article 13 If the trader has not provided the consumer with the information on the right of withdrawal (or the fact that he does not have the right of withdrawal) in breach of Articles
Amendment 865 #
Proposal for a directive Article 13 If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles
Amendment 866 #
Proposal for a directive Article 13 If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles
Amendment 867 #
Proposal for a directive Article 13 If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles
Amendment 868 #
Proposal for a directive Article 13 If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles
Amendment 869 #
Proposal for a directive Article 13 If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles
Amendment 870 #
Proposal for a directive Article 13 If the trader has not provided the consumer with the information
Amendment 871 #
Proposal for a directive Article 13 If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 10(1) and 11(4), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligations. In case of continuing obligations this period shall begin from the day of the first partial delivery.
Amendment 872 #
Proposal for a directive Article 13 If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 10(1) and 11(4), the withdrawal period shall expire three months after the
Amendment 873 #
Proposal for a directive Article 13 If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 10(1) and 11(4), the withdrawal period shall expire
Amendment 874 #
Proposal for a directive Article 13 If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 10(1) and 11(4), the withdrawal period shall
Amendment 875 #
Proposal for a directive Article 13 If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles
Amendment 876 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 1 Amendment 877 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 1 1. The consumer shall inform the trader of his decision to withdraw on a durable medium either
Amendment 878 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 1 The consumer shall inform the trader of his decision to withdraw
Amendment 879 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 1 The consumer shall inform the trader of his decision to withdraw
Amendment 880 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 1 1. The consumer shall inform the trader of his decision to withdraw on a durable medium either in a clearly worded statement addressed to the trader
Amendment 881 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 1 Amendment 882 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 1 Amendment 883 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 2 Amendment 884 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 2 Amendment 885 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 2 Member States shall not provide for any other formal requirements applicable to this standardised European withdrawal form.
Amendment 886 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 2 Member States shall not provide for any other formal requirements applicable to this
Amendment 887 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 2 a (new) Additionally, in the case of the provision of a service online, where such service provides for a means of withdrawal via that service itself, the consumer must be able to use that means.
Amendment 888 #
Proposal for a directive Article 14 – paragraph 1 a (new) 1a. Before expiry of the withdrawal period, the consumer shall inform the trader of his decision to withdraw. For this purpose, the consumer may (a) either use the model withdrawal form as set out in Annex I(B) or make any other clearly worded statement on a durable medium, or b) return the goods to the trader. Member States shall not provide for any other formal requirements applicable to this model withdrawal form.
Amendment 889 #
Proposal for a directive Article 14 – paragraph 2 2. For distance contracts concluded on the Internet, the trader may, in addition to the possibilities referred to in paragraph 1, give the option to the consumer to electronically fill in and submit the standard withdrawal form on the trader's website. In that case the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay, in any case no later than one working day from submiting the withdrawal form.
Amendment 890 #
Proposal for a directive Article 14 – paragraph 2 2.
Amendment 891 #
Proposal for a directive Article 14 – paragraph 2 2. For distance contracts concluded on the Internet, if the trader
Amendment 892 #
Proposal for a directive Article 14 – paragraph 2 2. For distance contracts concluded on the Internet, the trader may, in addition to the possibilities referred to in paragraph 1, give the option to the consumer to electronically fill in and submit the standardised European withdrawal form on the trader's website. In that case the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay.
Amendment 893 #
Proposal for a directive Article 14 – paragraph 2 a (new) 2 a. A trader may accept notice of withdrawal by any other means in addition to the means described in (1) and (2). Where he does so, he shall acknowledge that notice in a durable medium.
Amendment 894 #
Proposal for a directive Article 15 – paragraph 1 a (new) 1a. The parties shall reimburse each other in full for the services each has rendered to the other as a consequence of the withdrawal. (This is a reference, in terms of legal effects, to the general effects of the withdrawal.)
Amendment 895 #
Proposal for a directive Article 16 – paragraph 1 Amendment 896 #
Proposal for a directive Article 16 – paragraph 1 1. The trader shall reimburse any payment received from the consumer without delay, and in any event within thirty days from the day on which he receives the communication of withdrawal. Reimbursement shall in principle be made by any means of payment. However, consumers who have exercised their right of withdrawal may, at the proposal of the trader, opt for a different method of reimbursement.
Amendment 897 #
Proposal for a directive Article 16 – paragraph 1 1. The trader shall reimburse
Amendment 898 #
Proposal for a directive Article 16 – paragraph 1 1. The trader shall reimburse any payment received from the consumer
Amendment 899 #
Proposal for a directive Article 16 – paragraph 1 1. The trader shall reimburse any payment, if applicable including the costs of delivery, received from the consumer with
Amendment 900 #
Proposal for a directive Article 16 – paragraph 1 1. The trader shall reimburse any payment
Amendment 901 #
Proposal for a directive Article 16 – paragraph 1 1. The trader shall
Amendment 902 #
Proposal for a directive Article 16 – paragraph 1 1. The trader shall reimburse a
Amendment 903 #
Proposal for a directive Article 16 – paragraph 1 1. The trader shall reimburse any payment received from the consumer with
Amendment 904 #
Proposal for a directive Article 16 – paragraph 1 1. The trader shall reimburse any payment
Amendment 905 #
Proposal for a directive Article 16 – paragraph 1 1. The trader shall reimburse any payment received from the consumer with
Amendment 906 #
Proposal for a directive Article 16 – paragraph 1 1. The trader shall reimburse any payment received from the consumer within
Amendment 907 #
Proposal for a directive Article 16 – paragraph 1 1. The trader shall reimburse a
Amendment 908 #
Proposal for a directive Article 16 – paragraph 1 a (new) 1a. The trader shall not be required to reimburse the cost of standard delivery of goods to the consumer. If the consumer has expressly opted for a type of delivery other than standard delivery, the trader shall not be required to reimburse the resulting additional costs.
Amendment 909 #
Proposal for a directive Article 16 – paragraph 1 a (new) 1a. For sales contracts for which the material possession of the goods has been transferred to the consumer or, at his request, to a third party before the expiration of the withdrawal period, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them, within fourteen days from the day on which he communicates his withdrawal to the trader, unless the trader has offered to collect the goods himself. The consumer shall only be charged for the direct cost of returning the goods and for any delivery charges to which the consumer has agreed and which arise from the consumer's desire for non- standard delivery of the items, unless the trader has agreed to bear that cost.
Amendment 910 #
Proposal for a directive Article 16 – paragraph 2 Amendment 911 #
Proposal for a directive Article 16 – paragraph 2 Amendment 912 #
Proposal for a directive Article 16 – paragraph 2 Amendment 913 #
Proposal for a directive Article 16 – paragraph 2 Amendment 914 #
Proposal for a directive Article 16 – paragraph 2 Amendment 915 #
Proposal for a directive Article 16 – paragraph 2 Amendment 916 #
Proposal for a directive Article 16 – paragraph 2 Amendment 917 #
Proposal for a directive Article 16 – paragraph 2 2. For
Amendment 918 #
Proposal for a directive Article 16 – paragraph 2 2. For sales contracts, the trader may withhold the reimbursement until he has received or collected the goods back, or the consumer has supplied evidence of having sent back the goods, whichever of the two is the earliest.
Amendment 919 #
Proposal for a directive Article 16 – paragraph 2 2. For
Amendment 920 #
Proposal for a directive Article 16 – paragraph 2 a (new) The trader shall be charged for the cost of returning the goods unless the consumer has agreed to bear that cost.
Amendment 921 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 1 For
Amendment 922 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 1 For sales contracts for which the material possession of the goods has been transferred to the consumer or at his request, to a third party before the expiration of the withdrawal period, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them, within seven days within the same country and fourteen days cross-border from the day on
Amendment 923 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 1 For sales contracts for which the material possession of the goods has been transferred to the consumer or at his request, to a third party before the expiration of the withdrawal period, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them, within fourteen days from the day on which he communicates his withdrawal to the trader
Amendment 924 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 1 For sales contracts for which the material possession of the goods has been transferred to the consumer or at his request, to a third party before the expiration of the withdrawal period, the
Amendment 925 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 1 For sales contracts for which the material possession of the goods has been transferred to the consumer or at his request, to a third party before the expiration of the withdrawal period, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them, or let the trader collect the goods himself when he has offered to do so, within fourteen days from the day on which he communicates his withdrawal to the trader
Amendment 926 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 1 For sales contracts for which the material possession of the goods has been transferred to the consumer or at his request, to a third party before the expiration of the withdrawal period, the
Amendment 927 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 1 a (new) During the withdrawal period the consumer who may possibly wish to exercise his right to withdraw shall have a duty of care in respect of the good. In this case, the consumer should only handle or try it in the same manner as he would be allowed to do in a shop and only to the extent necessary to determine its nature, qualities and functioning.
Amendment 928 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 2 Amendment 929 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 2 Amendment 930 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 2 The consumer shall only be charged for the direct cost of returning the goods
Amendment 931 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 2 The co
Amendment 932 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 2 The consumer shall only be charged for the direct cost of returning the goods
Amendment 933 #
Proposal for a directive Article 17 – paragraph 1 a (new) 1a. The costs of return of the good shall be borne by the trader if the price of the good to be returned is more than 20 €.
Amendment 934 #
Proposal for a directive Article 17 – paragraph 2 2. The consumer shall
Amendment 935 #
Proposal for a directive Article 17 – paragraph 2 2. The consumer shall
Amendment 936 #
Proposal for a directive Article 17 – paragraph 2 2. The consumer
Amendment 937 #
Proposal for a directive Article 17 – paragraph 2 2. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to
Amendment 938 #
Proposal for a directive Article 17 – paragraph 2 2. The consumer
Amendment 939 #
Proposal for a directive Article 17 – paragraph 2 2. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods
Amendment 940 #
Proposal for a directive Article 17 – paragraph 2 2. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with Article
Amendment 941 #
Proposal for a directive Article 17 – paragraph 2 2. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
Amendment 942 #
Proposal for a directive Article 17 – paragraph 2 2. The consumer shall only be liable for
Amendment 943 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2 a. The consumer shall not be liable for any diminished value of the goods where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b).
Amendment 944 #
Proposal for a directive Article 17 – paragraph 2 b (new) Amendment 945 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2a. For services contracts, the consumer is only liable for costs that incurred up to the point of withdrawal when he expressly requested the early performance of the contract. Such costs should be reasonable and proportionate to the service already provided.
Amendment 946 #
Proposal for a directive Article 17 – paragraph 2 b (new) 2b. Except as provided in this Article, the consumer does not incur any liability through the exercise of the right of withdrawal.
Amendment 947 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2a. For services contracts, the consumer is liable for any costs incurred up to the point of withdrawal only when he expressly requested the early performance of the contract. Such costs should be reasonable and proportionate to the extent of the service already provided up to the point of withdrawal.
Amendment 948 #
Proposal for a directive Article 17 – paragraph 2 b (new) 2b. Except as provided in this Article, the consumer does not incur any liability through the exercise of the right of withdrawal.
Amendment 949 #
Proposal for a directive Article 17 – paragraph 2 a (new) Amendment 950 #
Proposal for a directive Article 17 – paragraph 2b (new) 2b. Except as provided in this Article, the consumer does not incur any liability through the exercise of the right of withdrawal.
Amendment 951 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2a. Member States may not adopt or maintain rules which go beyond the provisions in this Article, including where they result in a higher or lower level of consumer protection.
Amendment 952 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2a. In relation to an off premises contract for the provision of services (including where goods are provided as part of the transaction), subject to a right of withdrawal where the trader has failed to provide information in accordance with Article 9(1)(b), (g) or failed to require a request from the consumer in accordance with Article10(2a), the consumer shall bear no cost for services performed or for goods provided as part of the transaction, in full or in part, during the withdrawal period.
Amendment 953 #
Proposal for a directive Article 17 – paragraph 2 b (new) 2b. Where the consumer exercises the right of withdrawal after having made a request in accordance with Article 10(2a), the consumer shall pay the trader a reasonable amount: (a) which shall not exceed an amount which is in proportion to the extent of the services provided until the time the consumer has informed the trader of the exercise of the right of withdrawn, in comparison with those required under the contract; (b) for any diminished value of any goods supplied in connection with the service performance in accordance with paragraph 2.
Amendment 954 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2a. For service contracts subject to a right of withdrawal, the consumer is liable for any costs incurred up to the point of withdrawal only when he expressly requested the performance of the contract before the end of the withdrawal period. Such costs should be reasonable and proportionate to the extent of the service already provided up to the point of withdrawal.
Amendment 955 #
Proposal for a directive Article 19 – paragraph 1 – introductory part 1. In respect of distance contracts
Amendment 956 #
Proposal for a directive Article 19 – paragraph 1 – introductory part 1. In respect of distance and off-premises contracts, the right of withdrawal shall not apply as regards the following:
Amendment 957 #
Proposal for a directive Article 19 – paragraph 1 – introductory part 1. In respect of distance contracts and off- premises contracts, the right of withdrawal shall not apply as regards the following:
Amendment 958 #
Proposal for a directive Article 19 – paragraph 1 – introductory part 1. In respect of distance contracts, the right of withdrawal shall not apply as regards the following
Amendment 959 #
Proposal for a directive Article 19 – paragraph 1 a (new) -1. Member States may maintain or introduce, in their national law, more stringent provisions than those laid down in this Article, in order to ensure a higher level of consumer protection.
Amendment 960 #
Proposal for a directive Article 19 – paragraph 1 – point a Amendment 961 #
Proposal for a directive Article 19 – paragraph 1 – point a Amendment 962 #
Proposal for a directive Article 19 – paragraph 1 – point a Amendment 963 #
Proposal for a directive Article 19 – paragraph 1 – point a Amendment 964 #
Proposal for a directive Article 19 – paragraph 1 – point a (a)
Amendment 965 #
Proposal for a directive Article 19 – paragraph 1 – point a Amendment 966 #
Proposal for a directive Article 19 – paragraph 1 – point a a) services where performance has begun
Amendment 967 #
Proposal for a directive Article 19 – paragraph 1 – point a (a) services where performance has begun, with the consumer's prior express consent, on a durable medium before the end of the
Amendment 968 #
Proposal for a directive Article 19 – paragraph 1 – point a (a) services where performance has begun, with the consumer's prior express consent
Amendment 969 #
Proposal for a directive Article 19 – paragraph 1 – point b Amendment 970 #
Proposal for a directive Article 19 – paragraph 1 – point b Amendment 971 #
Proposal for a directive Article 19 – paragraph 1 – point b (b) the supply of goods or services for which the price is dependent on fluctuations in the
Amendment 972 #
Proposal for a directive Article 19 – paragraph 1 – point c (c) the supply of goods made to the consumer's specifications or clearly personalized or
Amendment 973 #
Proposal for a directive Article 19 – paragraph 1 – point c (c) the supply of goods made to the
Amendment 974 #
Proposal for a directive Article 19 – paragraph 1 – point c (c)
Amendment 975 #
Proposal for a directive Article 19 – paragraph 1 – point c a (new) Amendment 976 #
Proposal for a directive Article 19 – paragraph 1 – point c a (new) (ca) services tailored to the consumer's personalised requirements or wishes and requiring the entrepreneur to make individual arrangements which he can make no other use of;
Amendment 977 #
Proposal for a directive Article 19 – paragraph 1 – point c a (new) (ca) the supply of foodstuffs, beverages or other hygienically sensitive goods whose packaging or sealing has already been opened by the consumer, after having previously been informed about the exclusion of the right of withdrawal;
Amendment 978 #
Proposal for a directive Article 19 – paragraph 1 – point c b (new) (cb) contracts which, in accordance with the provisions of the Member States, are certified by a public office-holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope;
Amendment 979 #
Proposal for a directive Article 19 – paragraph 1 – point c a (new) (ca) the supply of foodstuffs, beverages or other hygienically sensitive goods whose packaging or sealing has already been opened by the consumer and the supply of products which might pose a health risk if returned within the fourteen-day right of withdrawal period;
Amendment 980 #
Proposal for a directive Article 19 – paragraph 1 – point c a (new) (ca) where goods are supplied which, due to intervention by the consumer, are no longer marketable and which the trader cannot sell again or can only sell again at a substantial discount, particularly due to their having been combined or mixed with other substances or on grounds of the protection of health or hygiene;
Amendment 981 #
Proposal for a directive Article 19 – paragraph 1 – point c b (new) (cb) contracts for which the consumer, in order to respond to an immediate emergency, has requested the immediate performance of the contract by the trader; if, on this occasion, the trader provides or sells additional services or goods other than those which are strictly necessary to meet the immediate emergency of the consumer, the right of withdrawal shall apply to those additional services or goods;
Amendment 982 #
Proposal for a directive Article 19 – paragraph 1 – point c – paragraph 1a (new) 1a. services tailored to the consumer's personalised requirements or wishes and requiring the entrepreneur to make individual arrangements which he can make no other use of;
Amendment 983 #
Proposal for a directive Article 19 – paragraph 1 – point c c (new) (cc) services tailored to the consumer's personalised requirements or wishes and requiring the supplier to make individual arrangements which he can make no other use of;
Amendment 984 #
Proposal for a directive Article 19 – paragraph 1 – point c a (new) ca) the supply of foodstuffs, beverages and other hygienically sensitive goods, or goods that may create a sanitary risk if returned within the withdrawal period;
Amendment 985 #
Proposal for a directive Article 19 – paragraph 1 – point d Amendment 986 #
Proposal for a directive Article 19 – paragraph 1 – point d Amendment 987 #
Proposal for a directive Article 19 – paragraph 1 – point d Amendment 988 #
Proposal for a directive Article 19 – paragraph 1 – point d (d) the supply of
Amendment 989 #
Proposal for a directive Article 19 – paragraph 1 – point d (d) the supply of wine and other alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place beyond the time-limit referred to in Article 22(1) and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;
Amendment 990 #
Proposal for a directive Article 19 – paragraph 1 – point d (d)
Amendment 991 #
Proposal for a directive Article 19 – paragraph 1 – point e Amendment 992 #
Proposal for a directive Article 19 – paragraph 1 – point e Amendment 993 #
Proposal for a directive Article 19 – paragraph 1 – point e Amendment 994 #
Proposal for a directive Article 19 – paragraph 1 – point e (e) the supply of sealed audio or video recordings or computer software which were unsealed by the consumer unless, on unsealing the goods, the consumer ascertains non-conformity under the provisions of Article 17(2);
Amendment 995 #
Proposal for a directive Article 19 – paragraph 1 – point e (e) the supply of sealed audio or video recordings or computer software which were unsealed by the consumer, unless the product received by the consumer differs from the product that had been ordered;
Amendment 996 #
Proposal for a directive Article 19 – paragraph 1 – point f Amendment 997 #
Proposal for a directive Article 19 – paragraph 1 – point f Amendment 998 #
Proposal for a directive Article 19 – paragraph 1 – point f (f) the supply of newspapers, periodicals and magazines unless the contract was concluded by telephone;
Amendment 999 #
Proposal for a directive Article 19 – paragraph 1 – point f (f) (f) the supply of newspapers, periodicals and magazines with the exception of subscription contracts;
source: PE-450.954
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