34 Amendments of Constance LE GRIP related to 2008/0196(COD)
Amendment 245 #
Proposal for a directive
Recital 11
Recital 11
(11) The existing CommunityUnion legislation on consumer financial services contains numerous rules on consumer protection. For this reason the provisions of this Directive cover contracts relating to financial services only insofar as this is necessary to fill the regulatory gapsvarious special contracts or sectors, such as financial services and package travel, contains numerous rules on consumer protection. For this reason this Directive shall apply to those sectors without prejudice to the provisions of existing Union legislation.
Amendment 257 #
Proposal for a directive
Recital 11 k (new)
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 276 #
Proposal for a directive
Recital 14
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, i, after an unsolicited visit by the trader. 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, according to the provisions of the Member States, are authenticated by a public official are not considered as off-premises contracts nor as distance contracts within the meaning of this directive.
Amendment 401 #
Proposal for a directive
Article 1 a (new)
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 456 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – introductory part
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 464 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) any sales or service contractwhich is concluded away from business premises with the simultaneous physical presence of the trader and the consumer or any sales or service, unless the consumer himself has established the business contract for which an offer was made by the consumer with the trader or his agent for the purpose of concluding the same circumstancescontract, or
Amendment 474 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 –point b
Article 2 – paragraph 1 – point 8 –point b
(b) any sales or service contractwhich is concluded on business premises but negotiatwhose main components have been determined away from business premises, with the simultaneous physical presence of the trader and the consumer. This excludes contracts which, according to the provisions of the Member States, are authenticated by a public official.
Amendment 532 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
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 534 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
Amendment 557 #
Proposal for a directive
Chapter 2 – title
Chapter 2 – title
Consumer information and withdrawal right for distance and off-premises contracts
Amendment 566 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Prior to the conclusion of any sales or serviceIn good time and at all events prior to the conclusion of the distance or off- premises contract, the trader shall providecommunicate to the consumer with the following information, if not already apparent from the contextn a clear and intelligible manner:
Amendment 582 #
Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
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 691 #
Proposal for a directive
Article 6 – paragraph 2
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 lawfor effective remedies for any breach of Article 5.
Amendment 751 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. An off-premises contract shall only be valid if the consumer signs an order form and in cases where the order form is not on paper, receives a copy of theis order form on another durable medium of his choice.
Amendment 779 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
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 789 #
Proposal for a directive
Article 11 – paragraph 2
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 and the commercial purpose of the call at the beginning of the conversation with the consumer- and, where applicable the identity of the person on whose behalf he is making the call - and the commercial purpose of the call at the beginning of the conversation with the consumer. The trader shall send the consumer a confirmation of his offer in writing or on a durable medium. The consumer shall not be bound by the contract unless or until he has signed it.
Amendment 790 #
Proposal for a directive
Article 11 – paragraph 2
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 807 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The consumer shall receive confirmation of all the information referred to in Article 95(a) to (fj), 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, unless the information has already been given to the consumer prior to the conclusion of any distance contract on a durable medium.
Amendment 810 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
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 812 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
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)
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 825 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The consumer shall have a period of fourteen days to withdraw from a distance or off-premises contract, without giving any reasonUnless otherwise provided by this Directive, the consumer shall have a withdrawal period which shall expire after fourteen days from the day of the conclusion of the contract.
Amendment 834 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Amendment 839 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
Amendment 846 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 3
Article 12 – paragraph 2 – subparagraph 3
Amendment 853 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
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 860 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. TIn the case of distance contracts, the Member States shallmay not prohibit the parties from performing their obligations under the contract during the withdrawal periodas 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 880 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
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 drafted in his own words or using the standard withdrawal form as set out in Annex I(B).
Amendment 903 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The trader shall reimburse any payment received from the consumer within thirtyout delay and not later than fifteen days from the day on which he receives the communication of withdrawalnotification of withdrawal. Reimbursement shall be made by any means of payment. However, at the proposal of the trader, consumers who have exercised their right of withdrawal may opt for a different method of reimbursement.
Amendment 1054 #
Proposal for a directive
Article 20 a (new)
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 1097 #
Proposal for a directive
Article 22 – paragraph 2
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 within seven days from the date of delivery provided for in paragraph 1delivery does not take place within seven days of the established delivery date, as indicated in paragraph 1, the consumer shall be entitled to rescind the contract and claim a refund of any sums paid under the contract. The contract shall be deemed to be terminated on the date the trader receives a letter from the consumer informing him of his decision, if the delivery has not taken place in the meantime. The trader shall be required to reimburse all sums paid under the contract as soon as possible, and no more than seven days after receiving the letter rescinding the contract.
Amendment 1120 #
Proposal for a directive
Article 23 – paragraph 1
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, on delivery. In the case of off-premises contracts, this provision shall not apply to the period referred to in Article 12(4), during which the contract is not enforceable.
Amendment 1424 #
Proposal for a directive
Article 30 – paragraph 1 c (new)
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 1433 #
Proposal for a directive
Article 30 – paragraph 3 a (new)
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.