17 Amendments of Constance LE GRIP related to 2015/0288(COD)
Amendment 41 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain aspects concerning contracts for the online and other distance sales of goodssale of goods and repealing Directive 1999/44/EC (Text with EEA relevance)
Amendment 65 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive covers rules applicable to the online and other distance sales of goods only in relation to key contract elements needed to overcome contract-law -related barriers in the Digital Ssingle Mmarket. For this purpose, rules on conformity requirements, remedies available to consumers for lack of conformity of the goods with the contract and modalities for their exercise should be fully harmonised and the level of consumer protection as compared to Directive 1999/44/EC, should be increased.
Amendment 68 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Although a lack of conformity can be present when the sale is concluded, sometimes it only becomes apparent at a later stage. Some Member States have legislation in place to protect consumers in such situations, for example by means of guarantees that are binding upon sellers. Although, where they exist, such mechanisms are seldom used in practice, this Directive should not affect the possibility for Member States to introduce or maintain any rules imposing liability on sellers in order to protect consumers if there are hidden defects in the goods they purchase.
Amendment 118 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down certain requirements concerning distance sales contracts concluded between the seller and the consumer, in particular rules on conformity of goods, remedies in case of non- conformity and the modalities for the exercise of these remedies.
Amendment 121 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not apply to distance contracts for the provision of services. However, in case of sales contracts providing both for the sale of goods and the provision of services, this Directive shall apply to the part relating to the sale of goods.
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall not apply to any durable medium incorporating digital content where the durable medium has been used exclusively as a carrier for the supply of the digital content to the consumergoods in which digital content is embedded unless the supplier proves that the lack of conformity with the contract lies in the hardware of the goods.
Amendment 127 #
Proposal for a directive
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. This Directive shall not affect the possibility for Member States to introduce or maintain rules that offer consumers a legal guarantee against hidden defects, the duration of which would begin on the date on which the defect is discovered.
Amendment 132 #
Proposal for a directive
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) ‘embedded digital content’ means pre-installed digital content which operates as an integral part of the goods and cannot easily be de-installed by the consumer or which is necessary for the conformity of the goods with the contract;
Amendment 135 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
Amendment 150 #
Proposal for a directive
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) possess qualities and performance capabilities which are normal in goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions, including the producer, unless the seller shows that:
Amendment 157 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
At the time relevant for establishing the conformity with the contract as determined by Article 8, the goods must be free fromshall not violate any right of a third party, including based on intellectual property, so that the goods can be used in accordance with the contract.
Amendment 171 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the consumer had installed the goods in a manner consistent with their nature and purpose, before the lack of conformity with the contract became apparent, the seller may comply with the obligation to take back the replaced goods shall include the, either by removal ofing the non-conforming goods and the installation ofing replacement goods, or by bearing the costs thereof.
Amendment 189 #
Proposal for a directive
Article 13 – paragraph 3 – point a
Article 13 – paragraph 3 – point a
(a) the seller shall reimburse to the consumer the price paid without undue delay and in any event not later than 14 days from receipt of the notice and shall bear theany cost ofs associated with the reimbursement;
Amendment 199 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Information on the lifespan of certain goods 1. Producers of energy-related products as defined in Article 2(1) of Directive 2009/125/EC shall inform their customers of the minimum lifespan of their products if used for the purposes intended. 2. Before concluding the contract of sale, sellers shall inform consumers of the lifespan referred to in paragraph 1 and clearly indicate whether they intend to offer consumers a commercial guarantee for that lifespan. 3. Paragraphs 1 and 2 shall not apply where the lifespan referred to in paragraph 1 is shorter than the minimum time limit provided for in Article 14.
Amendment 208 #
Proposal for a directive
Article 19 – title
Article 19 – title
Amendments to Directive 1999/44/EC, Regulation (EC) No 2006/2004 and Directive 2009/22/EC
Amendment 209 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Directive 1999/44/EC
Article 1
Article 1
Amendment 210 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Repeal of Directive 1999/44/EC Directive 1999/44/EC shall be repealed as of the date referred to in Article 20(1).