BETA

46 Amendments of Virginie ROZIÈRE related to 2018/0090(COD)

Amendment 64 #
Proposal for a directive
Recital 7
(7) Furthermore, any fines imposed as penalties should take into account the total worldwide annual turnover and profits of the infringing trader and any fines that have been imposed on the trader in other Member States for the same infringement in, particular, in the context of the widespread infringements of consumer law and widespread infringements with a Union dimension that are subject to coordinated investigation and enforcement in accordance with Regulation (EU) 2017/2394.
2018/10/01
Committee: IMCO
Amendment 73 #
Proposal for a directive
Recital 9
(9) To ensure that Member State authorities can impose effective, proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a Union dimension that are subject to coordinated investigation and enforcement in accordance with Regulation (EU) 2017/2394, fines should be introduced as a mandatory element of penalties for such infringements. In order to ensure deterrence of the fines, Member States should set in their national law the maximum fine for such infringements at a level that is at least 4% of the trader's annual turnover in the Member State concernedtotal worldwide annual turnover.
2018/10/01
Committee: IMCO
Amendment 80 #
Proposal for a directive
Recital 10
(10) Where, as a result of the coordination mechanism under Regulation (EU) 2017/2394, a single national competent authority within the meaning of that Regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a Union dimension, it should be able to impose a fine of at least 4 % of the trader’s annual turnover in all Member States concerned by the coordinated enforcement actiontotal worldwide annual turnover.
2018/10/01
Committee: IMCO
Amendment 82 #
Proposal for a directive
Recital 11
(11) Member States should not be prevented from maintaining or introducing in their national law higher maximum turnover-based fines or fixed maximum fines for widespread infringements and widespread infringements with a Union dimension of consumer law, as defined in Regulation EU 2017/2394. The requirement to set the fine at a level of not less than 4 % of the trader's turnover should not apply to any additional rules of the Member States on periodic penalty payments, such as daily fines, for non- compliance with any decision, order, interim measure, trader's commitment or other measure with the aim of stopping the infringement.
2018/10/01
Committee: IMCO
Amendment 91 #
Proposal for a directive
Recital 15
(15) Member States should ensure that remedies are available for consumers harmed by unfair commercial practices in order to eliminate all the effects of those unfair practices. In order to meet that objective, Member States should make both contractual and non-contractual remedies available in their national law. As a minimum, the contractual remedies provided by the Member States should include the right to contract termination, the right to compensation for damages and the right to price reduction. Non- contractual remedies provided under national law should, as a minimum, include the right to compensation for damages. Member States would not be prevented from maintaining or introducing rights to additional remedies for consumers harmed by unfair commercial practices in order to ensure full removal of the effects of such practices.
2018/10/01
Committee: IMCO
Amendment 92 #
Proposal for a directive
Recital 15
(15) Member States should ensure that remedies are available for consumers harmed by unfair commercial practices in order to eliminate all the effects of those unfair practices. In order to meet that objective, Member States should make both contractual and non-contractual remedies available. As a minimum, the contractual remedies provided by the Member States should include the right to contract termination and the right to price reduction. Non-contractual remedies provided under national law should, as a minimum, include the right to compensation for damages. Member States would not be prevented from maintaining or introducing rights to additional remedies for consumers harmed by unfair commercial practices in order to ensure full removal of the effects of such practices.
2018/10/01
Committee: IMCO
Amendment 97 #
Proposal for a directive
Recital 16
(16) The Fitness Check of consumer and marketing law directives and the parallel evaluation of Directive 2011/83/EU also identified a number of areas where the existing consumer protection rules should be modernised and disproportionate burden on traders reduced.deleted
2018/10/01
Committee: IMCO
Amendment 100 #
Proposal for a directive
Recital 18
(18) Online marketplaces should be defined for the purposes of Directive 2011/83/EU in a similar manner as in Regulation (EU) 524/201342 and Directive 2016/1148/EU43. However, as the definition should be updated and rendered more technologically neutral in order to cover new technologies. It is therefore appropriate to refer, instead of a 'website', to the noterm platform is too wide in order to be used for describing the scope of this Directive, the definition of an 'online interface' as provided by Regulation (EU) 2018/30244marketplaces should aim at being as inclusive as possible. __________________ 42 Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) (OJ L 165, 18.6.2013, p. 1). 43 Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1). 44 Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (OJ L 60 I, 2.3.2018, p. 1).
2018/10/01
Committee: IMCO
Amendment 106 #
Proposal for a directive
Recital 19
(19) Specific transparency requirements for online marketplaces should therefore be provided in Directive 2011/83/EU to inform consumers using online marketplaces about the main parameters determining ranking of offers, whether they enter into a contract with a trader or a non-trader (such as another consumer), whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply. This information should be provided in a clear and comprehensible manner and not only through a reference in the standard Terms and Conditions or similar contractual document. The information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces. Online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non- applicability. The information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders. Online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract, for example, delivery or the exercise of the right of withdrawal. The obligation to provide information about the main parameters determining ranking of search results and their relative importance is without prejudice to any trade secrets regarding the underlying algorithms. This information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query.
2018/10/01
Committee: IMCO
Amendment 140 #
Proposal for a directive
Recital 33
(33) Directive 2011/83/EU provides fully harmonised rules regarding the right of withdrawal from distance and off- premises contracts. In this context, two concrete obligations have been shown to constitute disproportionate burdens on traders and should be deleted.
2018/10/01
Committee: IMCO
Amendment 151 #
Proposal for a directive
Recital 34
(34) The first relates to the consumer right to withdraw from sales contracts concluded at a distance or off-premises even after using goods more than necessary to establish their nature, characteristics and functioning. According to Article 14(2) of Directive 2011/83/EU, a consumer is still able to withdraw from the online/off-premises purchase even if he or she has used the good more than allowed; however, in such a case, the consumer can be held liable for any diminished value of the good.deleted
2018/10/01
Committee: IMCO
Amendment 159 #
Proposal for a directive
Recital 35
(35) The obligation to accept the return of such goods creates difficulties for traders who are required to assess the ‘diminished value’ of the returned goods and to resell them as second-hand goods or to discard them. It distorts the balance between a high level of consumer protection and the competitiveness of enterprises pursued by Directive 2011/83/EU. The right for consumers to return goods in such situations should therefore be deleted. Annex I of Directive 2011/83/EU 'Information concerning the exercise of the right of withdrawal' should also be adjusted in accordance with this amendment.deleted
2018/10/01
Committee: IMCO
Amendment 167 #
Proposal for a directive
Recital 36
(36) The second obligation concerns Article 13 of Directive 2011/83/EU, according to which traders can withhold the reimbursement until they have received the goods back, or until the consumer has supplied evidence of having sent them back, whichever is the earliest. The latter option may, in some circumstances, effectively require traders to reimburse consumers before having received back the returned goods and having had the possibility to inspect them. It distorts the balance between a high level of consumer protection and the competitiveness of enterprises pursued by Directive 2011/83/EU. Therefore, the obligation for traders to reimburse the consumer on the mere basis of the proof that the goods have been sent back to the trader should be deleted. Annex I of Directive 2011/83/EU 'Information concerning the exercise of the right of withdrawal' should also be adjusted in accordance with this amendment.deleted
2018/10/01
Committee: IMCO
Amendment 185 #
Proposal for a directive
Recital 43
(43) However, the enforcement experience has shown that it may be unclear to consumers, traders and national competent authorities which commercial practices could be contrary to the Directive 2005/29/EC in the absence of an explicit provision. Therefore, Directive 2005/29/EC should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical to the same product marketed in several other Member Statesseemingly identical or similar to the another product marketed, where those products have significantly different composition or characteristics. Competent authorities should assess and address on a case by case basis such practices according to the provisions of the Directive. In undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers,. When assessing a trader's right to adapt products of the same brand forto different geographical markets due to, taking into account legitimate factors, such as availability or seasonality of raw materials, defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as , the competent authority should examine whether traders' right to offer products of the same brand in packages of different weight or volume in different geographical marketshe consumer has been sufficiently, clearly and comprehensibly informed by the trader about such changes so that the difference is apparent at one glance.
2018/10/01
Committee: IMCO
Amendment 208 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
(c) Aany marketing of a product as beof seemingly identical to the same product marketed in several other Member Statesappearance to another product, which is marketed with the same or similar trademark or designation, while those products have significantly different composition or characteristics;
2018/10/01
Committee: IMCO
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2005/0029/EC
Article 7 – paragraph 4 – point f (new)
(3a) In Article 7(4), the following point is added: “(f) in the case of ranking of offers presented to the consumer as result of his search query, the main ranking parameters and the preferential treatment of certain offers;”
2018/10/01
Committee: IMCO
Amendment 236 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2005/29/EC
Article 11 a – paragraph 2
2. Contractual remedies shall include, as a minimum, the possibility for the consumer to unilaterally terminate the contract, obtain compensation for damages or price reduction.
2018/10/01
Committee: IMCO
Amendment 264 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at least 4 % of the trader's annual turnover in the Member State or Member States concernedtotal worldwide annual turnover.
2018/10/01
Committee: IMCO
Amendment 282 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex 1 – point 23 a (new)
(6a) In Annex I, the following point is inserted: “23a. Creating the false impression that a review of a product or a service was submitted by a consumer who used the product or service.”
2018/10/01
Committee: IMCO
Amendment 283 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex I – point 23 a (new)
(6a) In Annex I, the following point is inserted: “23a. Using different techniques that allow buying event tickets at large scale, including through automated software, to resell event tickets for more than their face value.”
2018/10/01
Committee: IMCO
Amendment 288 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Directive 2005/29/EC
Annex I – point 23 b (new)
(6b) In Annex I, the following point is inserted: “23b. The organised re-sale of event tickets where restrictions – including restrictions set out in terms and conditions – imposed by event organisers or primary event ticket sellers do not allow the resale of tickets or restrict the resale of event tickets in a way that can render the function of the event ticket of granting access to events ineffective.”
2018/10/01
Committee: IMCO
Amendment 296 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a a (new)
Directive 2011/83/EU
Article 2 – paragraph 1 – point 5
(aa) Point (5) is replaced by the following: “(5) ‘sales contract’ means any contract under whichwhere the trader transfers or undertakes to transfer the ownership of a goods to the consumer and the consumer pays or undertakes to pay thea price thereof, including any contract having asor the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer its object both goods and services; exclusively processed by the trader to comply with legal requirements to which the trader is subject, and the trader does not process this data for any other purpose.” Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32011L0083&qid=1537797342987&from=EN)
2018/10/01
Committee: IMCO
Amendment 298 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c a (new)
(ca) point 15 is replaced by the following: “(15) ‘ancillary contract’ means a contract by which the consumer acquires goods or services related to a distance contract or an off-premises contract and where those goods are supplied or those services are provided by the trader or by a third party on the basis of an arrangement between that third party and the trader. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011L0083&from=DE).” Or. en
2018/10/01
Committee: IMCO
Amendment 307 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 19
(19) ‘online marketplace’ means a service providernatural or legal person offering, on a professional basis, whether for remuneration or not, an online public communication service which allows consumers to conclude online contracts with traders and consumers on the online marketplace’s online interface the functioning of which is based on the classification or referencing, by means of computer algorithms, of content, goods or services offered or posted by third parties, or the bringing together of several parties for the purpose of selling goods, providing services or the sharing of content, goods or services;
2018/10/01
Committee: IMCO
Amendment 316 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Directive 2011/83/EU
Article 5 – paragraph 1 – point h
(h) where applicable, any relevant interoperability of digital content and digital services, including where those are embedded in goods, and digital services with hardware and software that the trader is aware of or can reasonably be expected to have been aware of.
2018/10/01
Committee: IMCO
Amendment 322 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Directive 2011/83/EU
Article 6 – paragraph 1 – point c
(c) the geographical address at which the trader is established as well as the trader’s telephone number, e-mail address orand, if available, other means of online communication which guarantee that the consumer can keep the correspondence with the trader on a durable medium, to enable the consumer to contact the trader quickly and communicate with him efficiently. Where applicable, the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting.
2018/10/01
Committee: IMCO
Amendment 327 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – Title
Additional information requirements and liability rules for contracts concluded on online marketplaces
2018/10/01
Committee: IMCO
Amendment 338 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point a
(a) the main parameters determining ranking of offers and their relative importance presented to the consumer as result of his search query on the online marketplace;
2018/10/01
Committee: IMCO
Amendment 344 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point a a (new)
(aa) whether consumers’ reviews have been subject to a control of their reliability and, if so, the main characteristics of such control;
2018/10/01
Committee: IMCO
Amendment 356 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point d a (new)
(da) whether and how algorithms or automated decision making were used, to present offers or determine prices, including personalised pricing techniques.
2018/10/01
Committee: IMCO
Amendment 362 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point d b (new)
(db) whether and how algorithms or automated decision making were used, to present offers or determine prices, including personalised pricing techniques.
2018/10/01
Committee: IMCO
Amendment 364 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 a (new)
Member States may maintain or introduce in their national law additional information requirements.
2018/10/01
Committee: IMCO
Amendment 366 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 b (new)
The operator of an online marketplace shall be liable for damages arising from the failure to provide the consumer with the information set out in this Article and Articles 6 and 6b.
2018/10/01
Committee: IMCO
Amendment 368 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 c (new)
The operator of an online marketplace shall be liable for damages arising from the failure to take reasonable steps to remove misleading information or made this information inaccessible after having received a notification of misleading information presented by users.
2018/10/01
Committee: IMCO
Amendment 369 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 d (new)
Where the online marketplace has control or predominant influence over the supplier, the consumer can exercise the rights and remedies available under the supplier-consumer contract also against the operator of the online marketplace. For the assessment of whether the online marketplace has that control or a predominant influence, objective and subjective elements shall be taken into account. Relevant criteria shall include, the actual degree of control of the online marketplace over payments and supplier- consumer contracts, marketing activities, information provided by the online marketplace operators, included information contained in terms and conditions, the economic interest of the online marketplace in the transaction, the presentation of the online marketplace to the consumer, or the information of the online marketplace about the identity of the seller or the product or supplier of the service.
2018/10/01
Committee: IMCO
Amendment 370 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 e (new)
The operator of an online marketplace shall be liable for damages occurred to the consumer due to misleading statements made by the operator about suppliers or products offered by suppliers.
2018/10/01
Committee: IMCO
Amendment 371 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Directive 2011/83/EU
Article 6 b (new)
(4a) The following Article is inserted: “Article 6b Reputational feedback systems 1. An online marketplace operator, who provides a reputational feedback system must provide information about the modalities of collection, processing and publication of ratings and reviews. 2. The reputational feedback system must comply with standards of professional diligence. 3. A reputational feedback system is presumed to comply with standards of professional diligence in the following cases: (a) if the operator of the online marketplace claims that that reviews originate from real customers it has to take reasonable and proportionate steps to verify that reviews are based on a confirmed transaction. (b) if a review has been solicited in exchange for any benefit, this must be indicated. (c) if a review is rejected, the reviewer must be informed without undue delay about the rejection and the reasons for such rejection. (d) reviews must be published without undue delay. (e) the order in which reviews are presented by default must not be misleading. Users of the online marketplace must be able to view reviews in chronological order. (f) if the reputational feedback system excludes older reviews, this must be indicated to the users of the online marketplace. The exclusion period must be reasonable but not shorter than 12 months. (g) if reviews are consolidated into an overall rating, the total number of reviews on which the rating is based must be indicated. (h) the operator of the online marketplace must provide a free-of- charge complaint mechanism which allows a user of the online marketplace to submit a reasoned notification if it has doubts regarding the authenticity of a review. 4. Upon termination by the online marketplace operator or the online marketplace consumer, the operator must provide a facility for existing reviews to be transferred to a different reputational feedback system in a structured, commonly used and machine-readable format.”
2018/10/01
Committee: IMCO
Amendment 383 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Directive 2011/83/EU
Article 9 – paragraph 4 (new)
(6a) In Article 9, the following paragraph is added: “4. Where a distance contract falling under point (a) or (c) of paragraph 1 is to be concluded by telephone, the right of withdrawal expires after 14 days from the receipt of the confirmation by the consumer as required under Article 8 paragraph 7.”
2018/10/01
Committee: IMCO
Amendment 387 #
Proposal for a directive
Article 2 – paragraph 1 – point 7 – point a
Directive 2011/83/EU
Article 13 – paragraph 3
(a) paragraph 3 is replaced by the following: “3. collect the goods himself, with regard to sales contracts, the trader may withhold the reimbursement until he has received the goods back.”deleted Unless the trader has offered to
2018/10/01
Committee: IMCO
Amendment 393 #
Proposal for a directive
Article 2 – paragraph 1 – point 7 – point a
Directive 2011/83/EU
Article 13 – paragraph 3
(a) paragraph 3 is replaced by the following: “3. collect the goods himself, with regard to sales contracts, the trader may withhold the reimbursement until he has received the goods back.”deleted Unless the trader has offered to
2018/10/01
Committee: IMCO
Amendment 416 #
Proposal for a directive
Article 2 – paragraph 1 – point 9 – point 3
Directive 2011/83/EU
Article 16 – paragraph 1 – point n
(3) the following point is added: “(n) the supply of goods that the consumer has handled, during the right of withdrawal period, other than what is necessary to establish the nature, characteristics and functioning of the goods.”deleted
2018/10/01
Committee: IMCO
Amendment 421 #
Proposal for a directive
Article 2 – paragraph 1 – point 9 a (new)
Directive 2011/83/EU
Article 23 a (new)
(9a) “The following Article is inserted: “Article 23a Redress Member States shall in addition to their obligations under Article 23 lay down in their national law that the contract shall not be binding on the consumer when the trader has not complied with the information requirements set out under this Directive.”
2018/10/01
Committee: IMCO
Amendment 435 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Directive 2011/83/EU
Article 24 – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at least 4% of the trader’s annual turnover in the Member State or Member States concernedworldwide turnover.
2018/10/01
Committee: IMCO
Amendment 444 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point 1 – point c
Directive 2011/83/EU
Annex I – part A – Instructions for completion – point 4
(c) point 4 under “Instructions for completion” is replaced by the following: “[4.] In the case of sales contracts in which you have not offered to collect the goods in the event of withdrawal insert the following: ‘We may withhold reimbursement until we have received the goods back.’.”deleted
2018/10/01
Committee: IMCO
Amendment 449 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point 1 – point d
Directive 2011/83/EU
Annex I – part A – Instructions for completion – point 5 – point c
(d) Subpoint (c) of point 5 under “Instructions for completion” is deleted.
2018/10/01
Committee: IMCO
Amendment 482 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Directive 1998/06/EC
Article 8 – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at least 4 % of the trader’s annual turnover in the Member State or Member States concernedworldwide turnover.
2018/10/01
Committee: IMCO