[ParlTrack]

Proposal for a directive
Article 3 – paragraph 1

Member States ~~shall not~~may maintain or introduce provisions that diverg~~ing~~e from those laid down in this Directive ~~including more or less stringent provisions~~ to ensure a ~~different~~higher level of consumer protection.

2017/03/07
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Article 9 – paragraph 5

~~5. The consumer shall not be entitled to a remedy to the extent that the consumer has contributed to the lack of conformity with the contract or its effects.~~deleted

2017/03/07
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Title

Amended proposal for a Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain aspects concerning contracts for the sales of goods on line and any other distance selling thereof, amending Regulation (EC) No 2006/2004 of the European Parliament and of the Council and Directive ~~2009/22/EC of the European Parliament and of the Council and repealing Directive 1999/44~~s 1999/44/EC and 2009/22/EC of the European Parliament and of the Council

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 1

1.(1) In order to remain competitive on global markets, the Union ~~need~~wishes to improve the functioning of the internal market and successfully answer the multiple challenges raised today by an increasingly technologically-driven economy. The Digital Single Market Strategy45 lays down a comprehensive framework facilitating the integration of the digital dimension into the internal market. The first pillar of the Strategy tackles fragmentation in intra-EU trade by approaching all major obstacles to the development of cross-border e-commerce, which constitutes the most significant part of cross-border business-to-consumer sales of goods. _______________ 45 COM(2015) 192 final. COM(2015) 192 final.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 2

2.(2) For the ~~good functioning of the internal~~achievement of a genuine digital single market, the harmonisation of certain aspects concerning contracts for sales of goods, taking as a base a high level of consumer protection, is necessary.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 3

3.(3) E-commerce is one of the ~~the~~ main drivers for growth within the ~~internal m~~Digital Single Market. However its growth potential is far from being fully exploited. In order to strengthen Union competitiveness and to boost growth, the Union needs to act swiftly and encourage economic actors to unleash the full potential offered by the ~~internal m~~Digital Single Market. The full potential of the ~~internal m~~Digital Single Market can only be unleashed if all market participants enjoy smooth access to online cross-border sales of goods~~, including~~ and are able to confidently engage in e-commerce transactions. The contract law rules on the basis of which market participants conclude transactions are among the key factors shaping business’ decisions whether to offer goods cross- border on line. Those rules also influence consumers’ willingness to embrace and trust this type of purchase.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 4

4.(4) The Union rules applicable to the sales of goods on line and other distance selling thereof are still fragmented although rules on pre-contractual information requirements, the right of withdrawal for distance contracts and delivery conditions have already been fully harmonised. Other key contractual elements such as the conformity criteria, the remedies and modalities for their exercise for goods which do not conform to the contract are currently subject to minimum harmonisation in Directive 1999/44/EC of the European Parliament and of the Council46. Member States have been allowed to go beyond the Union standards and introduce rules that ensure even higher level of consumer protection. Having done so, they have acted on different elements and to different extents. Thus, national provisions transposing Directive 1999/44/EC significantly diverge today on essential elements , such as the absence or existence of a hierarchy of remedies, the period of the legal guarantee, the period of the reversal of the burden of proof, or the notification of the defect to the seller. _______________ 46 Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees, OJ L 171, 7.7.1999, p.12.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 5

5.(5) Existing disparities may adversely affect businesses and consumers. Pursuant to Regulation (EC) No 593/2008 of the European Parliament and of the Council47, businesses directing activities to consumers in other Member States need to take account of the mandatory consumer contract law rules of the consumer’s country of habitual residence. As these rules differ among Member States, businesses may be faced with additional costs. Consequently many businesses may prefer to continue trading domestically or only export to one or two Member States. That choice of minimising exposure to costs and risks associated with cross-border ~~trad~~e-commerce results in lost opportunities of commercial expansion and economies of scale. Small and medium enterprises are in particular affected. _______________ 47 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I),OJ L177, 4.7.2008, p.6.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 6

6.(6) While consumers enjoy a high level of protection when they purchase online or otherwise at a distance from abroad as a result of the application of Regulation (EC) No 593/2008, fragmentation also impacts negatively on consumers’ levels of confidence in ~~cross- border transactions~~e-commerce. While several factors contribute to this mistrust, uncertainty about key contractual rights ranks prominently among consumers’ concerns. This uncertainty exists independently of whether or not consumers are protected by the mandatory consumer contract law provisions of their own Member State in the case where a seller directs his cross- border activities to them or whether or not consumers conclude cross-border contracts with a seller without the respective seller pursuing commercial activities in the consumer's Member State.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 7

7. While online sales of goods constitute the vast majority of cross- border sales in the Union, differences in national contract laws equally affect retailers using distance sales channels and retailers selling face-to-face and prevent them from expanding across borders. This Directive should cover all sales channels, in order to create a level playing field for all businesses selling goods to consumers. By laying down uniform rules across sales channels, this Directive should avoid any divergence that would create disproportionate burdens for the growing number of omni- channel retailers in the Union. The need for retaining consistent rules on sales and guarantees for all sales channels was confirmed in the Fitness Check of EU consumer and marketing law, which also covered Directive 1999/44/EC48. _______________ 48Commission SWD(2017) 208 final, Report of the Fitness Check on Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’); Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts; Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers; Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees; Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests; Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.deleted Staff Working Document

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 8

8.(8) In order to remedy those problems ~~due to the fragmentation of national rules~~, businesses and consumers should be able to rely on a set of ~~fully~~ harmonised, targeted rules for thonline and other distance sales of goods. Uniform rules are necessary in relation to several essential elements of consumer contract law which under the current minimum harmonisation approach led to disparities and trade barriers across the Union. ~~Therefore, this Directive should repeal the minimum harmonisation Directive 1999/44/EC and introduce fully harmonised rules on contracts for the sales of good~~However, full harmonisation should be avoided, as it could lower the level of consumer protection in some Member States and would therefore go against the interests of the consumers of those Member States.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 9

9.(9) Fully harmonised consumer contract law rules will make it easier for traders to offer their products in other Member States. Businesses will have reduced costs as they will no longer need to take account of different consumer mandatory rules. They will enjoy more legal certainty when engaging in distance selling to other Member States through a stable contract law environment.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 10

(10.) Increased competition among retailers is likely to result in wider choices at more competitive prices being offered to consumers. Consumers will benefit from a high level of consumer protection and welfare gains through targeted fully harmonised rules. This in turn would increase their trust in ~~the~~ cross-border commerce at a distance and in particular online. Consumers will more confidently buy at a distance cross-border knowing they would enjoy the same rights across the Union.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 11

(11.) This Directive covers rules applicable to thonline and other distance sales of goods only in relation to key contract elements needed to overcome contract-law related barriers in the ~~internal m~~Digital Single Market. 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.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 14

(14.) This Directive should not affect contract laws of Member States in areas not regulated by this Directive. In addition, in certain areas regulated by this Directive Member States should also be free to lay down rules in relation to those aspects which are not regulated in this Directive : this concerns, in particular, limitation periods for exercising the consumers' rights and commercial guarantees. Finally, in relation to the right of redress of the seller, Member States should be free to provide more detailed conditions on the exercise of such right.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 15

(15) The rules of this Directive complement the rules of Directive Directive 2011/83/EU of the European Parliament and of the Council. While Directive 2011/83/EU of the European Parliament and of the Council mainly lays down provisions regarding pre- contractual information requirements, the right of withdrawal from distance and off- premises contracts and rules on delivery and passing of risk, this Directive introduces rules on conformity of the goods, remedies in the event of a lack of conformity and modalities for the exercise of such remediesdeleted

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 16

(16) For the purpose of legal clarity this Directive should include a definition of a sales contract. That definition should provide that contracts where goods are yet to be produced or manufactured, including under consumer's specifications, are also included in the scope of this Directive.deleted

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 17

(17.) In order to bring clarity and certainty for sellers and consumers this Directive should define the notion of a sales contract. That definition should follow the common traditions of all Member States by requiring an agreement intended to give rise to obligations or other legal effects for a contract to exist.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 23

(23) Ensuring longer durability of consumer goods is important for achieving more sustainable consumption patterns and a circular economy. Similarly, keeping non-compliant products out of the Union market by strengthening market surveillance and providing the right incentives to economic operators is essential to increase trust in the functioning of the internal market. For these purposes, product specific Union legislation is the most appropriate approach to introduce durability and other product related requirements in relation to specific types or groups of products, using for this purpose adapted criteria. This Directive should therefore be complementary to the objectives followed in such Union product specific legislation. In so far as specific durability information is indicated in any pre- contractual statement which forms part of the sales contract, the consumer should be able to rely on them as a part of the criteria for conformity.deleted

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 25

(25.) The optional possibility for Member States to maintain notification obligations for consumers may lead them to easily lose well-substantiated claims for remedies in case of delayed or lack of notification, especially in a cross-border transaction where a law of another Member State applies and the consumer is not aware of this notification obligation resulting from the law of another Member State. ~~Therefore a notification obligation for consumers should not be established. Accordingly, Member States should be prevented from introducing or maintaining a requirement~~It should therefore be recommended that Member States do not establish a notification obligation for ~~the~~ consumer ~~to notify the seller the lack of conformity within a certain deadline~~s.

2017/12/15
Committee: JURI

Gilles LEBRETON

(26.) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first two years, in order to benefit from the presumption of lack of conformity, the consumer should only demonstrate that the good is not conforming, without also needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In order to increase legal certainty in relation to available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the internal market, a ~~fully~~ harmonised order in which remedies can be exercised should be provided for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of products.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 34

(34.) In order to ensure transparency, certain transparency requirements for commercial guarantees should be provided. Moreover in order to improve legal certainty and to avoid that consumers are misled, this Directive should provide that where commercial guarantee conditions contained in advertisements or pre- contractual information are more favourable to the consumer than those included in the guarantee statement the more advantageous conditions should prevail. ~~Finally, this Directive should provide rules on the content of the guarantee statement and the way it should be made available to consumers.~~ Member States should be free to lay down rules on other aspects of commercial guarantees not covered by this Directive, provided that those rules do not deprive consumers of the protection afforded to them by the fully harmonised provisions of this Directive on commercial guarantees.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 38

(38.) Directive 1999/44/EC should be repealed. The date of repeal should be aligned with the transposition date of this Directive. In order to ensure a uniform application of the laws, regulations and administrative provisions necessary for Member States to comply with this Directive to contracts concluded from the transposition date onwards, this Directive should not apply to contracts concluded before its transposition datamended to exclude distance sales contracts from its scope.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Recital 42

42. The objectives of this Directive, namely to contribute to the functioning of the internal market by tackling in a consistent manner contract law-related obstacles for the sales of goods across borders in the Union, cannot be sufficiently achieved by the Member States, as each Member State individually is not in a position to tackle the existing legal fragmentation by ensuring the coherence of its legislation with other Member States' legislations. The objectives of this Directive can rather be better achieved at Union level by removing the identified contract law- related obstacles through full harmonisation. Therefore, in order to achieve the objectives of this Directive the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. 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 achieve those objectives.deleted

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
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 those remedies.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
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.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Article 1 – paragraph 4

~~4. Member States may exclude from the scope of this Directive contracts for the sale of second-hand goods sold at public auction where consumers have the opportunity of attending the sale in person.~~deleted

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Article 2 – point e a (new)

(ea) ‘distance sales contract’ means any sales contract concluded under an organised distance scheme without the simultaneous physical presence of the seller and the consumer, with the exclusive use of one or more means of distance communication, including via internet, up to and including the time at which the contract is concluded;

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Article 2 – point g

~~(g) ‘contract’ means an agreement intended to give rise to obligations or other legal effects;~~deleted

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Article 3 – paragraph 1

Member States shall not maintain or introduce provisions diverging from those laid down in this Directive ~~including more or less stringent~~except for provisions to ensure a ~~different~~higher level of consumer protection.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Article 9 – paragraph 5

5. The consumer shall not be entitled to a remedy ~~to the extent that the consumer has~~if he has knowingly contributed to the lack of conformity with the contract or its effects.

2017/12/15
Committee: JURI

Gilles LEBRETON

5. Member States may lay down ~~rules on other aspect~~additional rules concerning commercial guarantees ~~which are not regulated in this Article~~.

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Article 19 – title

Article 19 Amendments to Directive 1999/44/EC, Regulation (EC) No 2006/2004 and Directive 2009/22/EC

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Article 19 – point -1 a (new)

Directive 1999/44/EC
Article 1

~~1. The purpose of this Directive is the approximation of the laws, regulations and administrative provisions of the Member States~~-1a. Article 1 of Directive 1999/44/EC is amended as follows: (a) paragraph 1 is replaced by the following: (Does not affect the English version.) (b) paragraph 2 is amended as follows: (i) point (f) is replaced by the following: “(f) “repair” shall mean, in the event of lack onf certain aspects of contracts for the sale of consumer goods and associated guarantees, which are not distance sales contracts, in order to ensure a uniform minimum level of consumer protection in the context of the internal market.’ (f) “repair” shall mean, in the event of lack of conformity, bringing consumer goods into conformity witonformity, bringing goods into conformity with the contract of sale;” (ii) the following point is added: “(fa) ‘distance sales contract’ means any sales contract concluded under an organised distance scheme without the simultaneous physical presence of the seller and the consumer, with the exclusive use of one or more means of distance communication, including via internet, up to and including the time at which the contract ~~of sale;~~is concluded.”

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Article 19 – point 1

Regulation (EC) No 2006/2004
Annex

1. In the Annex to Regulation (EC) No 2006/2004, ~~point 11 is replaced by the following~~the following point is added: “22. Directive (EU) N/XXX of the European Parliament and of the Council of XX/XX/201X on certain aspects concerning contracts for the sales of goods on line and any other distance selling thereof, amending Regulation (EC) No 2006/2004 and Directive ~~2009/22/EC and repealing Directive 1999/44~~s 1999/44/EC and 2009/22/EC (OJ…)"

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Article 19 – point 2

Directive 2009/22/EC
Annex I

2. In Annex I to Directive 2009/22/EC ~~point 7 is replaced by the following~~the following point is added: “716. Directive (EU) N/XXX of the European Parliament and of the Council of XX/XX/201X on certain aspects concerning contracts for the sales of goods on line and any other distance selling thereof, amending Regulation (EC) No 2006/2004 and Directive ~~2009/22/EC and repealing Directive 1999/44~~s 1999/44/EC and 2009/22/EC (OJ…)”"

2017/12/15
Committee: JURI

Gilles LEBRETON

Proposal for a directive
Article 21

Article 21 Repeal of Directive 1999/44/EC of the European Parliament and of the Council Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees is repealed as of [date of two years after the entry into force]. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex 1.deleted

2017/12/15
Committee: JURI

Activities of Gilles LEBRETON related to 2015/0288(COD)

Legal basis opinions (0)

Amendments (37)

ParlTrack - 2011-2024