21 Amendments of Maria GRAPINI related to 2018/0090(COD)
Amendment 63 #
Proposal for a directive
Recital 7
Recital 7
(7) Furthermore, any fines imposed as penalties should take into account the 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.
Amendment 74 #
Proposal for a directive
Recital 9
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 4% and the minimum at no less than 2% of the trader's annual turnover in the Member State concerned.
Amendment 77 #
Proposal for a directive
Recital 10
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 maximum fine of at least 4 % and a minimum of no less than 2% of the trader’s annual turnover in all Member States concerned by the coordinated enforcement action.
Amendment 81 #
Proposal for a directive
Recital 11
Recital 11
Amendment 96 #
Proposal for a directive
Recital 15
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. Non-contractual remedies provided under national law should, as a minimum, include the right to compensation for damages. Member States wshould 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.
Amendment 107 #
Proposal for a directive
Recital 19
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 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.
Amendment 118 #
Proposal for a directive
Recital 21
Recital 21
(21) Digital content and digital services are often supplied online under contracts where the consumer does not pay a price but provides personal data to the trader. Digital services are characterised by continuous involvement of the trader over the duration of the contract to enable the consumer to make use of the service, for instance, access to, creation, processing, storing or sharing of data in digital form. Examples of digital services are subscription contracts to content platforms, cloud storage, webmail, social media and cloud applications. The continuous involvement of the service provider justifies the application of the rules on the right of withdrawal provided in Directive 2011/83/EU that effectively allow the consumer to test the service and decide, during the 145-day period from the conclusion of the contract, whether to keep it or not. In contrast, contracts for the supply of digital content which is not supplied on a tangible medium are characterised by one-off action by the trader to supply to the consumer a specific piece or pieces of digital content, such as specific music or video files. This one-off nature of the provision of digital content is at the basis of the exception from the right of withdrawal pursuant to Article 16(m) of Directive 2011/83/EU, whereby the consumer loses the right of withdrawal when the performance of the contract is started, such as download or streaming of the specific content.
Amendment 139 #
Proposal for a directive
Recital 33
Recital 33
Amendment 146 #
Proposal for a directive
Recital 34
Recital 34
Amendment 153 #
Proposal for a directive
Recital 35
Recital 35
Amendment 259 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 3
Article 13 – paragraph 3
(3) Where the penalty to be imposed is a fine, the infringing trader’s annual turnover and net profits as well as any fines imposed for the same or other infringements of this Directive in other Member States shall also be taken into account in the determination of its amount.
Amendment 265 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 4
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 2017/2934 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 concerned.
Amendment 350 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point c
Article 6 a – paragraph 1 – point c
(c) whether consumer rights stemming from Union consumer legislation apply or not to the contract concluded; and on the basis of a self-declaration of the seller which ensures the consumer that the seller complies with the product and/or service standards initially made known to the consumer;
Amendment 359 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point d a (new)
Article 6 a – paragraph 1 – point d a (new)
(da) the general mandatory pre- contractual information, which is equal to all the traders, can also be provided on the online marketplace, while the trader will provide the consumer with specific mandatory pre-contractual information;
Amendment 437 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive 2011/83/EU
Article 24 – paragraph 4
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 2017/2934 include the possibility to impose fines, the maximum amount of which shall be at leastmaximum 4 % of the trader’s annual turnover in the Member State or Member States concerned.
Amendment 455 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Directive 1993/13/EEC
Article 8 b – paragraph 2 – point d
Article 8 b – paragraph 2 – point d
(d) where appropriate, the intentional or negligent character of the infringement;
Amendment 462 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Directive 1993/13/EEC
Article 8 b – paragraph 3
Article 8 b – paragraph 3
3. Where the penalty to be imposed is a fine, the infringing trader’s annual turnover and net profits as well as any fines imposed for the same or other infringements of this Directive in other Member States shall also be taken into account in the determination of its amount.
Amendment 467 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Directive 1993/13/EEC
Article 8 b – paragraph 4
Article 8 b – 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 2017/2934 include the possibility to impose fines, the maximum amount of which shall be at leastmaximum 4 % of the trader’s annual turnover in the Member State or Member States concerned.
Amendment 471 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Directive 1998/06/EC
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) where appropriate, the intentional or negligent character of the infringement;
Amendment 478 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Directive 1998/06/EC
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where the penalty to be imposed is a fine, the infringing trader’s annual turnover and net profits as well as any fines imposed for the same or other infringements of this Directive in other Member States shall also be taken into account in the determination of its amount.
Amendment 484 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Directive 1998/06/EC
Article 8 – paragraph 4
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 2017/2934 include the possibility to impose fines, the maximum amount of which shall be at leastmaximum 4 % of the trader’s annual turnover in the Member State or Member States concerned.