8 Amendments of Emil RADEV related to 2016/0152(COD)
Amendment 66 #
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should not affect acts of Union law concerning judicial cooperation in civil matters, notably the provisions on the law applicable to contractual obligations and on court jurisdiction set out in Regulations (EC) No 593/2008 of the European Parliament and of the Council24 and (EU) 1215/2012 of the European Parliament and of the Council25 , including the application of those acts and provisions in individual cases. In particular, the mere fact that a trader acts in accordance with the provisions of this Regulation should not be construed as implying that he directs his activities to the consumer's Member State for the purpose of such application. _________________ 24 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 L 177, 4.7.2008, p. 6). 25 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 74 #
Proposal for a regulation
Recital 12
Recital 12
(12) Both consumers and undertakingsWhen purchasing goods or services, individual consumers, micro- businesses and small and medium-sized enterprises find themselves in similar circumstances. This is why they should be safeguarded from discrimination for reasons related to their nationality, place of residence or place of establishment when acting as customers for the purposes of this Regulation. However, that protection should not extend to situations where customers purchasinge a good or a service for commercial purposes, such as resale, because ithis would affect widely -used distribution schemes between undertakings in a business to businescommercial and contractual relations context, such as selective and exclusive distribution, which generally allow for manufacturers to select their retailers, subject to compliance with the rules on competition.
Amendment 78 #
Proposal for a regulation
Recital 13
Recital 13
(13) The adverse effects for customers and on the internal market of discriminatory treatment in connection to commercial transactions relating to the sales of goods or the provision of services within the Union are the same, regardless of whether a trader is established in a Member State or in a third country. Therefore, and with a view to ensuring that competing traders are subject to the same requirements in this regard, the measures set out in this Regulation should apply equally to all traders operating within the Union.
Amendment 89 #
Proposal for a regulation
Recital 16
Recital 16
(16) In certain cases, blocking, limiting of access or redirection without the customer's consent to an alternative version of an online interface for reasons related to the customer's nationality, place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in Union law or in the laws of Member States in accordance with Union law, with which the trader must comply when carrying on commercial activities in the Member State concerned. Such laws can limit customers' access to certain goods or services, for instance by prohibiting the display of specific content in certain Member States. Traders should not be prevented from complying with such requirements and thus be able to block, limit the access or redirect certain customers or customers in certain territories to an online interface, insofar as that is necessary for that reason.
Amendment 107 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) The prohibition of discrimination under this Regulation should not be understood as an obligation to deliver goods cross-border to another Member State where the trader would not otherwise offer the possibility of such delivery to its customers, nor as an obligation to take back goods in another Member State or bear additional costs in this regard, where the trader would otherwise not be under such an obligation.
Amendment 116 #
Proposal for a regulation
Recital 25
Recital 25
(25) Directive 2015/2366/EU of the European Parliament and of the Council28 introduced strict security requirements for the initiation and processing of electronic payments, which reduced the risk of fraud for all new and more traditional means of payment, especially online payments. Payment service providers are obliged to apply so-called strong customer authentication, an authentication process that validates the identity of the user of a payment service or of the payment transaction. For remote transactions, such as online payments, the security requirements go even further, requiring a dynamic link to the amount of the transaction and the account of the payee, to further protect the user by minimising the risks in case of mistakes or fraudulent attacks. As a result of these provisions, the risk of payment fraud in national and cross- border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the Union. Where there is a risk of customers defaulting on their obligations, and more specifically where the customer is experiencing difficulties in making payment, the trader should be able to withhold the goods or the service until it receives confirmation that payment has been made. _________________ 28 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35– 127).
Amendment 122 #
Proposal for a regulation
Recital 27
Recital 27
(27) Member States should designate one or more bodies responsible for taking effective action to monitor and to secure compliance with the provision of this Regulation. Member States should also ensure that effective, proportionate and dissuasive penaltimeasures can be imposedtaken in respect onf traders in the event of any breach of this Regulation.
Amendment 151 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation seeks to contribute to the proper functioning of the internal market by preventing unjustified discrimination based, directly or indirectly, on the nationality, place of residence or place of establishment of customers.