26 Amendments of Daniel BUDA related to 2015/0288(COD)
Amendment 45 #
Proposal for a directive
Recital 2
Recital 2
(2) For the 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, as is an enterprise-friendly environment, through the facilitation of cross-border sales, ensuring legal certainty and avoiding unnecessary costs.
Amendment 48 #
Proposal for a directive
Recital 3
Recital 3
(3) E-commerce is the main driver for growth within the Digital Single Market. However its growth potential is far from being fully exploited. In order to strengthen Union competiveness and to boost growth, the Union needs to act swiftly and encourage economic actors to unleash the full potential offered by the Digital Single Market. The full potential of the Digital Single Market can only be unleashed if all market participants enjoy smooth access to the online sales of goods 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 online cross-border. Those rules also influence consumers’ willingness to embrace and trust this type of purchase. In concrete terms, those rules affect supply and demand, which have a direct impact on the main macroeconomic variables in each Member State and in the EU as a whole.
Amendment 51 #
Proposal for a directive
Recital 4
Recital 4
(4) While online sales of goods constitute the vast majority of distance sales in the Union, this Directive should cover all distance sales channels, including phone and mail orders, in order to avoid any unjustified distortions of competition and to create a level playing field for all businesses selling at a distance and ensure a high and uniform level of consumer protection.
Amendment 55 #
Proposal for a directive
Recital 6
Recital 6
(6) Existing disparities may adversely affect businesses and consumers. Pursuant to Regulation (EC) No 593/2008 of the European Parliament and of the Council40 , 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 withoften face additional costs. Consequently many businesses mayprefer or could 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 e-commerce results in lost opportunities of commercial expansion and economies of scale. Small and medium enterprises are in particular affected. _________________ 40 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.
Amendment 58 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to remedy those problems, businesses and consumers should be able to rely on a set of fully harmonised, targeted rules for the sale of goods, including online sales and other types of 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.
Amendment 70 #
Proposal for a directive
Recital 13
Recital 13
(13) This Directive should not apply to goods like DVDs and CDs incorporating digital content in such a way that the goods function only as a carrier ofs household appliances, toys, DVDs and CDs where theat digital content. However, this Directive should apply to digital content integrated in goods such as household appliances or toys where the digital content is em is embedded in such a way that it operates as an integral part of the goods and cannot easily bed ded in such a way that its functions are subordinate to the main functionalit-installed by the consumer, unless the seller proves that the lack of conformity lies ofin the goods and it operates as an integrnon-digital part of the goods.
Amendment 75 #
Proposal for a directive
Recital 16
Recital 16
(16) For the purpose of ensuring legal clarity the Directive includes a definition of a sales contract. This definition maintains that contracts wherefor the sale of certain goods that are yet to be produced or manufactured, including under consumer's specifications, are also included in the scope of the Directive.
Amendment 76 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to bring clarity and legal certainty for sellers and consumers the Directive should defineestablishes the notion of a contract. This definition follows based on the common traditions of all Member States by requiring, which require there to be an agreement intended to give rise to obligations or other legal effects in order for a contract to exist.
Amendment 79 #
Proposal for a directive
Recital 18
Recital 18
(18) In order to balance the requirement of legal certainty with an appropriate flexibility of the legal rules, any reference to what can be expected of or by a personthe contracting parties in this Directive should be understood as a reference to what can reasonably be expected. The standard of reasonableness should be objectively ascertained, having regard to the nature and purpose of the contract, to the circumstances of the case and to the usages and practices of the parties involved. In particular, the reasonable time for completing a repair or replacement should be objectively ascertained, having regard to the nature of the goods and the lack of conformity.
Amendment 85 #
Proposal for a directive
Recital 23
Recital 23
(23) Ensuring longer durability of consumer goods is important for achieving more sustainable consumption patterns and a circular economy, as well as to ensure a high level of consumer protection. 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 single 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 this Union sector 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.
Amendment 97 #
Proposal for a directive
Recital 27
Recital 27
(27) The consumer's choice between repair and replacement should only be limited where the optionremedy chosen would be disproportionate compared to the other optionalternative remedy available, impossible or unlawful. For instance, it might be disproportionate to request the replacement of goods because of a minor scratch where this replacement would create significant costs while, at the same time, the scratch could easily be repaired.
Amendment 102 #
Proposal for a directive
Recital 29
Recital 29
(29) Considering that the right to terminate the contract due to the lack of conformity is an important remedy applicable where repair or replacement are not feasible or have failed, the consumer should also enjoy the right to terminate the contract in cases where the lack of conformity is minor. This would provide a strong incentive to remedy all cases of a lack of conformity at an early stage. In order to make the right to terminate effective for consumers, in situations where the consumer acquires multiple goods, some being an accessory to the main item which the consumer would not have acquired without the main item, and the lack of conformity impacts that main item, the consumer shouldmust have the right to terminate the contract also in relation to the accessory elements, even if the latter are in conformity with the contract.
Amendment 117 #
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 with the terms of the contract, remedies in case of non- conformity and the modalities for the exercise of these remedies.
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall not apply to any durable medium incorporatingon which digital content where the durable medium has been used exclusively as a carrier for the supply ofis stored or to any good in which digital content is embedded, unless the seller can show that the lack of conformity lies in the non-digital content to the consumerpart of that good.
Amendment 126 #
Proposal for a directive
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. This Directive seeks to supplement EU sector-specific legislation; where it conflicts with a provision of another Union act governing a specific sector or subject matter, the provision of that other Union act shall prevail and shall apply to those specific sectors.
Amendment 128 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘sales contract’ means any contract under which the seller transfers or undertakes to transfer the ownership of goods, including goods which are to be manufactured or produced, – including according to the consumer's specifications – to the consumer and the consumer pays or undertakes to pay the price thereof.
Amendment 138 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The seller shall ensure that, iIn order to conform with the contract, the goods shall, where relevant:
Amendment 140 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) be of the quantity, quality and description required by any pre- contractual or contractual statement or by any other document forming an integral part of the contract, which includes that where the seller shows a sample or a model to the consumer, the goods shall possess the quality of and correspond to the description of this sample or model;
Amendment 148 #
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 expect given the nature of the goods and taking into accountreasonably expect. That reasonableness shall be established objectively, taking into account the type and scope of the contract, the specific circumstances, the nature of the goods, conformity/non- conformity with the contract, the usages and practices of the parties concerned and 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 155 #
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 from any right of a third party, including based on intellectual property, so that the goods can be used in accordance with the contract and in line with the reasonable expectations of the consumer.
Amendment 158 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the goods are handed over to the carrier chosen by the consumer, where that carrier was not proposed by the seller or where the seller proposes no means of carriage; this provision shall in no way affect the rights of the consumer against the carrier.
Amendment 174 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
The consumer may choose between repair and replacement, unless the optionremedy chosen would be impossible, or unlawful or, compared to the other optionalternative measure, would impose costs on the seller that would be disproportionate, taking into account all circumstances, including:
Amendment 182 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The consumer shall exercise the right to terminate the contract by notice to the seller given by any meansway of an unequivocal statement to the seller expressing the decision to terminate the contract. The consumer may communicate that statement by any means, be these traditional or up-to-the- minute, provided that these enable the text of the statement to be forwarded and its receipt to be confirmed.
Amendment 187 #
Proposal for a directive
Article 13 – paragraph 3 – point a
Article 13 – paragraph 3 – point a
(a) where the consumer terminates the contract in its entirety, 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 noticestatement under Article 13(1), and shall bear the cost of the reimbursement;.
Amendment 191 #
Proposal for a directive
Article 13 – paragraph 3 – point a a (new)
Article 13 – paragraph 3 – point a a (new)
(aa) where the consumer terminates a part of the contract, the seller shall reimburse to the consumer the part of the price paid corresponding to the goods which are not in conformity with the contract and any other goods which the consumer acquired as an accessory to the non-conforming goods;
Amendment 192 #
Proposal for a directive
Article 13 – paragraph 3 – point b
Article 13 – paragraph 3 – point b
(b) the consumer shall return, at the seller's expense, to the seller the goods without undue delay and in any event not later than 14 days from sending the notice ofstatement termination; ng the contract, in accordance with Article 13(2);