BETA

62 Amendments of Marco ZULLO related to 2018/0090(COD)

Amendment 60 #
Proposal for a directive
Recital 6
(6) To facilitate more consistent application of penalties, in particular in intra-Union infringements, widespread infringements and widespread infringements with a Union dimension referred to in Regulation (EU) 2017/2394, common non-exhaustive criteria should be introduced for the application of fines. These criteria should include the cross- border nature of the infringement, namely whether the infringement has harmed consumers also in other Member States. Any redress provided by the trader to consumers for the harm caused should also be taken into account. Repeated infringements by the same perpetrator shows a propensity to commit such infringements and is therefore a significant indication of the gravity of the conduct and, accordingly, of the need to increase the level of the penalty to achieve effective deterrence. The criterion of financial benefits gained, or losses avoided, due to the infringement is especially relevant where the national law provides for fines as penalties and sets the maximum fine as percentage of the trader’s turnover and where the infringement concerns only one or some of the markets in which the trader is operating. These criteria should also be taken into consideration where the infringement has taken place prior to the entry into force of the legislation, but its effects on consumers are continuing to produce clear and demonstrable damage or negative effects.
2018/10/01
Committee: IMCO
Amendment 65 #
Proposal for a directive
Recital 8
(8) These common non-exhaustive criteria for the application of penalties may not be relevant in deciding on penalties regarding every infringement, in particular regarding non-serious infringements. Member States should also take account of other general principles of law applicable to the imposition of penalties, such as the principle of none bis in idem. This means that a trader sanctioned for infringing Regulation (EU) 2016/679 should not be sanctioned again under this Directive.
2018/10/01
Committee: IMCO
Amendment 70 #
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 Stateglobal turnover calculated on the basis of the total turnover in the previous financial year in the Member State or Member States concerned.
2018/10/01
Committee: IMCO
Amendment 76 #
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 turnoverglobal turnover calculated on the basis of the total turnover in the previous financial year, in all Member States concerned by the coordinated enforcement action.
2018/10/01
Committee: IMCO
Amendment 85 #
Proposal for a directive
Recital 12
(12) When deciding for which purpose the revenues from fines are used, Member States should take into account the ultimate objective of consumer legislation and its enforcement which is the protection of the general interest of consumers. Member States should therefore consider allocating at least part of the revenues from finesallocate the majority of the revenues to a fund for directly compensating consumers for all the damage they have suffered using the method least onerous to the public authorities, and the remainder to enhance consumer protection within their jurisdictions, such as supporting consumer movement or activities aimed at empowering consumers.
2018/10/01
Committee: IMCO
Amendment 94 #
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 105 #
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 and about the weighting used to determininge the 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.
2018/10/01
Committee: IMCO
Amendment 119 #
Proposal for a directive
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 14-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.
2018/10/01
Committee: IMCO
Amendment 125 #
Proposal for a directive
Recital 24
(24) Therefore, the scope of Directive 2011/83/EU should be extended to cover also contracts under which the trader supplies or undertakes to supply a digital service to the consumer, and the consumer provides or undertakes to provide personal data. Similar to contracts for the supply of digital content which is not supplied on a tangible medium, the Directive should apply whenever the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer is exclusively processed by the trader for supplying the digital content or digital service, and the trader does not process this data for any other purpose. Any processing of personal data should comply with Regulation (EU) 2016/679. In particular, withdrawal by the consumer from a contract does not, in the cases covered by Regulation (EU) 2016/679, result in an immediate end to processing of the data.
2018/10/01
Committee: IMCO
Amendment 129 #
Proposal for a directive
Recital 26
(26) Directive 2011/83/EU should also not apply to situations where the trader only collects metadata, such as the IP address, browsing history or other information collected and transmitted for instance by cookies, except where this situation is considered a contract under national law. It should also not apply to situations where the consumer, without having concluded a contract with the trader, is exposed to advertisements exclusively in order to gain access to digital content or a digital service. However, Member States should remain free to extend the application of the rules of Directive 2011/83/EU to such situations or to otherwise regulate such situations which are excluded from the scope of that Directive.
2018/10/01
Committee: IMCO
Amendment 138 #
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 147 #
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 154 #
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 162 #
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 175 #
Proposal for a directive
Recital 41
(41) Article 16 of the Charter of Fundamental Rights of the EU guarantees the freedom to conduct a business in accordance with Union law and national laws and practices. However, marketing across Member States of products as being identical or the same quality when, in reality, they have a significantly different composition or characteristics may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise.
2018/10/01
Committee: IMCO
Amendment 186 #
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, or the same quality as, the same product marketed in several other Member States, 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, a trader's right to adapt products of the same brand for different geographical markets due to 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 traders' right to offer products of the same brand in packages of different weight or volume in different geographical markets.
2018/10/01
Committee: IMCO
Amendment 187 #
Proposal for a directive
Recital 43 a (new)
(43a) Directive 2005/29/EC should be amended to make the sale en bloc of tickets on parallel and damaging markets an unfair commercial practice. This so- called secondary ticketing phenomenon creates a parallel market to the official market, where tickets are sold at higher prices than through official channels. The supply of tickets on these markets is often much more ample than the supply through official markets, particularly owing to the business strategies of some traders who purchase large quantities of tickets on official markets and then resell them on parallel markets. These strategies prevent a great many consumers from finding tickets through official channels and force them into purchasing on secondary markets at significantly higher prices.
2018/10/01
Committee: IMCO
Amendment 192 #
Proposal for a directive
Recital 44
(44) While off-premises sales constitute a legitimate and well-established sales channel, like sales at a trader's business premises and distance–selling, some particularly aggressive or misleading marketing practices in the contextmarketing practices that the Member State has identified as being particularly aggressive or misleading in the context of unsolicited telephone calls to a private number or home phone, ofr visits to the consumer's home without the consumer's prior agreement or during commercial excursions can put consumers under pressure to make purchases of goods they would not otherwise buy and/or purchases at excessive prices, often involving immediate payment. Such practices often target elderly or other vulnerable consumers. Some Member States consider those practices undesirable and deem it necessary to restrict certain forms and aspects of off-premises sales within the meaning of Directive 2011/83/EU, such as aggressive and misleading marketing or selling of a product in the context of unsolicited visits to a consumer's home or commercial excursions, on grounds of public policy or the respect for consumers’ private life protected by Article 7 of the Charter of Fundamental Rights of the EU. In accordance with the principle of subsidiarity and in order to facilitate enforcement, it should therefore be clarified that Directive 2005/29/EC is without prejudice to Member States' freedom to make arrangements without the need for a case-by-case assessment of the specific practice, to protect the legitimate interests of consumers with regard to unsolicited visits at their private home by a trader in order to offer or sell products or in relation to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers where such arrangements are justified on grounds of public policy or the protection of private life and are proportionate and non-discriminatory. Any such provisions should be proportionate and not discriminatory. Member States should be required to notify any national provisions adopted in this regard to the Commission so that the Commission can make this information available to all interested parties and monitor the proportionate nature and legality of those measures.
2018/10/01
Committee: IMCO
Amendment 195 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive 2005/0029/EC
Article 2 – paragraph 1 – point m (new)
(-1) In Article 2, the following point is added: “(m) ‘online platform’ means an online service that provides services including: – enabling consumers to conclude contracts for the supply of goods, services or digital content with suppliers in an online environment controlled by the platform operator; – enabling suppliers to publish advertisements in an online environment controlled by the platform operator which can be consulted by customers for the purpose of contacting suppliers and to entering into a contract outside the platform; – offering comparison services or other services to customers which identify relevant suppliers of digital goods, services or content, and directing customers to websites or to the contact details of those providers; – enabling platform users to assess and identify suppliers, customers and other users, and digital goods, services and content offered by suppliers.”
2018/10/01
Committee: IMCO
Amendment 201 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Directive 2005/29/EC
Article 3 – paragraph 5
This Directive does not prevent Member States from adopting provisions to protect the legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices in the contextmarketing or selling practices that the Member State has identified as being aggressive or misleading in the context of unsolicited telephone calls to a private number or home phone, ofr unsolicited visits by a trader to a consumer's home, or with regard to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers, provided that such provisions are justified on grounds of public policy or the protection of the respect for private life. and are proportionate and non-discriminatory.
2018/10/01
Committee: IMCO
Amendment 206 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Directive 2005/29/EC
Article 5 – paragraph 4 – point c (new)
(1a) In Article 5(4), the following point shall be inserted after point (b): (c) made en bloc by professionals to supply parallel and damaging markets to the detriment of the consumer.
2018/10/01
Committee: IMCO
Amendment 211 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
(c) Any marketing of a product as being identical to, or the same quality as, the same product marketed in several other Member States, while those products have significantly different composition or characteristics;
2018/10/01
Committee: IMCO
Amendment 214 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2005/29/EC
Article 7 – paragraph 4 – point d
(3) Point (d) of Article 7(4) is replaced by the following: “(d) the arrangements for payment, delivery and performance, if they depart from the requirements of professional diligence;deleted
2018/10/01
Committee: IMCO
Amendment 217 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – point f (new)
(3a) The following point shall be inserted after Article 7(4)(e): “(f) for products or services offered through online platforms, the main parameters and the weighting used to determine the ranking of the offers presented to the consumer as the result of a search request;”
2018/10/01
Committee: IMCO
Amendment 221 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 b (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – point g (new)
(3b) The following point shall be inserted after Article 7(4)(e): “(g) for products or services offered by the third party through an online platform, information as to whether or not the third party is an operator;”
2018/10/01
Committee: IMCO
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 c (new)
(3c) The following point shall be inserted after Article 7(4)(e): “(h) for products or services offered on online platforms, information on where consumer rights under EU consumer legislation is applicable and, if so, the operator responsible for ensuring their application in connection with the contract;”
2018/10/01
Committee: IMCO
Amendment 227 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 d (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – point i (new)
(3d) The following point shall be inserted after Article 7(4)(e): “(i) for products or services offered on online platforms, information on whether algorithms or automated decision-making processes have been used for the presentation of the offers or to set the price, including personalised pricing techniques.”
2018/10/01
Committee: IMCO
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 e (new)
Directive 2005/29/EC
Article 8 a (new)
(3e) The following Article shall be inserted after Article 8: “(8a) Parallel and damaging markets 1. A parallel and damaging markets shall be understood as any unfair commercial practice under which tickets are offered for sale for any kind of events on a ticket market that is parallel to the official ticket market, and on which tickets are sold at a higher price than the official tickets.”
2018/10/01
Committee: IMCO
Amendment 237 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
2. Contractual remedies shall include, as a minimum, the possibility for the consumer to unilaterally terminate the contract and be entitled to a price reduction.
2018/10/01
Committee: IMCO
Amendment 252 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 2 – point g a (new)
(ga) the criteria listed above, including where the infringement has taken place prior to the entry into force of the legislation, but its effects on consumers are continuing to produce clear and demonstrable damage or negative effects.
2018/10/01
Committee: IMCO
Amendment 260 #
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 turnoveglobal turnover calculated on the basis of the total turnover for the previous year in the Member State or Member States concerned.
2018/10/01
Committee: IMCO
Amendment 268 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 5
5. When deciding about the allocation of revenues from fines Member States shall take into account the general interest of consumers. In particular, Member States must allocate the majority of the revenues to a fund for directly compensating consumers for all the damage they have suffered as a result of the infringement.
2018/10/01
Committee: IMCO
Amendment 272 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2005/29/EC
Annex I – point 11
11. Using editorial content in the media, or providing information to a consumer’s online search query, to promote a product or service, including via a more favourable positioning thereof in the search results, where a trader has paid forsupported the promotion, in exchange for payment or in kind, without making that clear in the content or search results or by images or sounds clearly identifiable by the consumer (advertorial; paid placement or paid inclusion). This is without prejudice to Directive 2010/13/EU48. __________________ 48 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
2018/10/01
Committee: IMCO
Amendment 279 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex I – point 20
(6a) Point 20 of Annex I is replaced by the following: "20. Describing a product or a service as "gratis", "free", "without charge" or similar if the consumer has to pay anything other than the unavoidable cost of responding to the commercial practice and collecting or paying for delivery of the item. or equivalent to this if the consumer has to provide information as a counter-service.” Or. it (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32005L0029&qid=1537951807023&from=EN)
2018/10/01
Committee: IMCO
Amendment 297 #
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 underin which thea trader transfersupplies or undertakes to transfer the ownership ofsupply goods to the consumer and the consumer pays or undertakes to pay the price thereof, including any contract having as its object both goods and services; . Reference to ‘goods’ also includes ‘digital goods’ and reference to ‘sales contract’ also includes ‘digital goods sales contract’;’ Or. it (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02011L0083- 20180701&qid=1537972578113&from=EN)
2018/10/01
Committee: IMCO
Amendment 301 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 16
(16) ‘contract for the supply of digital content which is not supplied on tangible medium’ means a contract under which a trader supplies or undertakes to supply specific digital content to the consumer and the consumer pays or undertakes to pay the price thereof. This also includes contracts where the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital content, or for 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;
2018/10/01
Committee: IMCO
Amendment 305 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 18
(18) ‘digital service contract’ means a contract under which a trader supplies or undertakes to supply a digital service to the consumer and the consumer pays or undertakes to pay the price thereof. This also includes contracts where the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital service, or for 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;
2018/10/01
Committee: IMCO
Amendment 314 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Directive 2011/83/EU
Article 3 – paragraph 3 – point k
(1a) Point (k) is replaced by the following: “(k) for passenger transport services, with the exception of Article 8(2) and Articles 19, 21 and 22; content/EN/TXT/HTML/?uri=CELEX:32011L0083&qid=1537797342987&from=EN)” Or. it (https://eur-lex.europa.eu/legal-
2018/10/01
Committee: IMCO
Amendment 320 #
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 or other means of online communication that is widely used in the community 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 337 #
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 and the associated weighting used to determininge ranking of offers presented to the consumer as result of his search query on the online marketplace;
2018/10/01
Committee: IMCO
Amendment 341 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point a a (new)
(aa) clear and unambiguous indication of a sponsored offer. Or of an offer for which the third party offering goods, services or digital content has paid a fee to the online marketplace to appear higher in the ranking of offers presented to the consumer as a result of his search query on the online marketplace;
2018/10/01
Committee: IMCO
Amendment 348 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point b
(b) whether the third party offering the goods, services or digital content is a trader or not, on the basis of the declaration of that third party to the online marketplace, and on the basis of the information in the possession of the online marketplace, pursuant to Directive 2000/31/EC;
2018/10/01
Committee: IMCO
Amendment 355 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point d a (new)
(da) the full price and the exact discount percentage applied where a price reduction is offered in the search results of the online marketplace;
2018/10/01
Committee: IMCO
Amendment 360 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point d b (new)
(db) a clear and unambiguous explanation of the fact that the ranking used by the online marketplace is not in any way linked to the rankings or quality schemes recognised by public authorities and consumers.
2018/10/01
Committee: IMCO
Amendment 372 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Directive 2011/83/EU
Article 6 b (new)
(4a) The following Article 6b is inserted: ‘Article 6b Reputation feedback systems 1. An online marketplace operator that provides a reputation feedback system must provide information on the methods for collecting, processing and publishing evaluations and reviews. 2. The reputation feedback system must comply with professional diligence standards. 3. Professional diligence standards within the meaning of paragraph 2 shall include the following: (a) reviews must not be solicited in exchange for any economic benefit. (b) if a review is rejected, the reviewer must be informed without undue delay of the rejection and the reasons for it. (c) reviews must be published without undue delay. (d) the order in which reviews are presented by default must not be misleading. Online marketplace users must be able to display reviews in chronological order. (e) If the reputation feedback system excludes previous reviews, this must be indicated to online marketplace users. The exclusion period must be reasonable, but not less than 12 months. (f) If the reviews are aggregated into an overall evaluation, the total number of reviews on which the evaluation is based must be shown. (g) The online marketplace operator must provide a complaint mechanism free of charge which permits an online marketplace user to submit a reasoned notification if he or she has doubts concerning the authenticity of a review. (h) The online marketplace operator must verify that reviews are based on confirmed transactions. 4. The reputation feedback system must be structured in a format that is commonly used and machine-readable, so that upon termination of the contract with the online marketplace the consumer may transfer existing reviews that relate to him to another reputation feedback system.’
2018/10/01
Committee: IMCO
Amendment 382 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Directive 2011/83/EU
Article 9 – paragraph 2 – point a
(6a) In Article 9(2), point (a) is replaced by the following: ‘(a) in the case of service contracts, including digital service contracts, the day of the conclusion of the contract; (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02011L0083-’ Or. it 20180701&from=EN)
2018/10/01
Committee: IMCO
Amendment 384 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 b (new)
Directive 2011/83/EU
Article 11 – paragraph 1
(6b) Article 11 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. Before the expiry of the withdrawal period, the consumer shall inform the trader of his decision to withdraw from the contract. For this purpose, the consumer may either: (a) use the model withdrawal form as set out in Annex I(B); or (b) make any other unequivocal statement setting outclarifying his decision to withdraw from the contract. Where the contracts have been concluded by digital means, the trader may supply the consumer with online means of communication for making such a statement. Member States shall not provide for any formal requirements applicable to the model withdrawal form other than those set out in Annex I(B). ’ Or. it (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32011L0083&qid=1537870941568&from=EN)
2018/10/01
Committee: IMCO
Amendment 385 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 c (new)
Directive 2011/83/EU
Article 11 – paragraph 2
(6c) Paragraph 2 is replaced by the following: ‘2. The consumer shall have exercised histhe right of withdrawal within theby the deadline for withdrawal period referred to in Article 9(2) and Article 10 if the communication concerning the exercise of the right of withdrawal is sentforwarded by the consumer before that perioddeadline has expired. content/EN/TXT/HTML/?uri=CELEX:32011L0083&qid=1537870941568&from=EN)The withdrawal will take effect 14 days after notification to the trader of a request for withdrawal pursuant to Article 1 or on a subsequent date indicated by the consumer.’ Or. it (https://eur-lex.europa.eu/legal-
2018/10/01
Committee: IMCO
Amendment 386 #
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 400 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point 1
Directive 2011/83/EU
Article 14 – paragraph 2
(1) paragraph 2 is replaced by the following: ‘After the termination of the contract, the consumer shall refrain from using the digital content or digital service and from making it available to third parties.’deleted
2018/10/01
Committee: IMCO
Amendment 404 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point 1 a (new)
Directive 2011/83/EU
Article 14 – paragraph 2 a (new)
(1a) The following paragraph is inserted after paragraph 2: ‘2a. After the termination of the contract, the consumer shall refrain from using the digital content or digital service and from making it available to third parties.’
2018/10/01
Committee: IMCO
Amendment 417 #
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 422 #
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 The Member States shall ensure that consumers have the right not to be bound by the contract and the right to compensation for damages if the trader has not complied with the information requirements laid down in this Directive. Consumers shall also have the right to compensation when an online marketplace has not complied with the information requirements set out in Article 6a of this Directive. These rights shall be without prejudice to the rights laid down by national legislation.’
2018/10/01
Committee: IMCO
Amendment 428 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Directive 2011/83/EU
Article 24 – paragraph 2 – point g a (new)
(ga) the criteria listed above, including where the infringement has taken place prior to the entry into force of the legislation, but its effects on consumers are continuing to produce clear and demonstrable damage or negative effects.
2018/10/01
Committee: IMCO
Amendment 432 #
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 turnoveglobal turnover calculated on the annual total for the previous year in the Member State or Member States concerned.
2018/10/01
Committee: IMCO
Amendment 440 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point 1 – point a
Directive 2011/83/EU
Annex I – part A – Right of withdrawal – paragraph 3
(a) the third paragraph of point A under “Right of withdrawal” is replaced by the following: “To exercise the right of withdrawal, you must inform us [2] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. [3]”deleted
2018/10/01
Committee: IMCO
Amendment 445 #
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 448 #
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 458 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 1993/13/EEC
Article 8 b – paragraph 2 – point g a (new)
(ga) the criteria listed above, including where the infringement has taken place prior to the entry into force of the legislation, but its effects on consumers are continuing to produce clear and demonstrable damage or negative effects.
2018/10/01
Committee: IMCO
Amendment 463 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 1993/13/EEC
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 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at least 4% of the trader’s annual turnoveglobal turnover calculated on the annual total for the previous year in the Member State or Member States concerned.
2018/10/01
Committee: IMCO
Amendment 474 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Directive 1998/06/EC
Article 8 – paragraph 2 – point g a (new)
(ga) the criteria listed above, including where the infringement has taken place prior to the entry into force of the legislation, but its effects on consumers are continuing to produce clear and demonstrable damage or negative effects.
2018/10/01
Committee: IMCO
Amendment 479 #
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 turnoveglobal turnover calculated on the annual total for the previous year in the Member State or Member States concerned.
2018/10/01
Committee: IMCO