BETA

Activities of Jasenko SELIMOVIC related to 2018/0090(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2018/0090(COD)

Shadow reports (1)

REPORT on the proposal for a directive of the European Parliament and of the Council amending Council Directive 93/13/EEC of 5 April 1993, Directive 98/6/EC of the European Parliament and of the Council, Directive 2005/29/EC of the European Parliament and of the Council and Directive 2011/83/EU of the European Parliament and of the Council as regards better enforcement and modernisation of EU consumer protection rules PDF (318 KB) DOC (137 KB)

2016/11/22
Committee: IMCO
Dossiers: 2018/0090(COD)
Documents: PDF(318 KB) DOC(137 KB)

Amendments (27)

Jasenko SELIMOVIC

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, as well as the degree to which the trader has cooperated with Member States´ authorities in order to remedy the consequences of the infringement in question and to mitigate the potential adverse effects thereof, 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.

2018/10/01
Committee: IMCO

Jasenko SELIMOVIC

Proposal for a directive
Recital 8 a (new)

(8a) Member States´ authorities should exercise their powers regarding penalties proportionately, efficiently and effectively, in accordance with Union law, including the principles of the Charter of Fundamental Rights of the European Union, applicable procedural safeguards and the Union rules on data protection, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council1a, and national law. __________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

2018/10/01
Committee: IMCO

Jasenko SELIMOVIC

Proposal for a directive
Recital 19 a (new)

(19a) Directive 2000/31/EC of the European Parliament and of the Council 1a provides that online platform providers are not liable for the content stored on their platforms. However, the issue of the reliability of online reviews is obviously important both for consumers and traders operating on the Internet, as it can affect consumers shopping behaviour. Even though the imposition of a systematic verification of online reviews would place an excessive burden on online marketplaces and would compromise the myriad of sources of information for consumers, it is crucial that consumer confidence in online reviews, and more broadly in e-commerce, is maintained. There is a need, therefore, for online marketplaces to provide information to consumers as to whether they have an online review verification procedure and, if there is such a procedure, to describe it. __________________ 1a Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).

2018/10/01
Committee: IMCO

Jasenko SELIMOVIC

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

Jasenko SELIMOVIC

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

Jasenko SELIMOVIC

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

Jasenko SELIMOVIC

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

Jasenko SELIMOVIC

Proposal for a directive
Recital 38

(38) Considering technological developments, it is necessary to remove the reference to fax number from the list of the means of communication in Article 6(1)(c) of Directive 2011/83/EU since fax is rarely used and largely obsolete. Furthermore, traders should be able to provide, as alternative to an e-mail address, other means of online communication with consumers, for example, online forms and chats, provided that such alternative means enable the consumer to retain the content of the communication on a durable medium in a similar way as e-mail, as well as to prove that the consumer has contacted the trader. Annex I of the Directive 'Information concerning the exercise of the right of withdrawal' should also be adjusted in accordance with this amendment.

2018/10/01
Committee: IMCO

Jasenko SELIMOVIC

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2005/29/EC
Article 13 – paragraph 2 – point g a (new)

(ga) the degree to which the trader has cooperated with Member States´ authorities in order to remedy the consequences of the infringement and to mitigate the potential adverse effects thereof.

2018/10/01
Committee: IMCO

Jasenko SELIMOVIC

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2005/29/EC
Article 13 – paragraph 2 a (new)

2a. Member States shall exercise powers set out in this Article proportionately, efficiently and effectively in accordance with Union law, including the principles of the Charter of Fundamental Rights of the European Union, applicable procedural safeguards and the Union rules on data protection, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council1a, and national law. __________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

2018/10/01
Committee: IMCO

Jasenko SELIMOVIC

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 where a trader has paid for the promotion without making that clear in the content or search results or by images or sounds clearly and easily 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

Jasenko SELIMOVIC

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 which guarantee that the consumer can keep the correspondence with the trader on a durable medium, including that which proves that the consumer has contacted the trader, in order 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

Jasenko SELIMOVIC

Proposal for a directive
Article 2 – paragraph 1 – point 4

Directive 2011/83/EU
Article 6 a – paragraph 1 – introductory part

Before a consumer is bound by a distance contract, or any corresponding offer, on an online marketplace, the online marketplace shall in addition provide the following information in a clear and user-friendly manner:

2018/10/01
Committee: IMCO

Jasenko SELIMOVIC

Proposal for a directive
Article 2 – paragraph 1 – point 4

Directive 2011/83/EU
Article 6 a – paragraph 1 – point d a (new)

(da) whether online reviews have been verified.

2018/10/01
Committee: IMCO

Jasenko SELIMOVIC

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

Jasenko SELIMOVIC

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

Jasenko SELIMOVIC

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 : “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

Jasenko SELIMOVIC

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

Jasenko SELIMOVIC

Proposal for a directive
Article 2 – paragraph 1 – point 10

Directive 2011/83/EU
Article 24 – paragraph 2 – point ga (new)

(ga) the degree to which the trader has cooperated with Member States´ authorities in order to remedy the consequences of the infringement and to mitigate the potential adverse effects thereof.

2018/10/01
Committee: IMCO

Jasenko SELIMOVIC

Proposal for a directive
Article 2 – paragraph 1 – point 10

Directive 2011/83/EU
Article 24 – paragraph 2 a (new)

2a. Member States shall exercise powers set out in this Article proportionately, efficiently and effectively in accordance with Union law, including the principles of the Charter of Fundamental Rights of the European Union, applicable procedural safeguards and the Union rules on data protection, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council*, and national law. __________________ * Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

2018/10/01
Committee: IMCO

Jasenko SELIMOVIC

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

Jasenko SELIMOVIC

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

Jasenko SELIMOVIC

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

Jasenko SELIMOVIC

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 degree to which the trader has cooperated with Member States´ authorities in order to remedy the consequences of the infringement and to mitigate the potential adverse effects thereof.

2018/10/01
Committee: IMCO

Jasenko SELIMOVIC

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1

Directive 1993/13/EEC
Article 8 b – paragraph 2 a (new)

2a. Member States shall exercise powers set out in this Article proportionately ,efficiently and effectively in accordance with Union law, including the principles of the Charter of Fundamental Rights of the European Union, applicable procedural safeguards and the Union rules on data protection, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council1a, and national law. __________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

2018/10/01
Committee: IMCO

Jasenko SELIMOVIC

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1

Directive 1998/06/EC
Article 8 – paragraph 2 – point g a (new)

(ga) the degree to which the trader has cooperated with Member States´ authorities in order to remedy the consequences of the infringement and to mitigate the potential adverse effects thereof.

2018/10/01
Committee: IMCO

Jasenko SELIMOVIC

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1

Directive 1998/06/EC
Article 8 – paragraph 2 a (new)

2a. Member States shall exercise powers set out in this Article proportionately ,efficiently and effectively in accordance with Union law, including the principles of the Charter of Fundamental Rights of the European Union, applicable procedural safeguards and the Union rules on data protection, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council*, and national law. __________________ * Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

2018/10/01
Committee: IMCO