Activities of Eugen JURZYCA related to 2022/0147(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/83/EU concerning financial services contracts concluded at a distance and repealing Directive 2002/65/EC
Amendments (77)
Amendment 15 #
Proposal for a directive
Recital 3
Recital 3
(3) Within the framework of the internal market, in order to safeguard freedom of choice, a high degree of consumer protection in the area of financial services contracts concluded at a distance is required in order to enhance consumer welfare and confidence in distance selling.
Amendment 19 #
Proposal for a directive
Recital 6
Recital 6
(6) Digitalisation has contributed to market developments that were not foreseen at the time of the adoption of Directive 2002/65/EC. In fact, the rapid technological developments since then have brought significant changes to the financial services market. Although many sector specific acts have been adopted on the Union level, financial services offered to consumers have evolved and diversified considerably. New products have appeared, in particular in the online environment, and their use continues to develop, often in a fast and unpredicted manner. In this regard, the horizontal application of Directive 2002/65/EC remains relevant. The application of Directive 2002/65/EC to consumer financial services not regulated by sector specific Union legislation has meant that, a set of harmonised rules apply to the benefit of consumers and traders. This ‘safety net’ feature, contributes to ensuring a highn adequate level of consumer protection while ensuring a level playing field among traders.
Amendment 20 #
Proposal for a directive
Recital 10
Recital 10
(10) While not all the provisions of Directive 2011/83/EU should apply to financial services contracts concluded at a distance due to the specific nature of those services, a number of provisions of Directive 2011/83/EU, such as relevant definitions, rules on additional payments, on enforcement and penalties, should also apply to financial services contracts concluded at a distance. The application of those provisions ensures complementarity between the different types of contracts concluded at a distance. The extension of the application of the rules on penalties of Directive 2011/83/EU will ensure that effective, proportionate and dissuasive fines are imposed on traders responsible for widespread infringements or widespread infringements with a Union dimension.
Amendment 21 #
Proposal for a directive
Recital 11
Recital 11
(11) A dedicated chapter in Directive 2011/83/EU should contain the still relevant and necessary rules of Directive 2002/65/EC, in particular concerning the right to pre-contractual information and the right to withdrawal, and rules ensuring online fairness when financial service contracts are concluded at a distance.
Amendment 22 #
Proposal for a directive
Recital 12
Recital 12
(12) Since distance financial services contracts are most commonly concluded by electronic means, rules on ensuring online fairness when financial services are contracted at a distance should contribute to the achievement of the goals laid down in Article 114 TFEU and Article 38 of the Charter of the Fundamental Rights of the EU. The rule on adequate explanations should ensure added transparency and provide the consumer with the possibility to request human intervention when he or she interacts with the trader through online interfaces, such as a chatbox or similar tools. The trader should be prohibited to deploy measures in his or her online, roboadvice, interface that could distort or impair the consumers’ ability to make a free, autonomous and informed decision or choicetive or similar tools.
Amendment 24 #
Proposal for a directive
Recital 13
Recital 13
(13) Certain consumer financial services are governed by specific Union acts, which continue to apply to those financial services. In order to ensure legal certainty and avoid duplication of the obligations, it should be clarified that where another Union act governing specific financial services contains rules on pre-contractual information or on the exercise of the right of withdrawal, only the respective provisions of those other Union acts should apply to those specific consumer financial services unless provided otherwise in those acts. For instance, when Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council applies, it should be up to the Member State to decide whether to apply either a reflection period or a right of withdrawal to consumer mortgage credit agreements and so the rules on the right of withdrawal laid down in this Directive do not apply. When Article 186 of Directive 2009/138/EC of the European Parliament and of the Council19 applies, the rules concerning the 'cancellation period' laid down in Directive 2009/138/EC apply and not the rules on the right of withdrawal laid down in this Directive and when Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council20 applies, the rules on the right of withdrawal under this Directive should not apply. Likewise, certain Union acts governing specific financial services21 contain extensive and developed rules designed to ensure that consumers are able to understand the essential characteristics of the proposed contract. Furthermore, certain Union acts governing specific financial services, such as Directive 2014/17/EU on credit agreements for consumers relating to residential immovable property22 , already lay down rules on adequate explanations to be provided by the traders to the consumers with respect to the proposed contract. In order to ensure legal certainty, the rules on adequate explanations set out in this Directive should not apply to financial services falling under Union acts governing specific financial services that contain rules on the information to be provided to the consumer prior to the conclusion of the contract. __________________ 19 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). 20 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). 21 Such as, Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan- European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1), Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349), Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19), Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214) 22 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34)
Amendment 27 #
Proposal for a directive
Recital 17
Recital 17
(17) The use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. In the interests of transparency, requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. In order to be able to make their decisions in full knowledge of the facts, consumers should receive the information at least one day prior to the conclusion of the distance contract. Only in exceptional cases can the information be provided less than a day before the conclusion of the distance contract for financial service. In case the contract is concluded less than one day before, the trader, within the established timeframe, should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service.
Amendment 30 #
Proposal for a directive
Recital 18
Recital 18
(18) The information requirements should be modernised and updated to include, for example, the email address of the trader or other safe electronic means of communication and the information on the risk and reward related to certain consumer financial services. Consumers should also be clearly informed when the price presented to them is personalised on the basis of automated processing.
Amendment 31 #
Proposal for a directive
Recital 20
Recital 20
Amendment 34 #
Proposal for a directive
Recital 25
Recital 25
(25) For distance contracts concluded by electronic means, the trader shcould provide the consumer with the possibility to use a withdrawal button. In order for ensure the effective use of the withdrawal button, the trader should ensure that it is visible and, when the consumer uses the button, the trader should adequately document its use. In order to avoid the unintended use of the withdrawal button by the consumer, the confirmation should be preceded by f.e. the control warning or be accompanied by other safeguard.
Amendment 34 #
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2002/65/EC of the European Parliament and of the Council17 laysid down rules at Union level concerning the distance marketing of consumer financial services. At the same time Directive 2011/83/EU of the European Parliament and of the Council18 lays down, amongst other, rules applicable to distance contracts for the sale of goods and provision of services concluded between a trader and a consumer. _________________ 17 Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ L 271, 9.10.2002, p. 16). 18 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC (OJ L 304, 22.11.2011, p. 64).
Amendment 36 #
Proposal for a directive
Recital 3
Recital 3
(3) Within the framework of the internal market, in order to safeguard freedom of choice, a high degree of consumer protection in the area of financial services contracts concluded at a distance is required in order to enhance consumer welfare and confidence in distance selling.
Amendment 39 #
Proposal for a directive
Recital 26
Recital 26
(26) Consumers may need assistance in order to decide which financial service is the most appropriate for his or her needs and financial situation. Therefore, Member States should ensure that before the conclusion of a financial service contract at a distance, traders should provide such assistance in relation to the financial services which they offer to the consumer, by providing adequate explanations about the relevant information, including the essential characteristics of the products proposed. The obligation of providing adequate explanations is particularly important when consumers intend to conclude a financial service contract at a distance and the trader provides explanations through online tools. In order to ensure that the consumer understands the effects that the contract may have on his or her economic situation, the consumer should always be able to obtain human intervention on behalf of the trader. The human intervention could be limited, for example, to the opening hours of the trader.
Amendment 40 #
Proposal for a directive
Recital 6
Recital 6
(6) Digitalisation has contributed to market developments that were not foreseen at the time of the adoption of Directive 2002/65/EC. In fact, the rapid technological developments since then have brought significant changes to the financial services market. Although many sector specific acts have been adopted on the Union level, financial services offered to consumers have evolved and diversified considerably. New products have appeared, in particular in the online environment, and their use continues to develop, often in a fast and unpredicted manner. In this regard, the horizontal application of Directive 2002/65/EC remains relevant. The application of Directive 2002/65/EC to consumer financial services not regulated by sector specific Union legislation has meant that, a set of harmonised rules apply to the benefit of consumers and traders. This ‘safety net’ feature, contributes to ensuring a highn adequate level of consumer protection while ensuring a level playing field among traders.
Amendment 41 #
Proposal for a directive
Recital 27
Recital 27
Amendment 45 #
Proposal for a directive
Recital 10
Recital 10
(10) While not all the provisions of Directive 2011/83/EU should apply to financial services contracts concluded at a distance due to the specific nature of those services, a number of provisions of Directive 2011/83/EU, such as relevant definitions, rules on additional payments, on enforcement and certain provisions on penalties, should also apply to financial services contracts concluded at a distance. The application of those provisions ensures complementarity between the different types of contracts concluded at a distance. The extension of the application of the rules on penalties of Directive 2011/83/EU will ensure that effective, proportionate and dissuasive fines are imposed on traders responsible for widespread infringements or widespread infringements with a Union dimension.
Amendment 48 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 1
Article 3 – paragraph 1b – subparagraph 1
‘(1b) ‘Articles 1 and 2, Article 3(2), (5) and (6), Article 4, Articles 16a to 16e, Article 19, Articles 21 to 23, Article 24(1), (2), (3) and (42) and Articles 25, 26 and 2630a shall apply to distance contracts concluded between a trader and a consumer for the supply of financial services.
Amendment 48 #
Proposal for a directive
Recital 11
Recital 11
(11) A dedicated chapter in Directive 2011/83/EU should contain the still relevant and necessary rules of Directive 2002/65/EC, in particular concerning the right to pre-contractual information and the right to withdrawal, and rules ensuring online fairness when financial service contracts are concluded at a distance.
Amendment 49 #
Proposal for a directive
Recital 12
Recital 12
(12) Since distance financial services contracts are most commonly concluded by electronic means, rules on ensuring online fairness when financial services are contracted at a distance should contribute to the achievement of the goals laid down in Article 114 TFEU and Article 38 of the Charter of the Fundamental Rights of the EU. The rule on adequate explanations should ensure added transparency and provideon whether the consumer withhas or does not have the possibility to request human intervention when he or she interacts with the trader, including when they interact through online interfaces, such as a chatbox, roboadvice, interactive or similar tools. The trader should be prohibited to deploy measures in his or her online interface that couldaim to distort or impair the consumers’ ability to make a free, autonomous and informed decision or choice.
Amendment 51 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 2 a (new)
Article 3 – paragraph 1b – subparagraph 2 a (new)
In case there is no initial service agreement but the successive operations or the separate operations of the same nature performed over time are performed between the same contractual parties, Article 16a applies only when the first operation is performed. Where, however, no operation of the same nature is performed for more than one year, the next operation will be deemed to be the first in a new series of operations and, accordingly, Articles 16a shall apply.
Amendment 55 #
(13) Certain consumer financial services are governed by specific Union acts, which continue to apply to those financial services. In order to ensure legal certainty and avoid duplicated obligations, it should be clarified that where another Union act governing specific financial services contains rules on pre-contractual information or on the exercise of the right of withdrawal, only the respective provisions of those other Union acts should apply to those specific consumer financial services unless provided otherwise in those acts. This Directive does not aim to amend or modify an existing sectoral legislation. For instance, when Article 186 of Directive 2009/138/EC of the European Parliament and of the Council19 applies, the rules concerning the 'cancellation period' laid down in Directive 2009/138/EC apply and not the rules on the right of withdrawal laid down in this Directive and when Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council20 applies, the rules on the right of withdrawal under this Directive should not apply. Likewise, certain Union acts governing specific financial services21 contain extensive and developed rules designed to ensure that consumers are able to understand the essential characteristics of the proposed contract Furthermore, certain Union acts governing specific financial services, such as Directive 2014/17/EU on credit agreements for consumers relating to residential immovable property22 , already lay down rules on adequate explanations to be provided by the traders to the consumers with respect to the proposed contract. In order to ensure legal certainty, the rules on adequate explanations set out in this Directive should not apply to financial services falling under Union acts governing specific financial services that contain rules on the information to be provided to the consumer prior to the conclusion of the contract. _________________ 19 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). 20 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). 21 Such as, Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan- European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1), Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349), Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19), Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214) 22 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34)
Amendment 58 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point b
Article 16a – paragraph 1 – point b
(b) the geographical address at which the trader is established as well as the trader’s telephone number, ands well as email address or other mean of safe electronic communication; in addition, where the trader provides other means of online communication which guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the trader on a durable medium, the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to contact the trader quickly and communicate with him efficientmmunicate with the trader effectively; where applicable, the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting;
Amendment 59 #
Proposal for a directive
Recital 17
Recital 17
(17) The use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. In the interests of transparency, requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. In order to be able to make their decisions in full knowledge of the facts, consumers should receive the information at least one day prior to the conclusion of the distance contract. Only in exceptional cases can the information be provided less than a day befin good time priore to the conclusion of the distance contract for financial service. In case the contract is concluded less than one day before, the trader, within the established timeframe, should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service.
Amendment 64 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point g
Article 16a – paragraph 1 – point g
(g) the total price to be paid by the consumer to the trader for the financial service, including all known related fees, charges and expenses, and all taxes paid via the trader or, when an exact price cannot be indicated, the basis for the calculation of the price enabling the consumer to verify it; the total price to be paid does not include the sanctions and enforcement, judicial and other fees in case of breach of the contract by the consumer;
Amendment 66 #
Proposal for a directive
Recital 18
Recital 18
(18) The information requirements should be modernised and updated to include, for example, the email address of the trader or other safe electronic means of communication and the information on the risk and reward related to certain consumer financial services. Consumers should also be clearly informed when the price presented to them is personalised on the basis of automated processing.
Amendment 67 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point h
Article 16a – paragraph 1 – point h
(h) where applicable the information, that the price was personalised on the basis of automated decision-making;
Amendment 69 #
Proposal for a directive
Recital 20
Recital 20
Amendment 72 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point o
Article 16a – paragraph 1 – point o
Amendment 74 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(p) the existence or absence of a right of withdrawal and, where the right of withdrawal exists, its duration and the conditions for exercising it including information on the amountdescription of fees and sanctions which the consumer may be required to pay, as well as the consequences of non-exercise of that right;
Amendment 75 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point s
Article 16a – paragraph 1 – point s
(s) practical instructions for exercising the right of withdrawal indicating, inter alia, the address or email address to which the notification of a withdrawal should be sent and for financial contracts concluded by electronic means,or information about the existence and placement of the withdrawal button, referred to in Article 16d;
Amendment 75 #
Proposal for a directive
Recital 25
Recital 25
(25) For distance contracts concluded by electronic means, the trader shouldmay provide the consumer with the possibility to use simple electronic means such as a withdrawal button. In order forto ensure the effective uexercise of the right of withdrawal button, the trader should ensure that it isthe information on the withdrawal right is clear, simple and visible and, when the consumer uses the button, the trader should adequately document its use. In order to avoid the unintended use of the right of withdrawal by the consumer, the trader may consider use of safeguards such as the prior control warning or identification.
Amendment 79 #
Proposal for a directive
Recital 26
Recital 26
(26) Consumers may need assistance in order to decide which financial service is the most appropriate for his or her needs and financial situation. Therefore, Member States should ensure that before the conclusion of a financial service contract at a distance, traders should provide such assistance in relation to the financial services which they offer to the consumer, by providing adequate explanations about the relevant information, including the essential characteristics of the products proposed. The obligation of providing adequate explanations is particularly important when consumers intend to conclude a financial service contract at a distance and the trader provides explanations through online tools. In order to ensure that the consumer understands the effects that the contract may have on his or her economic situation, the consumer should always be ableThe trader should inform the consumer about whether there is a possibility to obtain human intervention on behalf of the trader or not.
Amendment 80 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1a (new)
Article 16a – paragraph 1a (new)
1a. Information referred to in paragraph 1, points (a), (f), (g), and (p) shall be displayed on the first page in a prominent way.
Amendment 84 #
Proposal for a directive
Recital 27
Recital 27
(27) When concluding financial services contracts at a distance, traders should be prohibited to use the structure, design, function or manner of operation of their online interface in a way that couldaims to distort or impair consumers’ ability to make a free, autonomous and informed decision or choice.
Amendment 85 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
Amendment 91 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 3 – subparagraph 1
Article 16a – paragraph 3 – subparagraph 1
The trader shall provide the information referred to in paragraph 1 at least one day before the consumer is bound by any distance contract.
Amendment 92 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 3 – subparagraph 2
Article 16a – paragraph 3 – subparagraph 2
Amendment 93 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 1
Article 3 – paragraph 1b – subparagraph 1
‘Articles 1 and 2, Article 3(2), (5) and (6), Article 4, Articles 16a to 16e, Article 19, Articles 21 to 23, Article 24(1), (2), (3) and (4)2), and Articles 25, 26 and 2630a shall apply to distance contracts concluded between a trader and a consumer for the supply of financial services.
Amendment 94 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 2a (new)
Article 3 – paragraph 1b – subparagraph 2a (new)
In case there is no initial service agreement, but the successive operations or the separate operations of the same nature performed over time are performed between the same contractual parties, Article 16a applies only when the first operation is performed. Where, however, no operation of the same nature is performed for more than one year, the next operation will be deemed to be the first in a new series of operations and, accordingly, Article 16a shall apply.
Amendment 105 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 1 a (new)
Article 16b – paragraph 1 a (new)
1a. The right of withdrawal shall in any event lapse one year and 14 calendar days after the conclusion of the distance contract for financial services.
Amendment 106 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point b
Article 16a – paragraph 1 – point b
(b) the geographical address at which the trader is established as well as the trader’s telephone number, ands well as email address or other means of safe electronic communication; in addition, where the trader provides other means of online communication which guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the trader on a durable medium, the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to contact the trader quickly and communicate with him efficientmmunicate with trader effectively; where applicable, the trader shall also provide the geographical address identity and relevandt identity ofnformation about the trader on whose behalf he is acting;
Amendment 108 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point b
Article 16b – paragraph 2 – point b
(b) travel and baggage insurance policies or similaother short-term insurance policies of less than onetwo month's' s duration;
Amendment 109 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point c a (new)
Article 16b – paragraph 2 – point c a (new)
(ca) short-term contract of duration less than 1 month.
Amendment 110 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5
Article 16b – paragraph 5
Amendment 111 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 1
Article 16b – paragraph 5 – subparagraph 1
Member States shall ensuremay encourage the traders that, for distance contracts concluded by electronic means, beside other means to withdraw from the distance contract, the trader provides also a possibility to use a withdrawal button in order to facilitate the consumer’s exercise of the right of withdrawal. Such button shall be clearly labelled with the words ‘Withdraw from Contract’ or a corresponding unambiguous formulation. The validation of the withdrawal by using the withdrawal button shall be safeguarded, for example by the prior warning that another validation leads to final withdrawal of the contract.
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point n
Article 16a – paragraph 1 – point n
Amendment 114 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point o
Article 16a – paragraph 1 – point o
Amendment 116 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point p
Article 16a – paragraph 1 – point p
(p) the existence or absence of a right of withdrawal and, where the right of withdrawal exists, its duration and the conditions for exercising it including information on the amountdescription of fees and sanctions which the consumer may be required to pay, as well as the consequences of non-exercise of that right;
Amendment 117 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point s
Article 16a – paragraph 1 – point s
(s) practical instructions for exercising the right of withdrawal indicating, inter alia, the address or email address to which the notification of a withdrawal should be sent and for financial contracts concluded by electronic means, information about the existence and placementor other means of communication to which the notification of thea withdrawal button, referred to in Article 16dshould be sent;
Amendment 119 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 2
Article 16b – paragraph 5 – subparagraph 2
Amendment 119 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – subparagraph 2 (new)
Article 16a – paragraph 1 – subparagraph 2 (new)
Information referred to in points (a), (f), (g), and (p) shall be displayed on the first page in a prominent way.
Amendment 126 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16c – paragraph 1 – introductory part
Article 16c – paragraph 1 – introductory part
1. Where the consumer exercises the right of withdrawal under Article 16b, the consumer may only be required to pay, without any undue delayin accordance with paragraph 4, for the service actually provided by the trader in accordance with the distance contract. The amount payable shall not:
Amendment 126 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 1
Article 16a – paragraph 2 – subparagraph 1
In the case of distance communications, including telephone communicnversations, the identity of the trader and the commercial purpose of the call initiated by the trader shall be made explicitly clear at the beginning of any conversmmunication with the consumer.
Amendment 132 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d – paragraph 2
Article 16d – paragraph 2
Amendment 136 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d – paragraph 3
Article 16d – paragraph 3
3. Member States shall ensurecourage traders that, in case the trader uses online tools, the consumer shallmay have a right to request and obtain human intervention.
Amendment 137 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e
Article 16e
Additional protection regarding online Without prejudice to Directive 2005/29/EC of the European Parliament and of the Council24 and Council Directive 93/13/EEC25 , Member States shall adopt measures requiring that traders, when concluding financial services contracts at a distance, do not use the structure, design, function or manner of operation of their online interface in a way that could distort or impair consumers’ ability to make a free, autonomous and informed decision or choice. __________________ 24 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22). 25 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).rticle 16e deleted interfaces
Amendment 139 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 3 – subparagraph 1
Article 16a – paragraph 3 – subparagraph 1
The trader shall provide the information referred to in paragraph 1 at least one dayin good time before the consumer is bound by any distance contract.
Amendment 141 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 3 – subparagraph 2
Article 16a – paragraph 3 – subparagraph 2
Amendment 148 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2011/83/EU
Article 30
Article 30
Amendment 148 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Amendment 151 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
They shall apply those provisions from [the date after 2436 months from adoption].
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 1 – subparagraph 2a (new)
Article 16b – paragraph 1 – subparagraph 2a (new)
The right of withdrawal shall in any event lapse one year after the conclusion of the distance contract for financial services.
Amendment 168 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point b
Article 16b – paragraph 2 – point b
(b) travel and baggage insurance policies or similaother short-term insurance policies of less than onetwo month's' duration;
Amendment 169 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point c
Article 16b – paragraph 2 – point c
(c) contracts whose performance has been fully completed by both parties at the consumer's express request before the consumer exercises his right of withdrawal.
Amendment 170 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point ca (new)
Article 16b – paragraph 2 – point ca (new)
(c a) short-term contracts of duration less than one month.
Amendment 171 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 3
Article 16b – paragraph 3
3. The consumer shall have exercised his right of withdrawal within the withdrawal period referred to in paragraph 1 if the communication concerning the exercise of the right of withdrawal is sent or the withdrawal button referred to in paragraph 5 is activated by the consumer before that period has expired.
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 1
Article 16b – paragraph 5 – subparagraph 1
Amendment 179 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 2
Article 16b – paragraph 5 – subparagraph 2
The withdrawal buttoninformation on withdrawal and its exercise shall be placed in a prominent manner and permanently available during the entire withdrawal period, preferably, on the same electronic interface as the one used to conclude the distance contract. In addiThe obligation, the trader may also provide the withdrawal button through another channelo have the information on withdrawal available during the entire withdrawal period on the same electronic interface as the one used to conclude the distance contract shall not apply when the trader changes a platform or the rights and obligations of the trader are ceased to another entity.
Amendment 181 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 3
Article 16b – paragraph 5 – subparagraph 3
The trader shall ensure that the activationexercise of the withdrawal buttonright results in an instant confirmation notice to the consumer that the right of withdrawal has been exercised, which shall include the date and time of the exercise of the right of withdrawal. Confirmation of the exercise of the right of withdrawal shall be provided by the trader to the consumer on a durable medium.
Amendment 185 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d – paragraph 2
Article 16d – paragraph 2
Amendment 187 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d – paragraph 3
Article 16d – paragraph 3
3. Member States shall ensurcourage that, in case the trader uses online tools, the consumer shall have a rightmay have a right to request and obtain human intervention. The trader shall inform the consumer in a clear and simple way whether there is a possibility to request and obtain human intervention.
Amendment 191 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e
Article 16e
Amendment 196 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e
Article 16e
Without prejudice to Directive 2005/29/EC of the European Parliament and of the Council24 and Council Directive 93/13/EEC25 , Member States shall adopt measures requiring that traders, when concluding financial services contracts at a distance, do not use the structure, design, function or mannerthe trader shall not design, organise ofr operation ofe their online interface in a way that coulddeceives or manipulates the consumer or in a way that otherwise materially distorts or impair consumers’ abilitys the ability of the consumer to make a free, autonomous and informed decision or choices. _________________ 24 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22). 25 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
Amendment 199 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e – subparagraph 1b (new)
Article 16e – subparagraph 1b (new)
The Commission shall annually publish the list of national measures in force adopted by the Member States in relation to this Article, starting from [30 months from the adoption of this Directive].
Amendment 200 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e – subparagraph 1c (new)
Article 16e – subparagraph 1c (new)
In cooperation with relevant stakeholders, including consumers and traders and no later than 12 months after entry into force of this Directive, the Commission shall prepare the guidelines on how paragraph 1 applies to specific practices, notably: (a) giving more prominence to certain choices when asking the consumer for a decision; (b) repeatedly requesting that the consumer make a choice where that choice has already been made, especially by presenting pop-ups that interfere with the consumer´s experience; (c) making the procedure for terminating a contract more difficult than concluding it.
Amendment 206 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 30a (new)
Article 30a (new)
Amendment 211 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
They shall apply those provisions from [the date after 2436 months from adoption].