9 Amendments of Arlene McCARTHY related to 2008/0196(COD)
Amendment 134 #
Proposal for a directive
Recital 49
Recital 49
(49) For the purposes of this Directive, neither the fairness of terms which describe the main subject matter of the contract, nor the quality/price ratio of the goods or services supplied should be assessed unless these terms did not meet transparency requirements. The main subject matter of the contract and the price/quality ratio should nevertheless be taken into account in assessing the fairness of other terms. For example, in insurance contracts, the terms which clearly define or circumscribe the insured risk and the insurer's liability should not be subject to such an assessment since these restrictions are taken into account in calculating the premium paid by the consumer. This exclusion does not apply to the remuneration foreseen for the trader from ancillary or contingent charges set out in the contract, including fees or charges for breaching any of the terms of the contract, which should be fully subject to the fairness test.
Amendment 136 #
Proposal for a directive
Recital 50 a (new)
Recital 50 a (new)
Amendment 347 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 349 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. In the case of second-hand goods, the trader and the consumer may agree on a shorterdefined liability period, which may not be less than onetwo years.
Amendment 353 #
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Unless proved otherwise, any lack of conformity which becomes apparent within six monthtwo years of the time when the risk passed to the consumer, shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.
Amendment 354 #
Proposal for a directive
Article 28 – paragraph 5 a (new)
Article 28 – paragraph 5 a (new)
5a. When the trader has remedied the lack of conformity by replacement, any lack of conformity which becomes apparent within two years of the time when the risk passed back to the consumer, shall be presumed to have existed at that time unless proved otherwise or unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.
Amendment 384 #
Proposal for a directive
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Paragraphs 1 and 2 shall not apply to the assessment of the main subject matter of the contract or to the adequacy of the remuneration foreseen for the trader's main contractual obligation, provided that the trader fully complies with Article 31. This exclusion does not apply to the remuneration foreseen for the trader from ancillary or contingent charges set out in the contract.
Amendment 411 #
Proposal for a directive
Annex 3 – paragraph 1 – point c a (new)
Annex 3 – paragraph 1 – point c a (new)
(ca) requiring a consumer to purchase ancillary goods or services not advertised in the price of the main contract;
Amendment 412 #
Proposal for a directive
Annex 3 – paragraph 1 – point c b (new)
Annex 3 – paragraph 1 – point c b (new)
(cb) applying contingent charges, such as penalties for breaching the contract terms, that are clearly disproportionate to the costs incurred by the trader due to the breach of terms;