Activities of Antolín SÁNCHEZ PRESEDO related to 2008/0196(COD)
Plenary speeches (1)
Consumer rights (debate)
Amendments (9)
Amendment 4 #
Proposal for a directive
Recital 8
Recital 8
(8) Full harmonisation of some key regulatory aspects willUnless otherwise specified and in accordance with Article 169 of the Treaty on the Functioning of the European Union, the measures laid out in the present directive should not prevent Member States from maintaining or introducing measures providing for a higher level of consumer protection. However, full harmonisation of some key regulatory aspects is justified to ensure a consistent framework of consumer protection across the European Union and to considerably increase legal certainty for both consumers and business. B in cross border transactions. In these cases, both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business-to-consumer contracts across the Community. The effect will bshould be that consumers enjoy a high common level of protection across the European Unions, contribute to eliminate the barriers stemming from the inadequate fragmentation of the rules and to complete the internal market in this area. These barriers can only be eliminated by establishing uniform rules at Community level. Furthermore consumers will enjoy a high common level of protection across the Community.
Amendment 5 #
Proposal for a directive
Recital 11
Recital 11
(11) TWhilst the existing Community legislation on consumer financial services contains numerous rules on consumer protection. For this reason the provisions of this Directive cover contracts relating to financial services only insofar as this is necessary to fill the regulatory gaps, consumers in the field of financial services should profit of the measures provided in the present directive insofar as this is necessary to fill the regulatory gaps. These measures should also apply horizontally where a higher level of consumer protection that the one provided in the special financial national or EU legislation is granted.
Amendment 10 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The Union should aim to achieve a European Charter of Consumer Rights in the field of financial services. The Charter should bring together and simplify all existing provisions, specify rights such as access to information, control of own financial records, adequate advice and consumer education, promote financial inclusion, incorporate best practices from Member States, facilitate collective redress and encourage stakeholder's participation. Additionally, an annual report should evaluate the fulfilment across the Union of the measures provided for in the Charter.
Amendment 15 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
The purpose of this Directive is to contribute to the proper functioning of the internal market and achieve a high level of consumer protectionachieve a high level of consumer protection ensuring the proper functioning of the internal market by approximating certain aspects of the laws, regulations and administrative provisions of the Member States concerning contracts between consumers and traders.
Amendment 16 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'trader' means any natural or legal person who, in contracts covered by this Directive, is acting for purposes relating to his trade, business, craft or profession and anyone acting in the name of or on behalf of a trader; in the case of financial services, the special requirements provided for in the EU sectorial financial legislation should be regarded;
Amendment 17 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive shall only apply to financial services as regards certain off- premises contracts as provided for by Articles 8 to 20, unfair contract terms as provided for by Articles 30 to 39 and general provisions aswithout prejudice to national or EU special financial legislation provideding for by Articles 40 to 46, read in conjunction with Article 4 on full harmonisaa higher level of consumer protection.
Amendment 26 #
Proposal for a directive
Article 4
Article 4
Amendment 31 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
Amendment 67 #
Proposal for a directive
Article 45
Article 45
The consumer shall be exempted from the provision of any consideration in cases of unsolicited supply of a product as prohibited by Article 5(5) and point 29 of Annex I of Directive 2005/29/EC. The absence of a response from the consumer following such an unsolicited supply shall not constitute consent. Not withstanding the right of objection of employees, this shall not prevent employers from automatically enrolling employees into their workforce pension schemes if this was out on employers contributions. It should also not prevent the tacit renewal of insurance, credit and other financial contracts whereby they are automatically renewed upon expiry following explicit contract provisions.