Activities of Zuzana ROITHOVÁ related to 2008/0196(COD)
Plenary speeches (2)
Explanations of vote
Consumer rights (debate)
Amendments (55)
Amendment 283 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Digital goods transmitted to the consumer in a digital format, where the consumer obtains the permanent possibility of use should be treated as goods for the application of the provisions applying to sales contracts.
Amendment 290 #
Proposal for a directive
Recital 16
Recital 16
(16) The definition of dDurable mediuma should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of theisks of computers on which the electronic mail or a pdf file is, internet websites or files are stored.
Amendment 296 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Member States may maintain or extend the application of the rules of this Directive to legal or natural persons which are not 'consumers' in the meaning of the article 2, paragraph 1, such as for example NGOs, start-ups or SMEs.
Amendment 370 #
Proposal for a directive
Recital 47
Recital 47
(47) Consumer contracts should be drafted in plain, intelligible language and be legible. Tradhe contract terms should be free to choose the font type or size in which the contract terms are draftedhave to be drafted in the same font size. The consumer should be given an opportunity to read the terms before concluding the contract. This opportunity could be given to the consumer by providing him with the terms on request (for on-premises contracts) or making those terms otherwise available (e.g. on the trader's website in respect of distance contracts) or attaching standard terms to the order form (in respect of off-premises contracts). The trader should seek the consumer's express consent to any payment in addition to the remuneration for the trader's main contractual obligation. Inferring consent by using opt-out systems, such as pre-ticked boxes online should be prohibited.
Amendment 409 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) "consumer" means any natural person who, in contracts covered by this Directive, is acting for purposes which are primarily outside his trade, business, craft or profession;
Amendment 428 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – introductory part
Article 2 – paragraph 1 – point 4 – introductory part
(4) "“goods" ”means any tangible movable item, with the exception of:or intangible item, including water, gas and electricity with the exception of goods sold by way of execution or otherwise by authority of law.
Amendment 434 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Amendment 437 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point b
Article 2 – paragraph 1 – point 4 – point b
Amendment 442 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point c
Article 2 – paragraph 1 – point 4 – point c
Amendment 451 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) "distance contract' means any sales or service contract where the trader, for the conclusion of the contract, makescontract for the provision of a good or service concluded between a trader and a consumer under a distance sales or service-provision scheme where the trader and the consumer, for the conclusion of the contract, are not simultaneously physically present, but, rather, make exclusive use of one or more means of distance communication;
Amendment 479 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point b a (new)
Article 2 – paragraph 1 – point 8 – point b a (new)
(ba) concluded during the excursion of the trader with the aim of promoting and selling goods or services acquired by the consumer.
Amendment 487 #
Proposal for a directive
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Amendment 569 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Prior to the conclusion of any sales or services contract, the trader shall provide the consumer with the following information, if not already apparent from the contextinformation about the goods or services that the consumer can reasonably expect taking into account the specific circumstances of the contract and related advertisements, including the following:
Amendment 589 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the final price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable; if applicable the percentage of the price that is due to private copying levy on equipment or blank media. In case of an open-ended contract, the final price shall mean the total monthly costs.
Amendment 613 #
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence, or the absence thereof, of a right of withdrawal, where applicableand the conditions and procedures fore exercising that right including the eventual costs of return of the goods, in accordance with Annex I;
Amendment 627 #
Proposal for a directive
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) clarification as to who bears the costs of the return of goods after withdrawal, where applicable;
Amendment 628 #
Proposal for a directive
Article 5 – paragraph 1 – point e b (new)
Article 5 – paragraph 1 – point e b (new)
(eb) information about the financial guarantees to recover payments made in advance, in case of withdrawal or cancellation;
Amendment 629 #
Proposal for a directive
Article 5 – paragraph 1 – point e c (new)
Article 5 – paragraph 1 – point e c (new)
(ec) the existence of codes of conduct and how they can be obtained, where applicable;
Amendment 639 #
Proposal for a directive
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) the duration of the contract where applicable or if the contract is open-ended or automatically renewable, the conditions for terminating the contract;
Amendment 656 #
Proposal for a directive
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) the application of technical protection measures for digital products, where applicable;
Amendment 657 #
Proposal for a directive
Article 5 – paragraph 1 – point i b (new)
Article 5 – paragraph 1 – point i b (new)
(ib) the interoperability of digital products with hardware and software according to what the trader is aware of or can reasonably have been aware of, including any lack of interoperability.
Amendment 679 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The trader bears the burden of proof that he has provided the information required by this Article.
Amendment 680 #
Proposal for a directive
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3b. The information provided according to this Article shall be given in plain, intelligible language, be legible and in the same font size.
Amendment 681 #
Proposal for a directive
Article 5 – paragraph 3 c (new)
Article 5 – paragraph 3 c (new)
3c. Where the trader engages in the conclusion of sales or service contracts with a clearly identifiable group of consumers who are particularly vulnerable to the commercial practice or the underlying product because of their mental or physical infirmity, age or credulity in a way which the trader could reasonably be expected to foresee, the information to be provided under this Article shall be provided in language, which is plain and intelligible for the average member of that group.
Amendment 682 #
Proposal for a directive
Article 5 – paragraph 3 d (new)
Article 5 – paragraph 3 d (new)
3d. This Article shall not affect information requirements imposed on traders on the basis of specific Community legislation.
Amendment 740 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. With respect to off-premises contracts, the information provided for in Article 9 shall be given in the order form in plain and intelligible language and, be legible and in the same font size. The order form shall include the standard withdrawal form set out in Annex I(B). (This amendment applies throughout the text - instead of "legible" stands "legible and in the same font size".)
Amendment 962 #
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
Amendment 1009 #
Proposal for a directive
Article 19 – paragraph 1 – point h
Article 19 – paragraph 1 – point h
Amendment 1047 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 1053 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Amendment 1114 #
Proposal for a directive
Article 22 a (new)
Article 22 a (new)
Article 22a Right to delivery of goods or supply of services to another Member State In the case of a distance contract, the consumer shall be entitled to require the trader to deliver the goods or supply the service to another Member State. The trader is required to meet the consumer's request if this is technically feasible and if the consumer is prepared to bear all the related costs. The trader must in all cases state these costs in advance.
Amendment 1229 #
Proposal for a directive
Article 26 – paragraph 1 c (new)
Article 26 – paragraph 1 c (new)
1c. With regard to digital goods, when technical problems may cause the download to be delayed or not delivered within a reasonable period or prevented from downloading, the consumer is entitled to a replacement or refund of the digital content.
Amendment 1288 #
Proposal for a directive
Article 26 – paragraph 4 – point d
Article 26 – paragraph 4 – point d
(d) the same or another similar defect has reappeared more than once within a short period of timeafter the good was repaired or replaced.
Amendment 1335 #
Proposal for a directive
Article 28 – paragraph 1 b (new)
Article 28 – paragraph 1 b (new)
1b. When the trader has remedied the lack of conformity by repair, the periods provided in paragraph 1 shall be suspended by the period of time during which the goods were not in the physical possession of the consumer due to the repair.
Amendment 1336 #
Proposal for a directive
Article 28 – paragraph 1 c (new)
Article 28 – paragraph 1 c (new)
1c. In the case of certain durable goods, such as building materials or motor vehicles, etc., Member States may lay down a longer time limit than the period specified in paragraph 1.
Amendment 1382 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement or if the guarantee statement is of disadvantage compared to the advertising on the commercial guarantee, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.
Amendment 1390 #
Proposal for a directive
Article 29 – paragraph 2 – introductory part
Article 29 – paragraph 2 – introductory part
2. The guarantee statement shall be drafted in plain intelligible language and be legible, be legible and in the same font size. The guarantee shall be drafted in the language of the contract. It shall include the following:
Amendment 1401 #
Proposal for a directive
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable,include the information that the commercial guarantee cannot be transferred to a subsequent buyer.
Amendment 1402 #
Proposal for a directive
Article 29 – paragraph 2 – point c a (new)
Article 29 – paragraph 2 – point c a (new)
(ca) include the information that maintenance services and spare parts will be available up 5 years as from the time of the conclusion of the contract.
Amendment 1412 #
Proposal for a directive
Article 29 b (new)
Article 29 b (new)
Direct producer's liability 1. The producer is liable towards the consumer to repair or replace the goods for any lack of conformity that existed at the date of the purchase. 2. The producer shall repair or replace the goods, at his choice, at the latest 30 days after having been notified of the lack of conformity without prejudice to article 28 paragraph 1.
Amendment 1420 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. This Chapter shall apply to contract terms drafted in advance by the trader or a third party, which the consumer agreed to without having the possibility of influencing their content, in particular where such contract terms are part of a pre-formulated standard contractall written and oral contracts concluded between a trader or a third party and a consumer, irrespective of whether they have been individually or collectively negotiated.
Amendment 1428 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 1432 #
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 1437 #
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Contract terms shall be expressed in plain, intelligible language and be legible. , be legible, in the same font size, easily and permanently accessible; they should be provided in the language in which the contract is concluded.
Amendment 1441 #
Proposal for a directive
Article 31 – paragraph 1 c (new)
Article 31 – paragraph 1 c (new)
1c. A contract term which has been supplied by the trader in breach of the duty of transparency according to this article shall on that ground alone be considered unfair.
Amendment 1449 #
Proposal for a directive
Article 31 – paragraph 2 c (new)
Article 31 – paragraph 2 c (new)
2c. The contract terms shall be presented at a place where a consumer reasonably expects to find them.
Amendment 1455 #
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 1470 #
Proposal for a directive
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1a. When assessing the fairness of a contract term, the competent court or national authority shall take into account the manner in which the contract term has been communicated to a consumer by the trader and, where applicable, the manner in which it was drafted, in accordance with Article 31(1) and (2).
Amendment 1472 #
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Without prejudice to Articles 34 and 38, the unfairness of a contract term shall be assessed, taking into account the nature of the products for which the contract was concluded and by referring, at the time of the conclusion of the contract, to all the circumstances attendingto all the circumstances occurring before, during and after the conclusion and to all the other terms of the contract or of another contract on which the former is dependent. When assessing the fairness of a contract term, the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with Article 31.
Amendment 1480 #
Proposal for a directive
Article 32 – paragraph 3 d (new)
Article 32 – paragraph 3 d (new)
3d. Where the contract is concluded for the acquisition of digital goods, the terms of use are not considered as the subject matter of the contract.
Amendment 1484 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
Where the trader claims that a contract term has been individually negotiatedcompliant with the transparency requirements of article 31, the burden of proof shall be incumbent on him.
Amendment 1517 #
Proposal for a directive
Article 40 a (new)
Article 40 a (new)
The rights resulting from this Directive shall be exercised without prejudice to other rights which the consumer may invoke under the national rules governing contractual or non-contractual liability.
Amendment 1534 #
Proposal for a directive
Article 46 a (new)
Article 46 a (new)
Where Member States maintain or introduce more stringent provisions to ensure a higher level of consumer protection in the field harmonised by this directive, these provisions must be compatible with the Treaty and must be notified to the Commission. The Commission shall make that information public on a website.
Amendment 1583 #
Proposal for a directive
Annex 3 – paragraph 1 – point l c (new)
Annex 3 – paragraph 1 – point l c (new)
(lc) enabling the trader to limit the agreed performance of the product or to unduly limit the interoperability of digital products with hardware and software;
Amendment 1584 #
Proposal for a directive
Annex 3 – paragraph 1 – point l d (new)
Annex 3 – paragraph 1 – point l d (new)
(ld) restricting the use of digital products permitted under copyright law;