Activities of Olle SCHMIDT related to 2008/0196(COD)
Plenary speeches (1)
Explanations of vote
Amendments (12)
Amendment 6 #
Proposal for a directive
Recital 11
Recital 11
(11) The existing Community legislation on consumer financial services contains numerous rules on consumer protection. For this reason tThe provisions of this Directive cover contracts relating to financial services only insofar as this is necessary to fill the regulatory gapsshould cover credit agreements involving amounts less than EUR 200 or more than EUR 75 000, not included in Directive 2008/48/EC.
Amendment 8 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) In order to enable consumers to make their decisions in full knowledge of the facts, they should receive adequate information, which the consumer may take away and consider, prior to the conclusion of the credit agreement, on the conditions and cost of the credit and on their obligations.
Amendment 9 #
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11b) In the future, when reviewing existing legislation on financial services, the Commission should take a horizontal approach regarding financial services for consumers.
Amendment 11 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The importance of European markets for online digital content is increasing and therefore it should be clear that goods referred to in this Directive also include digital products, such as downloads and software.
Amendment 12 #
Proposal for a directive
Recital 39
Recital 39
(39) The trader should be liable to the consumer if the goods are not in conformity with the contract. The goods should be presumed to be in conformity with the contract if they satisfy a number of conditions concerning mainly the qualities of the goods. The quality and performance which consumers can reasonably expect will depend inter alia on whether the goods are new or second-hand as well as on the expected life-span of the goods. Where it is particularly difficult to detect a lack of conformity in certain goods, such as construction material, an extended period of insuring goods for the trader is required.
Amendment 13 #
Proposal for a directive
Recital 57 a (new)
Recital 57 a (new)
(57a) The Commission should ensure the availability of out-of-court complaints and a collective redress mechanism for European consumers. This would increase consumer confidence and facilitate the possibility for consumers to handle complaints of a less serious nature and involving smaller amounts.
Amendment 14 #
Proposal for a directive
Recital 60 a (new)
Recital 60 a (new)
(60a) To ensure a high level of consumer protection and fair conditions of trade as well as a level playing field for entrepreneurs across the single market, the Commission should investigate and develop the use of independent methods of alternative dispute resolution, such as the Nordic ombudsman model, at the Union level and in all Member States.
Amendment 21 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
Insofar as it is not harmonised in this Directive, the rules do not affect national law in the area of general contract law regulating the conclusions or validity of a contract, or the rights of the contracting parties to terminate a contract on the basis of a breach of contract.
Amendment 29 #
Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) the total cost of the credit to the consumer, comprising all the costs and including (i) the borrowing rate, fixed or variable or both, together with particulars of any charges included in the total cost of the credit to the consumer; (ii) the total amount of credit; (iii) the annual percentage rate of charge, and (iv) the duration of the credit agreement;
Amendment 35 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide at least the information regarding the main characteristics of the product and the total price referred to in Articles 5(1)(a), (c) and (ca) on that particular medium prior to the conclusion of such a contract. The other information referred to in Articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1.
Amendment 57 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. When the trader has remedied the lack of conformity by replacementre a good, in accordance with Article 24(2)(b) and (c), is not fit for a particular purpose for which the consumer requires it or for the purpose for which goods of the same type are normally used, the trader shall be held liable under Article 25 where the lack of conformity becomes apparent within twoen years as from the time the consumer or a third party indicated by the consumer has acquired the material possessirisk passed on tof the replaced goodsconsumer.
Amendment 63 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 1 a (new)
Article 31 – paragraph 3 – subparagraph 1 a (new)
In order to ensure full transparency, the consumer shall be provided with information concerning the borrowing rate, fixed or variable or both, together with particulars of any charges included in the total cost of the credit to the consumer, the total amount of credit, the annual percentage rate of charge and the duration of the credit agreement, both at a pre-contractual stage and when the credit agreement is concluded.