62 Amendments of Liisa JAAKONSAARI related to 2015/0288(COD)
Amendment 69 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain aspects concerning contracts for the online and other distance sales of goodssales of goods and repealing Directive 1999/44/EC (Text with EEA relevance)
Amendment 78 #
Proposal for a directive
Recital 2
Recital 2
(2) For the achievement of a genuine digital single market, the harmonisation of certain aspects concerning contracts for sales of goods, taking as a base a high level of consumer protection, while recognising Member States' competences within the Union, is necessary.
Amendment 81 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) Differences in national mandatory consumer contract law rules are an essential pre-condition for a learning process within the Union, whereas a maximum harmonisation approach would bear the risk of making contractual law non-responsive to swift technological or behavioural developments and changes. This is because maximum harmonisation would prevent Member States from adopting more stringent rules in their national laws and would thus prevent them from quickly and adequately responding to new business practices detrimental to consumers. Sellers willing to trade goods cross-border would benefit highly from the Union's harmonisation efforts, despite a minimum harmonisation approach. This gives the Union the opportunity to harmonise this area of law and set common (high) standards, while acknowledging that Member States may want to maintain certain national provisions. Business-to-business transactions are regulated differently in each Member State and should remain outside the scope of this Directive;
Amendment 100 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to remedy those problems, businesses and consumers should be able to rely on a set of fully harmonised, targeted rules for the online and other distance sales of goods. Uniform rules are necessary in relation to several essential elements of consumer contract law which under the current minimum harmonisation approach led to disparities and trade barriers across the Unioncommon high standards for the sales of goods setting out Union- wide contractual rights which create an equal playing field for various actors.
Amendment 110 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Minimum standards on a high level of consumer protection set out in this Directive should prevent obstructions of the four freedoms in the area of the supply of digital content and digital services while leaving room for national deviations in specific matters and without endangering the harmony of national contractual law.
Amendment 112 #
Proposal for a directive
Recital 10
Recital 10
(10) Increased competition among retailers is likely to result in wider choices at more competitive prices being offered to consumers. Consumers will benefit from a high level of consumer protection and welfare gains through targeted fully harmonised rules. This in turn would increase their trust in the cross-border commerce at a distance and in particular online. Consumers will more confidently buy at a distance cross-border knowing they would enjoy the same rights across the Union.
Amendment 118 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive covers rules applicable to the online and other distance sales of goods only in relation to key contract elements needed to overcome contract-law related barriers in the Digital Single Market. For this purpose, rules on conformity requirements, remedies available to consumers for lack of conformity of the goods with the contract and modalities for their exercise should be fully harmonised at a minimum level and the level of consumer protection as compared to Directive 1999/44/EC, should be increased.
Amendment 123 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) This Directive should also apply to dual purpose contracts, where the contract is concluded for purposes partly within and partly outside the person's trade and the trade purpose is marginal within the overall context of the contract, so that that person should also be considered a consumer.
Amendment 124 #
Proposal for a directive
Recital 13
Recital 13
(13) This Directive should not apply to goods like DVDs and CDs incorporating digital content in such a way that the goods function only as a carrier of the digital content. However, this Directive should apply to digital contentdigital content or digital services integrated in goods such as household appliances, toys or stoyrage devices where the digital content is embedded in such a way that its functions are subordinate to the main functionalities of the goods and it operates as an integral part of the goods and cannot be uninstalled easily by the consumer, unless the seller proves that the lack of conformity lies in the hardware of the goods.
Amendment 132 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) This Directive should not affect national laws governing the conditions under which a contract for the sale of goods is considered to be linked with or ancillary to another contract which the consumer has concluded with the same seller or another seller, and the effect those national laws have on either contract or on the remedies to be exercised under either contract. Member States should also be free to determine the nature of such contracts, which could be, inter alia, sales, services, rental or sui generis contracts.
Amendment 139 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to provide clarity as to what a consumer can expect from the goods and what the seller would be liable for in case of failure to deliver what is expected, it is essential to fully harmonise rules for determining the conformity with the contract. Aapplying a combination of subjective and objective criteria shouldto safeguard legitimate interests of both partiesconsumer and seller to a sales contract. Conformity with the contract should be assessed by taking into account not only requirements which have actually been set in the contract - including in pre- contractual information which forms an integral part of the contract - but also certain objective requirements which constitute the standards normally expected for goods, in particular in terms of fitness for the purpose, packaging, installation instructions and normal qualities and performance capabilities.
Amendment 166 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) This Directive should grant consumers throughout the Union a new and unrivalled freedom in choosing remedies. A consumer should be able to require the seller to bring the goods into conformity with the contract either through repair of the defects or through replacement of the defective goods with conforming ones. But more importantly, the consumer should be able to turn down any offer by the supplier to have the goods brought into conformity and instead to require price reduction or termination of the contract. The consumer should be able to decide whether or not to give the supplier a chance to bring the goods into conformity, and in which way the supplier should cure the defects, according to his own preference. Repair or replacement might be preferable if a consumer thinks the value of the defective goods is substantial, for example because the goods are unique or the market prices of the goods have gone up.
Amendment 170 #
Proposal for a directive
Recital 27
Recital 27
(27) TIf, in the case of non-conformity of the goods with the contract, the consumer' has choice betweensen either repair andor replacement, his choice should only be limited where the option chosen would be disproportionate compared to the other option available, impossible or unlawful. For instance, it might be disproportionate to request the replacement of goods because of a minor scratch where this replacement would create significant costs while, at the same time, the scratch could easily be repaired.
Amendment 173 #
Proposal for a directive
Recital 28
Recital 28
(28) Where the seller has not remedied the lack of conformity through repair or replacement without significant inconvenience for the consumer and within a reasonable time, the consumer should be entitled to a price reduction or to terminate the contract. In particularIf, in the case of non-conformity of the goods with the contract, the consumer has opted for a repair or replacement, any repair or replacement needs to be successfully accomplished within thisa reasonable period. What is a reasonable time should be objectively ascertained considering the nature of the goods and the lack of conformity. If upon the laps of the reasonable period, the seller has failed to successfully remedy the lack of conformity, the consumer should not be obliged to accept any further attempts by the seller in relation to the same lack of conformity.
Amendment 175 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28 a) If, in the case of non-conformity of the goods with the contract, the consumer has chosen repair or replacement, he should still be entitled to a price reduction or termination of the contract if the seller fails to complete a repair or replacement within a reasonable time, if a repair or replacement would cause significant inconvenience to the consumer, if a repair or replacement is impossible or unlawful or if the seller has declared, or it is equally clear from the circumstances, that the seller will not bring the goods into conformity with the contract within a reasonable time.
Amendment 185 #
Proposal for a directive
Recital 32
Recital 32
(32) In order to increase legal certainty for sellers and overall consumer confidence in cross-border purchases it is necessary to harmonise on a minimum level the period during which the seller is held liable for any lack of conformity which exists at the time when the consumer acquires the physical possession of goods. Considering that the large majority of Member States have foreseen a two-year period when implementing Directive 1999/44 and in practice this is considered by market participants as a reasonable period, this period should be maintained.
Amendment 192 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33 a) The producer of a technical product should be obliged to inform the consumer about the minimum life span to be expected of the technical product. This life span indication should reflect the expectations of reasonable and typical consumers, particularly because many of these products entail mass produced software packages and services. The obligation of producers to offer a commercial guarantee, independent from the legal prescription period, should take account of the new situation that sellers of technical products are regularly unable to rectify any defects by themselves.
Amendment 204 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down certain requiremente purpose of this Directive is the approximation of the laws, regulations and administrative provisions of the Member States con cerning distancetain aspects concerning sales contracts concluded between the seller and the consumer, in particular rules on conformity of goods, remedies in case of non-conformity and the modalities for the exercise of these remedies.
Amendment 212 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall not apply to any durable medium incorporating digital content where the durable medium has been usedgoods in which digital content or a digital service is embedded unless the seller proves that the lack of conformity lies in the hardware of the good. This Directive shall also not apply to tangible media which serve exclusively as a carrier for the supply of the digital content to the consumerof digital content, unless the seller proves that the lack of conformity lies in the tangible medium.
Amendment 226 #
Proposal for a directive
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(d a) 'embedded digital content or digital service' means pre-installed digital content, or an inherent digital service, which operates as an integral part of the goods and cannot be easily uninstalled by the consumer or which is necessary for the conformity of the goods with the contract;
Amendment 230 #
Proposal for a directive
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(d a) 'tangible medium' means a tangible moveable item which serves exclusively as a carrier of digital content or of a digital service;
Amendment 235 #
Proposal for a directive
Article 3
Article 3
Amendment 244 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) be of the quantity, quality, durability and description required by the contract, which includes that where the seller shows a sample or a model to the consumer, the goods shall possess the quality of and correspond to the description of this sample or model;
Amendment 257 #
Proposal for a directive
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) possess qualities and performance capabilitiesfeatures, including its functionality, durability and security, which are normal in goods of the same type and which the consumer may expect given the nature of the goods, taking into account, where relevant, any existing technical standards or, in the absence of such technical standards, applicable industry codes of conduct and good practices, and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions, including the producer, unless the seller can shows that:
Amendment 263 #
Proposal for a directive
Article 5 – paragraph 1 – point c – point iii
Article 5 – paragraph 1 – point c – point iii
(iii) the decision to buyacquire the goods could not have been influenced by the statement.
Amendment 269 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 273 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In cases where the goods were installed by the seller or under the seller’s responsibility, the time when the installation is complete shall be considered as the time when the consumer has acquired the physical possession of the goods. In a case where the goods were intended to be installed by the consumer, the time when the consumer had reasonable time for the installation but in any case not later than 30 days after the time indicated in paragraph 1 shall be considered as the time when the consumer has acquired the physical possession of the goods.
Amendment 278 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Any lack of conformity with the contract which becomes apparent within not less than two years from the time indicated in paragraphs 1 and 2 ishall be presumed to have existed at the time indicated in paragraphs 1 and 2 unless this is incompatible with the nature of the goods or with the nature of the lack of conformity.
Amendment 287 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the case of a lack of conformity with the contract, the consumer shall be entitled to havechoose between the following remedies: (a) having the goods brought into conformity bywith the seller, free of charge, by repair or replacementcontract, in accordance with Article 11; (b) being granted a price reduction, in accordance with Article 12; (c) terminating the contract, in accordance with Article 113.
Amendment 298 #
Proposal for a directive
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The consumer shall also be entitled to a proportionate reduction of the price in accordance with Article 12 or to terminate the contract in accordance with Article 13 where the consumer has opted for repair or replacement, if:
Amendment 307 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The consumer shall be entitled to withhold the payment of any outstanding part of the price, or where the non- conformity is minor, an appropriate proportion of the outstanding amount of the price, until the seller has brought the goods into conformity with the contract.
Amendment 327 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
The consumer may choose between repair and replacement in order to have the goods brought into conformity unless the option chosen would be impossible, or unlawful or, compared to the other option, would impose costs on the seller that would be disproportionate, taking into account all circumstances, including:
Amendment 329 #
Proposal for a directive
Article 12 – paragraph -1 (new)
Article 12 – paragraph -1 (new)
-1 In the case of a lack of conformity of the goods with the contract, the consumer shall be entitled to an appropriate reduction of the price in the manner set out in paragraph 1.
Amendment 332 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
The seller shall reimburse the consumer without undue delay, and in any event within 14 days from the day on which the seller was informed of the consumer's decision to invoke his right to a price reduction.
Amendment 333 #
Proposal for a directive
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
The seller shall carry out the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer expressly agrees otherwise. The seller shall not impose any fees on the consumer in respect of the reimbursement.
Amendment 334 #
Proposal for a directive
Article 13 – title
Article 13 – title
The consumer's right to terminateion of the contract for lack of conformity
Amendment 335 #
Proposal for a directive
Article 13 – paragraph -1 (new)
Article 13 – paragraph -1 (new)
-1. In the case of a lack of conformity of the goods with the contract, the consumer shall be entitled to terminate the contract if the lack of conformity with the contract is not minor and if it has or may have a substantial effect on the consumer's use of the goods.
Amendment 338 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The consumer shall exercise the right to terminateend the contract by notice to the seller given by any meansan unequivocal statement setting out his or her decision to terminate the contract.
Amendment 349 #
Proposal for a directive
Article 13 – paragraph 3 – point a
Article 13 – paragraph 3 – point a
(a) the seller shall reimburse to the consumer the price paidall sums received under the contract without undue delay and in any event not later than 14 days from receipt of the notice and shall bear the cosunequivocal statement on termination of the contract referred to in paragraph 1. The seller shall carry out the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer expressly agrees otherwise. The seller shall not impose any fee on the consumer in respect of the reimbursement;.
Amendment 352 #
Proposal for a directive
Article 13 – paragraph 3 – point b
Article 13 – paragraph 3 – point b
(b) the consumer shall return, at the seller's expense, to the seller the goods without undue delay after send in any event not later than 14 days from sending the notice of terminationg the unequivocal statement on termination of the contract referred to in paragraph 1;
Amendment 364 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
The consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within a period of not less than two years as from the relevant time for establishing conformity. If, under national legislation, the rights laid down in Article 9 are subject to a limitation period, that period shall not be shorter than two years from the relevant time for establishing conformity with the contract.
Amendment 379 #
Proposal for a directive
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. The guarantee statement shall be made available on ain writing or on another durable medium and shall be drafted in plain, intelligible language. It shall include the following:
Amendment 386 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Commercial guarantees for lifespan 1. The producer of a technical product shall guarantee to the consumer the fitness of the product for its foreseeable minimum lifespan and shall indicate the duration of that lifespan. The indicated timeframe shall not be shorter than the legal prescription period applying in the Member State where the consumer has his habitual residence and shall reflect the expectations of a reasonable and typical consumer. 2. Where the producer does not fulfil his obligations in accordance with paragraph 1, the obligations owed by him to the consumer shall be the same as those owed by the supplier.
Amendment 408 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20 a National law and minimum protection 1. 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. 2. Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 412 #
Proposal for a directive
Recital 7
Recital 7
(7) While consumers enjoy a high level of protection when they purchase online or otherwise at a distance from abroad as a result of the application of Regulation (EC) No 593/2008, fragmentation also impacts negatively on consumers’ levels of confidence in e- commerce. While several factors contribute to this mistrust, uncertainty about key contractual rights ranks prominently among consumers’ concerns. This uncertainty exists independently of whether or not consumers are protected by the mandatory consumer contract law provisions of their own Member State in the case where a seller directs his cross- border activities to them or whether or notThere is clearly a need to raise consumers’ awareness of their rights with regard to the length of the legal guarantee period and of the reversal of burden of proof in order to increase consumers concludefidence in cross-border contracts with a seller without the respective seller pursuing commercial activities in the consumer's Member Statepurchases.
Amendment 413 #
Proposal for a directive
Recital 9
Recital 9
(9) Fully harmonised consumer contract law rules will make it easier for traders to offer their products in other Member States. Businesses will have reduced costs as they will no longer nA cautious approach is needed with regard to the extension of scope; the potential impact of the proposed changes on businesses who currently are not active in the online or distance sales world runs to an estimated €12 billion. Whilst businesses across the Union may agreed to take account of different consumer mandatory rules. They will enjoy more legal certainty when selling at a distance to other Member States through a stable contract law envirhat the costs of current legal fragmentation are burdensome, there is a lack of specific data on the actual fragmentation costs of the current regime. Without an accurate picture of the costs this will impose on businesses, and bearing in mind the domestic Member State consumer protection measures have been in place for several years already, it is difficult to justify extending the scope when it will undoubtedly reduce consumer protection mentasures in several Member States.
Amendment 414 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first two years, in order to benefit from the presumption of lack of conformity, the consumer should only establish that the good is not conforming, without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In order to increase legal certainty in relation to available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the Digital Single Market, a fully harmonised order in which remedies can be exercised should be provided for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enablingThere is a need for a free choice of remedies in order to prevent consumers’ rights in several Member States being diminished. It would be arbitrary to impose a hierarchy of remedies upon consumers when there is also an absence of clear information regarding the order in which consumers will prioritise the available remedies. It should be left to the consumers to require repair should encourage a susthave the choice avainlable consumption and could contribute to a greater durability of productto them to decide on an individual basis.
Amendment 415 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Directive shall not apply to goods in which digital content or a digital service is embedded, unless the trader or the consumer proves that the lack of conformity lies in the hardware of the good.
Amendment 416 #
Proposal for a directive
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. This Directive shall apply to public auctions.
Amendment 417 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Within their own territory, Member States in which the consumer goods are marketed may, in accordance with the Treaty, require that the guarantee is drafted in one or more languages which it shall determine from among the official languages of the Union.
Amendment 418 #
Proposal for a directive
Recital 2
Recital 2
(2) For the good functioning of the internal market, the harmonisation of certain aspects concerning contracts for sales of goods, taking as a base a high level of consumer protection, is necessarywhile recognising Member States’ competences, is justifiable. Keeping in mind the evolving and complex European case law on this subject matter, and in order to provide a greater degree of legal certainty to businesses and consumers alike, Member States should be able to maintain or introduce more stringent provisions for the protection of consumers in so far as provided for, or not expressly regulated otherwise in this Directive.
Amendment 419 #
Proposal for a directive
Recital 3
Recital 3
(3) E-commerce is one of the maina key drivers for growth within the internal market. However its growth potential is far from being fully exploited. In order to strengthen Union competiveness and to boost growth, the Union needs to act swiftly and encourage economic actors to unleash the full potential offered by the internal market. The full potential of the internal market can only be unleashed if all market participants enjoy smooth access to cross-border sales of goods, including in e- commerce transactions. Contracts are an indispensable legal tool for most economic transactions. The contract law rules on the basis of which market participants conclude transactions are among the key factors shaping business’ decisions whether to offer goods cross- border. Those rules also influence consumers’ willingness to embrace and trust this type of purchase.
Amendment 420 #
Proposal for a directive
Recital 4
Recital 4
(4) TheCertain Union rules applicable to the sales of goods are still fragmented althoughhave already been harmonised, including rules on pre- contractual information requirements, the right of withdrawal for distance contracts and delivery conditions have already been fully harmonised. Other key contractual elements such as the conformity criteria, the remedies and modalities for their exercise for goods which do not conform to the contract are currently subject to minimum harmonisation inregulated at a minimum level by Directive 1999/44/EC of the European Parliament and of the Council46. Member States have been allowed to go beyond the Union standards and introduce rules that ensure even higher levelIn practice, therefore, national provisions transposing the Union legislation ofn consumer protection. Having done so, they have acted on different elements and to different extents. Thus, national provisions transposingcontract law, in particular Directive 1999/44/EC, significantly diverge today on essential elements of what constitutes a sales contract, such as the absence or existence of a hierarchy of remedies, the period of the legal guarantee, the period of the reversal of the burden of proof, or the notification of the defect to the seller. __________________ 46 Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees OJ L 171, 7.7.1999, p.12.
Amendment 421 #
Proposal for a directive
Recital 7
Recital 7
(7) While online sales of goods constitute the vast majority of cross-border sales in the Union, differences in national contract laws equally affect retailers using distance sales channels and retailers selling face-to-face and prevent them from expanding across borders. This Directive should cover all sales channels, in order to create a level playing field for all businesses selling goods to consumers. By laying down uniform rules across sales channels, this Directive should avoid any divergence that would create disproportionate burdens for the growing number of omni-channel retailers in the Union. The need for retaining consistent rules on sales and guarantees for all sales channels was confirmed in the Fitness Check of EU consumer and marketing law, which also covered Directive 1999/44/EC.48 __________________ 48 Commission Staff Working Document{SWD(2017) 208 final}, Report of the Fitness Check on 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’); Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts; Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers; Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees; Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests; Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertisingAt the same time, this Directive should also ensure a very high level of consumer protection in accordance with Union law in order to provide consumers with the confidence to buy cross-border and in order to enhance the functioning of the internal market.
Amendment 423 #
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should not affect contract laws of Member States in areas not regulated by this Directive. In addition, its implementation should under no circumstances constitute grounds for reducing the level of protection afforded to consumers in fields that fall within the scope of Union law. Furthermore, in certain areas regulated by this Directive Member States should also be free to lay down rules in relation to those aspects which are not regulated in this Directive: this concerns limitation periods for exercising the consumers' rights and commercial guarantees. Finally, in relation to the right of redress of the seller, Member States should be free to provide more detailed conditions on the exercise of such right.
Amendment 425 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully and to provide a high level of consumer protection, it is justified to harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first two years, in addition to a short-term right to reject goods, the consumer should, in order to benefit from the presumption of lack of conformity, the consumer should onlyonly have to demonstrate that the good is not conforming, without also needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In addition, in order to increase legal certainty in relation to the available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the internal market, a fully harmonised order in which remedies can be exercised, provision should be provimaded for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of product harmonised rules that enshrine the principle of a free choice of remedies.
Amendment 426 #
Proposal for a directive
Recital 34
Recital 34
(34) In order to ensure transparency, certain transparency requirements for commercial guarantees should be provided. Moreover in order to improve legal certainty and to avoid that consumers are misled, this Directive should provide that where commercial guarantee conditions contained in advertisements or pre- contractual information are more favourable to the consumer than those included in the guarantee statement the more advantageous conditions should prevail. Finally, this Directive should provide rules on the content of the guarantee statement and the way it should be made available to consumers. Member States should be free to lay down rules on other aspects of commercial guarantees not covered by this Directive, provided that those rules do not deprive consumers of the protection afforded to them by the fully harmonised provisions of this Directive on commercial guarantees. This Directive should ensure that consumers continue to enjoy a high degree of consumer protection in accordance with Union law with regard to commercial guarantees.
Amendment 427 #
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 428 #
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘producer’, in relation to goods, means the manufacturer of goodsa product, the importer of goods into the Union or, the producer of any raw material or the manufacturer of a component part, as well as any person purporting to be a producer by placing their name, trade mark or other distinctive sign on the goods;
Amendment 429 #
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘free of charge’ means free of the necessaryusual costs incurred in order to bring the goods into conformity, particularly the cost of postage, labour and materials
Amendment 430 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 432 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A repair or replacement shall be completed within a reasonable time, and in any event within 30 days from the moment the seller has acquired physical possession of the goods or the consumer has handed over the goods to the carrier chosen by the seller. Such repair or replacement shall be without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.