Activities of Emilie TURUNEN related to 2008/0196(COD)
Plenary speeches (1)
Consumer rights (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on consumer rights PDF (1 MB) DOC (1 MB)
Amendments (181)
Amendment 216 #
Proposal for a directive
Recital 2
Recital 2
(2) Those Directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules, removing inconsistencies and closing unwanted gaps in the rules. That review has shown that it is appropriate to replace those four Directives by this single Directive. This Directive should accordingly lay down standard rules for the common aspects and move away from the minimum harmonisation approach in the former Directives under whichwhilst allowing Member States couldto maintain or adopt stricter national rules providing for a higher level of consumer protection.
Amendment 221 #
Proposal for a directive
Recital 4
Recital 4
(4) In accordance with Article 14(2) of the Treaty, the internal market comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured. The harmonisation of certain aspects of consumer contract law is necessary for the promotion of a real consumer internal market striking the right balance between a high level of consumer protection and the competitiveness of enterprises, while ensuring the respect of the principle of subsidiarity.
Amendment 222 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to ensure high levels of consumer protection, thereby increasing consumer confidence and activity in the internal market, this Directive shall provide for minimum harmonisation, except for provisions which are indicated as fully harmonised.
Amendment 223 #
Proposal for a directive
Recital 5
Recital 5
Amendment 225 #
Proposal for a directive
Recital 6
Recital 6
Amendment 228 #
Proposal for a directive
Recital 7
Recital 7
Amendment 231 #
Proposal for a directive
Recital 8
Recital 8
Amendment 236 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The new definition of consumer should encompass situations in which a consumer buys a good or contracts a service partly for personal and partly for professional purposes (mixed purposes). Many Member States have chosen to apply consumer protection rules to other persons or entities such as NGOs, start up business or small enterprises that are in a similar position as consumers in terms of lack of bargaining power and expertise. As a consequence, it is necessary to allow Member States to maintain or extend the protective rules to other legal or natural persons that are not consumers. More and more goods are purchased or downloaded in an intangible digital format. Therefore it is necesary to include intangible goods within the definition of "goods". This will ensure that consumers are equally protected when buying both online and offline. The definition of goods should encompass water, gas and electricity. The includion of these sectors in the scope of the Directive is necessary in a context where traditional public monopolies are dismantled and the involvement of private sector players in these industries.
Amendment 242 #
Proposal for a directive
Recital 11
Recital 11
Amendment 252 #
Proposal for a directive
Recital 11 f (new)
Recital 11 f (new)
(11f) The definition of "consumer" is any natural person who, in contracts covered by this Directive, is acting for purposes which are primarily outside his trade, business, craft or profession; 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 previous sentence, e.g. NGOs, start - up businesses, etc
Amendment 253 #
Proposal for a directive
Recital 11 g (new)
Recital 11 g (new)
(11g) The definition of "goods" is any tangible or intangible item, including water, gas and electricity with exception of goods sold by way of execution or otherwise by authority of law.
Amendment 254 #
Proposal for a directive
Recital 11 h (new)
Recital 11 h (new)
(11h) the definition of "trader" means any natural or legal person and anyone acting in the name or on behalf of the trader, irrespective of whether privately or publically owned who, in contracts covered by this Directive, is acting for purposes relating to this person's trade, business, craft or profession, irrespective of whether or not this person intends to make a profit in the course of this activity.
Amendment 255 #
Proposal for a directive
Recital 11 i (new)
Recital 11 i (new)
(11i) Digital goods transmitted to the consumer in a digital format, where the consumer obtains the possibility of use on a permanent basis or in a way similar to the physical possession of a good with the possibility to store it on his computer, should be treated as goods for the application of the provisions applying to sales contracts. The format in which a product is presented or purchased should not matter in terms of consumer protection and consumers should be equally protected on line and off-line
Amendment 280 #
Proposal for a directive
Recital 15
Recital 15
(15) Business premises should includeThe definition of "business premises" means any immovable or movable retail premises, in whatever form (such as shops or lorries) which serve as a permanent place of business for the tradercluding seasonal retail premises, where the trader undertakes his activity on a permanent basis. Market stalls and fair stands should not be treated as business premises even though they may be used by the trader on a temporary basis. Other premises which are rented for a short time only and where the trader is not established (such as hotels, restaurants, conference centres, cinemas rented by traders who are not established there) should not be regarded as business premises. Similarly, all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises.
Amendment 298 #
Proposal for a directive
Recital 17
Recital 17
(17) Consumers should be entitled to receive information before the conclusion of the contract. However traders should not have to provide the information when already apparent from the context. For example in an on-premises transaction, the main characteristics of a product, the identity of the trader and the arrangements for delivery may be apparent from the context. In distance and off-premises transactions, the trader should always provide the information on arrangements for payment, delivery, performance and the complaint handling policy, since these might not be apparent from the contex to allow them to give a valid and contractual statement.
Amendment 309 #
Proposal for a directive
Recital 22
Recital 22
(22) Since in the case of distance sales and off premises transactions, the consumer is not able to see the good before concluding the contract he should have a right of withdrawal, which allows him to ascertain the nature and functioning of the goods.
Amendment 310 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) The starting point of the cooling off period should be linked with the trader’s compliance with his information obligations, otherwise a contract could persist even in cases where the consumer was not properly informed of his rights; yet this creates a disincentive for the trader to perform his information obligations. The system should also allow the consumer to test the goods during the period of withdrawal.
Amendment 318 #
Proposal for a directive
Recital 27
Recital 27
(27) If the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off- premises contract, the withdrawal period should be extended. However, in order to ensure legal certainty over time, a three- month limitation period should be introduced, provided that the trader has fully performed his contractual obligations. The trader should be regarded as having fully performed his obligations when he has delivered the goods or has fully provided the services ordered by the consume to one year.
Amendment 322 #
Proposal for a directive
Recital 28
Recital 28
(28) Differences in the ways in which the right of withdrawal is exercised in the Member States have caused costs for businesses selling cross-border. The introduction of a harmonised standard withdrawal form to be used by the consumer shwould simplify the withdrawal process and bring legal certainty. For these reasons, Member States should refrain from adding any presentational requirements to the Community-wide standard form relating for example to the font size.
Amendment 330 #
Proposal for a directive
Recital 34
Recital 34
(34) Furthermore, in case of distance contracts for the provision of services, for which the performance begins during the withdrawal period (e.g. data files downloaded by the consumer during that period), it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full or in part. Therefore the consumer should lose his right of withdrawal when performance begins with his prior express agreement.
Amendment 333 #
Proposal for a directive
Recital 36
Recital 36
Amendment 340 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) In many transactions consumers are not provided with enough choices of means of payments or they are charged if they refuse to use certain means. This situation needs to be reflected in a disposition which ensures that the trader will offer to the consumer different means of payment and in case of distance contracts these should include both electronic and non electronic means of payment. As an example, a non electronic system of payment would be the possibility to print an order from the trader’s web site to be paid by cash in a bank or in any other contact point of the trader.
Amendment 344 #
Proposal for a directive
Recital 40
Recital 40
(40) If the good is not in conformity with the contract, firstly, the consumer should always have the possibility to require the trader to repair the goods or to replace them at the trader's choice unless the trader proves that those remedies are unlawful, impossible or causes the trader disproportionate effort. The trader's effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity, the value of the goods and the significance of the lack of conformity. The lack of spare parts should not be a valid ground to justify the trader's failure to remedy the lack of conformity within a reasonable time or without a disproportionate efforchoose between the different remedies provided for by this Directive. The consumer should be entitled to require the trader to repair the goods, to replace them, to have the price reduced or to rescind the contract.
Amendment 361 #
Proposal for a directive
Recital 43
Recital 43
Amendment 363 #
Proposal for a directive
Recital 43 a (new)
Recital 43 a (new)
(43a) It is necessary to introduce the direct liability of the producer for defective products. The achievement of the objective to promote and boost consumer confidence to shop cross-border would be greatly helped by the introduction of the direct liability of producer for defective products.
Amendment 366 #
Proposal for a directive
Recital 45
Recital 45
(45) There is a need to protect consumers against unfair contract terms which have not been individually negotiated, such as standard contract terms. The rules on unfair terms should not apply to terms which the consumer agreed upon follow. The protection against unfair terms should be extended to individually negotiated terms as the consumer will often lack the bargaining power and the knowledge required to be ing a negotiation. Being afforded the possibility to choose between different contract terms which have been drafted by the trader or a third party on behalf of the trader should not be regarded as aposition to influence the content of contract terms during an individual negotiation.
Amendment 367 #
Proposal for a directive
Recital 46
Recital 46
Amendment 371 #
Proposal for a directive
Recital 47
Recital 47
(47) Consumer contracts should be drafted in plain, intelligible language and, be legible. Traders should be free to choose the font type or siz and easily and permanently accessible in the language in which the contract terms are draftis concluded. 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.where the consumer reasonably expects to find them (e.g. clearly placed 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 prior and 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 378 #
Proposal for a directive
Recital 50
Recital 50
(50) In order to ensure legal certainty and improve the functioning of the internal market, the Directive should contain two non-exhaustive lists of unfair terms. Annex II contains a list of terms which should in all circumstances be considered unfair. Annex III contains a list of terms which should be deemedpresumed to be unfair unless the trader proves otherwise. These same lists should apply in all Member States.
Amendment 381 #
Proposal for a directive
Recital 52
Recital 52
Amendment 384 #
Proposal for a directive
Recital 53
Recital 53
Amendment 392 #
Proposal for a directive
Recital 59 a (new)
Recital 59 a (new)
(59a) We ask the Commission to bring forward proposals on collective redress for consumers
Amendment 400 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
The purpose of this Directive is to achieve a high level of consumer protection and contribute to the proper functioning of the internal market and achieve a high level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States concerning contracts between consumers and traders.
Amendment 403 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) (a) "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; (b) 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 point a.
Amendment 411 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) "vulnerable consumer" means a consumer who is particularly vulnerable to a commercial practice or an underlying product because of, inter alia, his or her mental or physical infirmity, age or credulity, in a way which the trader could reasonably be expected to foresee
Amendment 413 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) "trader" means any natural or legal person and anyone acting in the name or on behalf of the trader, irrespective of whether privately or publicly owned who, in contracts covered by this Directive, is acting for purposes relating to this person's trade, business, craft or profession and anyone acting in the name of or on behalf of a trader, irrespective of whether or not this person intends to make profit in the course of this activity;
Amendment 425 #
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 432 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Amendment 436 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point b
Article 2 – paragraph 1 – point 4 – point b
Amendment 440 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point c
Article 2 – paragraph 1 – point 4 – point c
Amendment 482 #
Proposal for a directive
Article 2 – paragraph 1 – point 9 – introductory part
Article 2 – paragraph 1 – point 9 – introductory part
(9) "business premises" means: any immovable or movable retail premises, including seasonal retail premises, where the trader carries on his activity on a permanent basis;
Amendment 483 #
Proposal for a directive
Article 2 – paragraph 1 – point 9 – point a
Article 2 – paragraph 1 – point 9 – point a
Amendment 485 #
Proposal for a directive
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Amendment 491 #
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) "product" means any good or service including immoveable property, rights and obligations;
Amendment 493 #
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) "public auction" means a method of sale where goods or services are offered by the trader to consumers, who attend or are given the possibility to attend the auction in person, through a competitive bidding procedure run by an auctioneer and where the highest bidder is bound to purchase the goods;
Amendment 504 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 517 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 520 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 543 #
Proposal for a directive
Article 4 – paragraph 1 and paragraph 1 a (new)
Article 4 – paragraph 1 and paragraph 1 a (new)
1. Except where provided for in paragraph 2, Member States may adopt or maintain in force more stringent provisions, in the field covered by this Directive, in order to ensure a higher level of consumer protection. 1a. Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this DirectiveArticles 12 to 17, including more or less stringent provisions to ensure a different level of consumer protection.
Amendment 563 #
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 service contract, the trader shall provide the consumer with the following information, if not already apparent from the context: information 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 574 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the geographical address of the place of business and the identity of the trader, such as his trading name and, where applicable, the geographical address of the place of business and the identity of the trader on whose behalf he is acting;
Amendment 579 #
Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) contact details including the telephone number and any other means of distance communication enabling the consumer to contact and communicate with the trader rapidly and directly
Amendment 584 #
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; in case of an open-ended contract, the final price shall mean the total monthly costs
Amendment 596 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) the arrangements for payment, delivery, performance and the complaint handling policy, if they depart from the requirements of professional dilige and performance;
Amendment 603 #
Proposal for a directive
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) the complaint handling policy and the geographical address of the place of business of the trader (and where applicable that of the trader on whose behalf he is acting) where the consumer can address any complaints;
Amendment 604 #
Proposal for a directive
Article 5 – paragraph 1 – point d b (new)
Article 5 – paragraph 1 – point d b (new)
(db) the possibility of having recourse to an amicable dispute settlement, where applicable;
Amendment 608 #
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 for exercising that right including the eventual costs of return of the goods, in accordance with Annex 1;
Amendment 618 #
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 619 #
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 633 #
Proposal for a directive
Article 5 – paragraph 1 – point f a (new)
Article 5 – paragraph 1 – point f a (new)
(fa) the existence of codes of conduct and how they can be obtained, where applicable;
Amendment 636 #
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 644 #
Proposal for a directive
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) that the contract will be concluded with a trader and as a result that the consumer will benefit from the protection afforded by this Directive
Amendment 645 #
Proposal for a directive
Article 5 – paragraph 1 – point i b (new)
Article 5 – paragraph 1 – point i b (new)
(ib) whether the other party is a consumer in case of a contract concluded through an intermediary
Amendment 646 #
Proposal for a directive
Article 5 – paragraph 1 – point i c (new)
Article 5 – paragraph 1 – point i c (new)
(ic) the period of time within which the offer will remain available
Amendment 647 #
Proposal for a directive
Article 5 – paragraph 1 – point i d (new)
Article 5 – paragraph 1 – point i d (new)
(id) the application of technical protection measures for digital products, where applicable
Amendment 648 #
Proposal for a directive
Article 5 – paragraph 1 – point i e (new)
Article 5 – paragraph 1 – point i e (new)
(ie) 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 660 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The trader shall ensure that information about his geographical address and telephone number, as well as about the price inclusive of taxes and about the existence of a right of withdrawal, is provided in such a way that it is easy to find by the consumer
Amendment 669 #
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/she has provided the information required by this Article
Amendment 670 #
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 and be legible
Amendment 671 #
Proposal for a directive
Article 5 – paragraph 3 c (new)
Article 5 – paragraph 3 c (new)
Amendment 672 #
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 687 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Without prejudice to Articles 7(2), 13 and 42, the consequences of any breach of Article 5, shall be determined in accordance with the applicable national law. Member States shall provide in their national laws for effective contract law remedies for any breach of Article 5. If the trader has not complied with any other information requirement as referred to in paragraph 1, the consumer may (a) avoid the contract, unless this is unreasonable in the circumstances; or (b) claim damages for any loss resulting from the failure to comply with the information requirement.
Amendment 694 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 696 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. This article is without prejudice to national legislations that consider certain contracts concluded through an intermediary as business-to-consumer contracts
Amendment 705 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the information referred to in Articles 5 and 7 and, by way of derogation from Article 5(1)(d), the arrangements for payment, delivery and performance in all cases;
Amendment 707 #
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) The identity of the representative of the seller in the country of residence of the consumer, where appropriate
Amendment 710 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 713 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 715 #
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 718 #
Proposal for a directive
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) Information on the costs of the means of communication;
Amendment 720 #
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
Amendment 724 #
Proposal for a directive
Article 9 – paragraph 1 – point f
Article 9 – paragraph 1 – point f
Amendment 728 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The trader bears the burden of proof that he/she has provided the information required by this article.
Amendment 747 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. An off-premises contract shall only be valid if the consumer signs an order form and iThe order form shall be provided to the consumer prior to the conclusion of the contract. In cases where the order form is not on paper, the coonsumer receives a copy of the order form on another durable medium. An off-premises contract shall only be valid if the consumer signs the order form.
Amendment 754 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 768 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With respect to distance contracts, the information provided for in Article 9(a)s 5, 7 and 9 shall be given or made available to the consumer prior to thehis conclusion of the contractractual statement, in plain and intelligible language and in so far as this information is made available in writing, it shall be legible, in a way appropriate to the means of distance communication used and it shall be easily, directly and permanently accessible.
Amendment 778 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. In case the contract places the consumer under the obligation to make a payment, the trader shall display this obligation clearly and prominently to the consumer, prior to the consumers’ contractual statement. The order will be binding only if the consumer has confirmed to be aware of this obligation.
Amendment 784 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If, in conformity with the national law applicable, the trader makes a telephone call to the consumer with a view to concluding a distance contract by telephone, the trader shall disclose his identity and, where applicable, the identity of the person on whose behalf he makes the call, and the commercial purpose of the call at the beginning of the conversation with the consumer.
Amendment 793 #
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 pricefinal price, the duration of the contract and, if the contract is open-ended, the conditions for terminating the contract referred to in Articles 5(1)(a) and (c) 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 and the consumer shall be informed thereof on a durable medium prior to the conclusion of such a contract.
Amendment 803 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 814 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 830 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 851 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
Amendment 855 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 861 #
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. Member States can maintain national provisions prohibiting the parties from performing their obligations during the right of withdrawal.
Amendment 866 #
Proposal for a directive
Article 13
Article 13
If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 105(1) and 11(40(1), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligationsone year after the time specified in article 12(2).
Amendment 879 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
The consumer shall inform the trader of his decision to withdraw on a durable medium either in a statement addressed to the trader drafted in his own words or using the standard withdrawal form as set out in Annex I(B). Returning the subject matter of the contract before the expiration of the withdrawal period is considered a notice of withdrawal.
Amendment 884 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Amendment 891 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. For distance contracts concluded on the Internet, if the trader may, in addition to the possibilities referred to in paragraph 1, gives the option to the consumer to electronically fill in and submit the standard withdrawal form on the trader's website. In that case, the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay.
Amendment 900 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The trader shall reimburse any payment received from the consumer withi, including, if applicable, the costs of delivery, received from the consumer without undue delay, and in any case not later than thirty days from the day on which he receives the communication of withdrawal.
Amendment 913 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 928 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
Amendment 933 #
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. The costs of return of the good shall be borne by the trader if the price of the good to be returned is more than 20 €.
Amendment 936 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The consumer shall only be liable for any diminisis not required to pay for: (a) any diminution in thed value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b). For service contracts subject to a right of withdrawal, the consumer shall bear no cost for services performed, in full or in part, during the withdrawal periodanything received under the contract caused by inspection and testing; (b) any destruction, or loss of, or damage to, anything received under the contract, provided that the consumer used reasonable care to prevent such destruction, loss or damage.
Amendment 947 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. For services contracts, the consumer is liable for any costs incurred up to the point of withdrawal only when he expressly requested the early performance of the contract. Such costs should be reasonable and proportionate to the extent of the service already provided up to the point of withdrawal.
Amendment 948 #
Proposal for a directive
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2b. Except as provided in this Article, the consumer does not incur any liability through the exercise of the right of withdrawal.
Amendment 995 #
Proposal for a directive
Article 19 – paragraph 1 – point e
Article 19 – paragraph 1 – point e
(e) the supply of sealed audio or video recordings or computer software which were unsealed by the consumer, unless the product received by the consumer differs from the product that had been ordered;
Amendment 998 #
Proposal for a directive
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) the supply of newspapers, periodicals and magazines unless the contract was concluded by telephone;
Amendment 1004 #
Proposal for a directive
Article 19 – paragraph 1 – point g
Article 19 – paragraph 1 – point g
(g) gaming and lottery services unless the contract was concluded by telephone;
Amendment 1008 #
Proposal for a directive
Article 19 – paragraph 1 – point h
Article 19 – paragraph 1 – point h
Amendment 1033 #
Proposal for a directive
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) for the sale or rental of immovable property or relating to other immovable property rights, except for rental and works relating to immovable property;
Amendment 1043 #
Proposal for a directive
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
Amendment 1046 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 1059 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. This Chapter shall apply to sales contracts. Without prejudice to Article 24(5), where the contract is a mixed- purpose contract having as its object both goods and services, this Chapter shall only apply to the goods.
Amendment 1062 #
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Article 23 a (new) shall apply to service contracts and mixed-purpose contracts having as their object both goods and services
Amendment 1072 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 1078 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 1083 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Unless the parties have agreed otherwise, the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party, other than the carrier and indicated by the consumer, immediately after the conclusion of the contract and in any case within a maximum of thirty days from the day of the conclusion of the contract.
Amendment 1094 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where the trader has failed to fulfil his obligations to deliver at the agreed moment, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1either immediately rescind the contract or to receive the good at a later date to be determined by the consumer.
Amendment 1104 #
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. The consumer may rescind the contract under paragraphs 2 or 2a (new) by giving notice to the trader in writing or on another durable medium or by telephone. The trader is required to refund any sums paid within 7 days from the date he receives the consumer's notice.
Amendment 1105 #
Proposal for a directive
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
2b. If delivery does not take place within the new delivery period under paragraph 2, the consumer is entitled to rescind the contract.
Amendment 1109 #
Proposal for a directive
Article 22 – paragraph 2 c (new)
Article 22 – paragraph 2 c (new)
2c. If arrangements have agreed between the consumer and trader for delivery within a particular period, and delivery does not take place within this period, the consumer has the right to rescind the contract.
Amendment 1115 #
Proposal for a directive
Article 22 a (new)
Article 22 a (new)
Article 22 a Payment 1. The trader will not withdraw or charge the full sum for the goods/services from the customer's account or credit card until the goods/services have been delivered. Where the goods/services amount to a substantial sum or are custom made to order, the trader and consumer may agree between them in an advance payment of a deposit. 2.Traders shall offer consumers at least one means of payment free of charge. 3. Member States shall prohibit traders from charging customers with fees that exceed the cost borne by the trader for the use of such means
Amendment 1130 #
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article 23a Duration of contracts 1. Contracts concluded with consumers shall not stipulate a commitment period that exceeds 6 months 2. Beyond 6 months consumers can terminate the contract at any time. Termination can be subject to a previous notice that cannot exceed 2 months.
Amendment 1148 #
Proposal for a directive
Article 24 – paragraph 2 – point c
Article 24 – paragraph 2 – point c
(c) they are fit for the purposes for which goods of the same type are normally used orand
Amendment 1153 #
Proposal for a directive
Article 24 – paragraph 2 – point d
Article 24 – paragraph 2 – point d
(d) they show the quality and performance which are normal in goods of the same type andincluding inter alia, durability, safety and availability of spare parts, which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling.
Amendment 1161 #
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was aware, or shcould not reasonably have been unaware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer.
Amendment 1166 #
Proposal for a directive
Article 24 – paragraph 4 – point b
Article 24 – paragraph 4 – point b
(b) by the time of conclusion of the contract the statement had been corrected by the same means and in due time before;
Amendment 1169 #
Proposal for a directive
Article 24 – paragraph 4 – point c
Article 24 – paragraph 4 – point c
Amendment 1186 #
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer iss are entitled to choose between the following remedies:
Amendment 1200 #
Proposal for a directive
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) have the lack of conformity remedied by repair or replacement,repair
Amendment 1206 #
Proposal for a directive
Article 26 – paragraph 1 – point a a (new)
Article 26 – paragraph 1 – point a a (new)
(aa) replacement
Amendment 1212 #
Proposal for a directive
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) have the pPrice reducedtion,
Amendment 1220 #
Proposal for a directive
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) have the contract rescindedto rescind the contract. The contract shall be rescinded with undue delay and within a maximum period of 30 days following the consumer's request to rescind the contract.
Amendment 1225 #
Proposal for a directive
Article 26 – paragraph 1 – point c a (new)
Article 26 – paragraph 1 – point c a (new)
(ca) Where the contract is a mixed- purpose contract the consumer is entitled to have the entire contract rescinded unless the provision of the service constitutes the predominant part of the contract.
Amendment 1234 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 1246 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
Amendment 1256 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 2
Article 26 – paragraph 3 – subparagraph 2
Amendment 1262 #
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. TWith exception of paragraph 1e), the consumer may resort to any remedy available under paragraph 1, where one of the following situations exists:
Amendment 1285 #
Proposal for a directive
Article 26 – paragraph 4 – point d
Article 26 – paragraph 4 – point d
(d) the same defect has reappeared more than once within a short period of timeor other defect has reappeared after the good was repaired or replaced.
Amendment 1313 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Without prejudice to the provisions of this Chapter, tThe consumer may claim damages for any loss not remedied in accordance with Article 26, including any non-pecuniary loss caused by the non-conformity in so far as the consumer is entitled to the compensation of such non-pecuniary loss under the law applicable to the contract.
Amendment 1322 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within twohree years as from the time the risk passed to the consumer.
Amendment 1337 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. When the trader has remedied the lack of conformity by replacementair, the shall be held liable under Article 25 where the lack of conformity becomes apparent within two years asperiod specified under paragraph 1 shall be suspended from the timemoment the consumer or a third party indicated byinforms the trader of the lack of conformity until the moment the consumer has reacquired the material possession of the replacaired goods.
Amendment 1348 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 1352 #
Proposal for a directive
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. Where the trader has remedied the lack of conformity by replacement, the period specified in paragraph 1 shall start anew as from the moment the consumer as acquired the material possession of the replaced good.
Amendment 1354 #
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 1360 #
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 monthsone year 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 1380 #
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, theor if the guarantee statement is of disadvantage compared to the advertising on the commercial guarantee, commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.
Amendment 1387 #
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. The guarantee shall be drafted in the language of the contract. It shall include the following:
Amendment 1399 #
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 1406 #
Proposal for a directive
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
Amendment 1416 #
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 1426 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 1430 #
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 1436 #
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, easily and permanently accessible; they should be provided in the language in which the contract is concluded.
Amendment 1439 #
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1a. A contract term which has been supplied by the trader in breach of the duty of transparency according this article shall on that ground alone be considered unfair
Amendment 1447 #
Proposal for a directive
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. The contract terms shall be presented at a place where the consumer reasonably expects to find them
Amendment 1452 #
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 1471 #
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 1477 #
Proposal for a directive
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. 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 1482 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
Where the trader claims that a contract term has been individually negotiatedis compliant with the transparency requirements of article 31, the burden of proof shall be incumbent on him.
Amendment 1488 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall ensure that contract terms, as set out in the non-exhaustive list in Annex II, are considered unfair in all circumstances. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40. Member States may adopt, or maintain in force, contract terms in addition to that list.
Amendment 1496 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
Member States shall ensure that contract terms, as set out in the non-exhaustive list in point 1 of Annex III, are considered unfair, unless the trader has proved that such contract terms are fair in accordance with Article 32. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40Member States may adopt, or maintain in force, contracts terms in addition to that list.
Amendment 1503 #
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 1514 #
Proposal for a directive
Article 39 – paragraph 2
Article 39 – paragraph 2
Amendment 1515 #
Proposal for a directive
Article 40
Article 40
Amendment 1535 #
Proposal for a directive
Annex 1 – heading 1
Annex 1 – heading 1
EXAMPLE OF INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL
Amendment 1542 #
Proposal for a directive
Annex 2 – paragraph 1 – point a a (new)
Annex 2 – paragraph 1 – point a a (new)
(aa) making the period for termination of an open-ended contract by the trader shorter than that set for the consumer
Amendment 1543 #
Proposal for a directive
Annex 2 – paragraph 1 – point c
Annex 2 – paragraph 1 – point c
(c) excluding or hindering the consumer's right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with the trader;
Amendment 1544 #
Proposal for a directive
Annex 2 – paragraph 1 – point c a (new)
Annex 2 – paragraph 1 – point c a (new)
(ca) assigning exclusive jurisdiction in all disputes under a contract to the competent court where the trader is resident, unless that court is the competent court where the consumer is resident, too;
Amendment 1545 #
Proposal for a directive
Annex 2 – paragraph 1 – point c b (new)
Annex 2 – paragraph 1 – point c b (new)
(cb) enabling the trader, at his own discretion, to set the prices of goods and services which should be set after the conclusion of the contract;
Amendment 1546 #
Proposal for a directive
Annex 2 – paragraph 1 – point c c (new)
Annex 2 – paragraph 1 – point c c (new)
(cc) enabling the trader to terminate or modify the contract because of the introduction of the euro.
Amendment 1550 #
Proposal for a directive
Annex 2 – paragraph 1 – point e a (new)
Annex 2 – paragraph 1 – point e a (new)
(ea) limiting the fundamental rights of citizens, including the right to privacy, the right to freedom of expression and the right to due process.
Amendment 1571 #
Proposal for a directive
Annex 3 – paragraph 1 – point d
Annex 3 – paragraph 1 – point d
(d) allowing the trader to terminate the contract at will where the same right is not granted to the consumer, and allowing the trader, where he himself terminates the contract, to retain amounts paid for services not yet provided by him;
Amendment 1580 #
Proposal for a directive
Annex 3 – paragraph 1 – point k a (new)
Annex 3 – paragraph 1 – point k a (new)
(ka) enabling the trader to alter unilaterally, without a valid reason, any characteristics of the product or service to be provided;
Amendment 1581 #
Proposal for a directive
Annex 3 – paragraph 1 – point l a (new)
Annex 3 – paragraph 1 – point l a (new)
(la) making an agreement binding on the consumer whereas provision of services by the trader is subject to a condition whose realisation depends on his own will alone;
Amendment 1582 #
Proposal for a directive
Annex 3 – paragraph 1 – point l b (new)
Annex 3 – paragraph 1 – point l b (new)
(lb) irrefutably presuming the agreement of the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract;
Amendment 1592 #
Proposal for a directive
Annex 3 – paragraph 2
Annex 3 – paragraph 2
Amendment 1593 #
Proposal for a directive
Annex 3 – paragraph 3 – introductory part
Annex 3 – paragraph 3 – introductory part
Amendment 1594 #
Proposal for a directive
Annex 3 – paragraph 4 – introductory part
Annex 3 – paragraph 4 – introductory part
Amendment 1595 #
Proposal for a directive
Annex 3 – paragraph 4 – introductory part
Annex 3 – paragraph 4 – introductory part