10 Amendments of Pascal CANFIN related to 2008/0196(COD)
Amendment 19 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive shall only apply to financial services as regards certain off- premises contracts as provided for by Articles 8 to 20, unfair contract terms as provided for by Articles 30 to 39 and general provisions as provided for by Articles 40 to 46, read in conjunction with Article 4 on fullminimum harmonisation.
Amendment 20 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Only Articles 30 to 39 on consumer rights concerning unfair contract terms, read in conjunction with Article 4 on fullminimum harmonisation, shall apply to contracts which fall within the scope of Directive 94/47/EC of the European Parliament and of the Council12 and of Council Directive 90/314/EEC13 .
Amendment 22 #
Proposal for a directive
Article 4 – title
Article 4 – title
Full harmonisation Minimum harmonisation
Amendment 25 #
Proposal for a directive
Article 4
Article 4
1. Unless indicated differently in this Directive, Member States may notadopt or maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of consumer protectionin force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection. 2. Where Member States maintain or introduce more stringent provisions to ensure a higher level of consumer protection in the field harmonised by this Directive, these provisions must be compatible with the Treaty and must be notified to the Commission. The Commission shall make that information public on a website or in another easily accessible way. 3. The rights resulting from this Directive shall be exercised without prejudice to other rights which the consumer may invoke under the national rules governing contractual or non-contractual liability.
Amendment 32 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Higher level of protection With regard to Articles 5, 6 and 7, unless indicated differently in this Directive, 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 47 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Higher level of protection With regard to Articles 8 to 19, unless indicated differently in this Directive, 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 48 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 64 #
Proposal for a directive
Article 34
Article 34
Member States shall ensure that contract terms, as set out in the 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 additional contract terms in addition to those included in that list.
Amendment 65 #
Proposal for a directive
Article 35
Article 35
Member States shall ensure that contract terms, as set out in the 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 40. Member States may adopt or maintain additional contract terms in addition to those included in that list.
Amendment 66 #
Proposal for a directive
Article 39 a (new)
Article 39 a (new)
Article 39a Higher level of protection With regard to Articles 30 to 39, unless indicated differently in this Directive, 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.