Activities of Olga SEHNALOVÁ related to 2018/0090(COD)
Plenary speeches (1)
Better enforcement and modernisation of EU consumer protection rules (debate) (debate) CS
Amendments (32)
Amendment 64 #
Proposal for a directive
Recital 7
Recital 7
(7) Furthermore, any fines imposed as penalties should take into account the total worldwide annual turnover and profits of the infringing trader and any fines that have been imposed on the trader in other Member States for the same infringement in, particular, in the context of the widespread infringements of consumer law and widespread infringements with a Union dimension that are subject to coordinated investigation and enforcement in accordance with Regulation (EU) 2017/2394.
Amendment 73 #
Proposal for a directive
Recital 9
Recital 9
(9) To ensure that Member State authorities can impose effective, proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a Union dimension that are subject to coordinated investigation and enforcement in accordance with Regulation (EU) 2017/2394, fines should be introduced as a mandatory element of penalties for such infringements. In order to ensure deterrence of the fines, Member States should set in their national law the maximum fine for such infringements at a level that is at least 4% of the trader's annual turnover in the Member State concernedtotal worldwide annual turnover.
Amendment 80 #
Proposal for a directive
Recital 10
Recital 10
(10) Where, as a result of the coordination mechanism under Regulation (EU) 2017/2394, a single national competent authority within the meaning of that Regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a Union dimension, it should be able to impose a fine of at least 4 % of the trader’s annual turnover in all Member States concerned by the coordinated enforcement actiontotal worldwide annual turnover.
Amendment 82 #
Proposal for a directive
Recital 11
Recital 11
(11) Member States should not be prevented from maintaining or introducing in their national law higher maximum turnover-based fines or fixed maximum fines for widespread infringements and widespread infringements with a Union dimension of consumer law, as defined in Regulation EU 2017/2394. The requirement to set the fine at a level of not less than 4 % of the trader's turnover should not apply to any additional rules of the Member States on periodic penalty payments, such as daily fines, for non- compliance with any decision, order, interim measure, trader's commitment or other measure with the aim of stopping the infringement.
Amendment 92 #
Proposal for a directive
Recital 15
Recital 15
(15) Member States should ensure that remedies are available for consumers harmed by unfair commercial practices in order to eliminate all the effects of those unfair practices. In order to meet that objective, Member States should make both contractual and non-contractual remedies available. As a minimum, the contractual remedies provided by the Member States should include the right to contract termination and the right to price reduction. Non-contractual remedies provided under national law should, as a minimum, include the right to compensation for damages. Member States would not be prevented from maintaining or introducing rights to additional remedies for consumers harmed by unfair commercial practices in order to ensure full removal of the effects of such practices.
Amendment 97 #
Proposal for a directive
Recital 16
Recital 16
Amendment 151 #
Proposal for a directive
Recital 34
Recital 34
Amendment 159 #
Proposal for a directive
Recital 35
Recital 35
Amendment 167 #
Proposal for a directive
Recital 36
Recital 36
Amendment 173 #
Proposal for a directive
Recital 41
Recital 41
(41) Article 16 of the Charter of Fundamental Rights of the EU guarantees the freedom to conduct a business in accordance with Union law and national laws and practices. However, marketing across Member States of products as being identical when, in reality, they have a significantly different composition or characteristics may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise. of products as being seemingly identical or similar when, in reality, they have different composition or characteristics, without the consumer being clearly and comprehensively informed thereof, may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise. Assessments of whether different composition or characteristics exist may vary depending on the facts and circumstances of each case, but generally speaking, in cases where: one or more ingredients or their ratio in the product differs from another marketed product under the same or similar trademark or designation; this difference may change the economic behaviour of the average consumer, who would have taken a different purchasing decision where he was aware of such a difference. In order to assess whether the appearance is seemingly identical, any words, data, trademarks, brand names, illustrations or symbols relating to a particular product and placed on the package, the document, the inscription or the label in the field of vision most likely to be spotted by the consumer at first glance and which will enable him to recognise the product immediately in terms of its characteristics, taste or nature and, where appropriate, its trademark, shall be taken into account.
Amendment 185 #
Proposal for a directive
Recital 43
Recital 43
(43) However, the enforcement experience has shown that it may be unclear to consumers, traders and national competent authorities which commercial practices could be contrary to the Directive 2005/29/EC in the absence of an explicit provision. Therefore, Directive 2005/29/EC should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical to the same product marketed in several other Member Statesseemingly identical or similar to the another product marketed, where those products have significantly different composition or characteristics. Competent authorities should assess and address on a case by case basis such practices according to the provisions of the Directive. In undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers,. When assessing a trader's right to adapt products of the same brand forto different geographical markets due to, taking into account legitimate factors, such as availability or seasonality of raw materials, defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as , the competent authority should examine whether traders' right to offer products of the same brand in packages of different weight or volume in different geographical marketshe consumer has been sufficiently, clearly and comprehensibly informed by the trader about such changes so that the difference is apparent at one glance.
Amendment 208 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) Aany marketing of a product as beof seemingly identical to the same product marketed in several other Member Statesappearance to another product, which is marketed with the same or similar trademark or designation, while those products have significantly different composition or characteristics;
Amendment 210 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) Aany marketing of a product as bewith seemingly identical to the sameappearance to another product that is marketed in several other Member States,with the same or similar trademark, designation or packaging while those products have significantly different composition or characteristics;
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2005/0029/EC
Article 7 – paragraph 4 – point f (new)
Article 7 – paragraph 4 – point f (new)
(3a) In Article 7(4), the following point is added: “(f) in the case of ranking of offers presented to the consumer as result of his search query, the main ranking parameters and the preferential treatment of certain offers;”
Amendment 236 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2005/29/EC
Article 11 a – paragraph 2
Article 11 a – paragraph 2
2. Contractual remedies shall include, as a minimum, the possibility for the consumer to unilaterally terminate the contract, obtain compensation for damages or price reduction.
Amendment 264 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at least 4 % of the trader's annual turnover in the Member State or Member States concernedtotal worldwide annual turnover.
Amendment 273 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2005/29/EC
Annex I – point 11
Annex I – point 11
11. Using editorial content in the media, or providing information to a consumer’sn online search query, to promote a product or service where a trader has paid for the promotionrovided remuneration, including remuneration other than money, for a promotion or prominent placement without making that clear in the content or search results or by images or sounds clearly identifiable by the consumer (advertorial; paid placement or paid inclusion). This is without prejudice to Directive 2010/13/EU48. __________________ 48 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 278 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex I – point 13 a (new)
Annex I – point 13 a (new)
(6a) In Annex I, the following point is inserted: “13a. Creating an impression, by using the same or similar trademark, designation or packaging, that a product is identical to another product while these products have different composition, unless the distinction in the composition is clearly marked on the package in the field of view of the consumer.”
Amendment 281 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex I – point 23 a (new)
Annex I – point 23 a (new)
(6a) In Annex I, the following point is inserted: “23a. Use of the same or seemingly identical designation for a product which is marketed in one Member State or in various Member States with a different composition, without that distinction being clearly and comprehensibly marked so as to be immediately visible to the consumer; with designation meaning any words, particulars, trademarks, brands, illustrations or symbols relating to a particular product, and which are placed on the package, document, inscription or label in the field of view, which the consumer shall most likely notice immediately when purchasing, and which will enable him to recognise the product immediately in terms of its characteristics, taste or nature and, where appropriate, its brand.”
Amendment 282 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex 1 – point 23 a (new)
Annex 1 – point 23 a (new)
(6a) In Annex I, the following point is inserted: “23a. Creating the false impression that a review of a product or a service was submitted by a consumer who used the product or service.”
Amendment 294 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex I – point 31 a (new)
Annex I – point 31 a (new)
(6a) In Annex I, the following point is inserted: “31a. Restricting or preventing a consumer to make use of the right of withdrawal laid down in Article 9(1) of Directive 2011/83/EU.”
Amendment 322 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Directive 2011/83/EU
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the geographical address at which the trader is established as well as the trader’s telephone number, e-mail address orand, if available, other means of online communication which guarantee that the consumer can keep the correspondence with the trader on a durable medium, to enable the consumer to contact the trader quickly and communicate with him efficiently. Where applicable, the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting.
Amendment 383 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
Directive 2011/83/EU
Article 9 – paragraph 4 (new)
Article 9 – paragraph 4 (new)
(6a) In Article 9, the following paragraph is added: “4. Where a distance contract falling under point (a) or (c) of paragraph 1 is to be concluded by telephone, the right of withdrawal expires after 14 days from the receipt of the confirmation by the consumer as required under Article 8 paragraph 7.”
Amendment 387 #
Proposal for a directive
Article 2 – paragraph 1 – point 7 – point a
Article 2 – paragraph 1 – point 7 – point a
Directive 2011/83/EU
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 393 #
Proposal for a directive
Article 2 – paragraph 1 – point 7 – point a
Article 2 – paragraph 1 – point 7 – point a
Directive 2011/83/EU
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 397 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point -1 (new)
Article 2 – paragraph 1 – point 8 – point -1 (new)
Directive 2011/83/EU
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Amendment 416 #
Proposal for a directive
Article 2 – paragraph 1 – point 9 – point 3
Article 2 – paragraph 1 – point 9 – point 3
Directive 2011/83/EU
Article 16 – paragraph 1 – point n
Article 16 – paragraph 1 – point n
Amendment 421 #
Proposal for a directive
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
Directive 2011/83/EU
Article 23 a (new)
Article 23 a (new)
(9a) “The following Article is inserted: “Article 23a Redress Member States shall in addition to their obligations under Article 23 lay down in their national law that the contract shall not be binding on the consumer when the trader has not complied with the information requirements set out under this Directive.”
Amendment 435 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive 2011/83/EU
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at least 4% of the trader’s annual turnover in the Member State or Member States concernedworldwide turnover.
Amendment 444 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point 1 – point c
Article 2 – paragraph 1 – point 11 – point 1 – point c
Directive 2011/83/EU
Annex I – part A – Instructions for completion – point 4
Annex I – part A – Instructions for completion – point 4
Amendment 449 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point 1 – point d
Article 2 – paragraph 1 – point 11 – point 1 – point d
Directive 2011/83/EU
Annex I – part A – Instructions for completion – point 5 – point c
Annex I – part A – Instructions for completion – point 5 – point c
Amendment 482 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Directive 1998/06/EC
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at least 4 % of the trader’s annual turnover in the Member State or Member States concernedworldwide turnover.