[ParlTrack]

Proposal for a directive
Recital 4

(4) In accordance with Article ~~14(2)~~26 of the Treaty on the Functioning of the European Union, the internal market comprises an area without internal frontiers in which the free movement of goods ~~and~~, persons, services and ~~freedom of establishment~~capital are ensured. The harmonisation of certain aspects of consumer contract law is necessary for the promotion of a real ~~consumer~~ internal market ~~striking~~for consumers and traders which strikes the right balance between a high level of consumer protection, in line with Articles 12 and 114(3) of the Treaty on the Functioning of the European Union, and the competitiveness of enterprises, while ensuring the respect of the principle of subsidiarity.

2010/10/13
Committee: JURI

Alexandra THEIN

Proposal for a directive
Recital 16

(16) The definition of durable medium should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of the computer on which the electronic mail or a pdf file is, or other files which allow the unchanged reproduction of the information they contain, is stored. Internet sites as such should not be regarded as durable media unless such sites meet the criterion of allowing the unchanged reproduction of the information stored.

2010/10/13
Committee: JURI

Alexandra THEIN

Proposal for a directive
Recital 64 a (new)

(64a) All the directives and regulations (the 'consumer acquis') listed in the Annexes to Directive No 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests1 and Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of the consumer protection law (the regulation on consumer protection cooperation)2 should be consolidated. 1 OJ L 110, 1.5.2009, p. 30. 2 OJ L 364, 9.12.2004, p. 1.

2010/10/13
Committee: JURI

Alexandra THEIN

Proposal for a directive
Recital 64 b (new)

(64b) In accordance with point 34 of the Interinstitutional Agreement on better law-making1, Member States are encouraged to draw up, for themselves and in the interests of the Union, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public. 1 OJ C 321, 31.12.2003, p. 1.

2010/10/13
Committee: JURI

Alexandra THEIN

Proposal for a directive
Article 47 a (new)

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29) should be deleted if Chapter V is retained. 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) should be deleted if Chapter IV is retained .Article 47a Amendments to Regulation (EC) No 2006/2004 The Annex to Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of the consumer protection law (the Regulation on consumer protection cooperation shall be replaced by the following: ‘Annex Directives and Regulations covered by Article 3(a): 1. Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ L 158, 23.6.1990, p. 59). 2. Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29). 3. 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 (OJ L 80, 18.3.1998, p. 27). 4. 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).[to be deleted should Chapter IV be kept] 5. Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L 178, 17.7.2000 p. 1) 6. Articles 86 to 100 of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67), as last amended by Commission Directive 2009/120/EC of 14 September 2009 (OJ L 242, 15.9.2009, p. 3). 7. Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications): Article 13 (OJ L 201, 31.7.2002, p. 37). 8. Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services (OJ L 271, 9.10.2002, p. 16). 9. Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights (OJ L 46, 17.2.2004, p. 1). 10. 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 (OJ L 149, 11.6.2005, p. 22). 11. Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (codified version) (OJ L 376, 27.12.2006, p. 21). 13. Directive 2008/48/EC of the European Parliament and the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66) 14. Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (OJ L 33, 3.2.2009, p. 10). 16. 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) 17. Regulation (EU) No. 2010/.. of the European Parliament and of the Council of … 2010 concerning the rights of passengers when travelling by sea and inland waterway (OJ L …, p. ..) 18. Regulation (EU) 2010/.. of the European Parliament and of the Council of … 2010 on the rights of passengers in bus and coach transport (OJ L …, p. ..) 19. [This Directive ((OJ L …, p. ..)]” 1 OJ L 364 of 9.12.2004, p. 1. Or.de

2010/10/13
Committee: JURI

Alexandra THEIN

Proposal for a directive
Article 47 b (new)

Article 47b Amendments to Directive 2009/22/EC on injunctions for the protection of consumers' interests Annex I of Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests1 shall be reworded as follows: “ANNEX I LIST OF DIRECTIVES REFERRED TO IN ARTICLE 1 1. Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ L 158, 23.6.1990, p. 59). 2. Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29). 3. 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 (OJ L 80, 18.3.1998, p. 27). 4. 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). 5. Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects on information society services, in particular electronic commerce, in the internal market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1). 6. Articles 86 to 100 of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67), as last amended by Commission Directive 2009/120/EC of 14 September 2009 (OJ L 242, 15.9.2009, p. 3). 7. Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services (OJ L 271, 9.10.2002, p. 16). 8. 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 (OJ L 149, 11.6.2005, p. 22). 9. Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36) 10. Directive 2008/48/EC of the European Parliament and the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66) 11. Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (OJ L 33, 3.2.2009, p. 10). 12. 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) 13. [This Directive ((OJ L …, p. ..)]” 1 OJ. L 110, 1.5.2009, p. 30

2010/10/13
Committee: JURI

6 Amendments of Alexandra THEIN related to 2008/0196(COD)

ParlTrack - 2011-2024