20 Amendments of Frank ENGEL related to 2008/0196(COD)
Amendment 289 #
Proposal for a directive
Recital 16
Recital 16
(16) The definition of durable medium should include in particular documents on paper, and the different types of bulk data storage (such as USB sticks, CD-ROMs, DVDs, memory cards and thecomputer hard drive of the computers) on which the electronic mail or a pdf file is storeddata are stored interchangeably.
Amendment 321 #
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 standardstandardised Union-wide withdrawal form to be used by the consumer should simplify the withdrawal process and bring legal certainty. For these reasons, Member States should refrain from adding any presentational requirements to the CommunityUnion-wide standardised form relating for example to the font size.
Amendment 553 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Targeted full harmonisation Save as otherwise provided by this Chapter, Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Chapter.
Amendment 738 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. With respect to off-premises contracts, the information provided for in Article 9 shall be given in the order form in plain and intelligible language and be legible. The order form shall include the standardised European withdrawal form set out in Annex I(B).
Amendment 792 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Electronic trading sites shall be required to indicate clearly and legibly on their homepage whether there are restrictions of any kind – including on means of payment – regarding delivery to certain countries. Consumers shall be provided, on request, with the reasons for such restrictions.
Amendment 885 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Member States shall not provide for any other formal requirements applicable to this standardised European withdrawal form.
Amendment 892 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. For distance contracts concluded on the Internet, the trader may, in addition to the possibilities referred to in paragraph 1, give the option to the consumer to electronically fill in and submit the standardised European 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 971 #
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
Amendment 1128 #
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Member States may not maintain or introduce provisions of national law which depart from the provisions of this Article.
Amendment 1172 #
Proposal for a directive
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5a. Member States may not maintain or introduce provisions of national law which depart from the provisions of this Article.
Amendment 1407 #
Proposal for a directive
Article 29 – paragraph 4 b (new)
Article 29 – paragraph 4 b (new)
4b. Member States may not maintain or adopt provisions of national law which depart from the provisions of this Article.
Amendment 1463 #
Proposal for a directive
Article 31 – paragraph 4 c (new)
Article 31 – paragraph 4 c (new)
4c. Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1479 #
Proposal for a directive
Article 32 – paragraph 3 c (new)
Article 32 – paragraph 3 c (new)
3c. Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1485 #
Proposal for a directive
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1504 #
Proposal for a directive
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1507 #
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1537 #
Proposal for a directive
Annex 1 – paragraph A
Annex 1 – paragraph A
A. Information to be provided with the European withdrawal form
Amendment 1539 #
Proposal for a directive
Annex 1 – paragraph 1
Annex 1 – paragraph 1
1. The name, geographical address and the email address of the trader to whom the European withdrawal form must be sent.
Amendment 1540 #
Proposal for a directive
Annex 1 – paragraph 4
Annex 1 – paragraph 4
4. For distance contracts concluded on the Internet, a statement that the consumer can electronically fill in and submit the standardmodel European withdrawal form on the trader's website and that he will receive an acknowledgement of receipt of such a withdrawal from the trader by email without delay.
Amendment 1541 #
Proposal for a directive
Annex 1 – paragraph B
Annex 1 – paragraph B
B. Model European withdrawal form