Activities of Sylvana RAPTI related to 2008/0196(COD)
Plenary speeches (1)
Consumer rights (debate)
Amendments (88)
Amendment 301 #
Proposal for a directive
Recital 17
Recital 17
(17) Consumers should be entitled to receive information before the conclusion of the contract in a language they understand. However traders should not have to provide the information when already apparent from the context, but should be required to draw the attention of consumers to such information and answer any queries or provide explanations. 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 context.
Amendment 305 #
Proposal for a directive
Recital 21
Recital 21
(21) In the case of distance contracts, the information requirements should be adapted to take into account the technical constraints of certain media, such as the restrictions of the number of characters on certain mobile telephone screens or the time constraint on television sales spots. In this case the trader should comply with a minimum set of information requirements and refer the consumer to another source of information, for instance by providing a toll free telephone number or a hypertext link to a webpage of the trader where the relevant information is directly available and, easily accessible, clear and in a language which the consumer understands.
Amendment 313 #
Proposal for a directive
Recital 25
Recital 25
(25) The rules on distance contracts should be without prejudice to the provisions on the conclusion of e-contracts and the placing of e-orders as set out by Articles 9 and 11 of 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), and in any case consumers should not be bound by the contract unless he or she has received all the information set out in Article 5 of this directive.
Amendment 346 #
Proposal for a directive
Recital 40
Recital 40
(40) If the good is not in conformity with the contract, firstly, the consumer should 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 effort.
Amendment 365 #
Proposal for a directive
Recital 44
Recital 44
(44) Some traders or producers offer consumers commercial guarantees. In order to ensure that consumers are not misled, the commercial guarantees should include certain information, including their duration, territorial scope and a statement that the commercial guarantee does not affect the consumer's legal rights. This information should be provided in a language which the consumer understands.
Amendment 373 #
Proposal for a directive
Recital 47
Recital 47
(47) Consumer contracts should be drafted in plain, intelligible language and be legible, be legible and at all events be available at least in the language of the consumer. Traders should be free to choose the font type or size in which the contract terms are drafted, providing they meet the above conditions and comply with any requirements of Member States. Furthermore, terms of contracts should also appear prominently in the contract and be available in the language in which the contract has been drawn up. Member States may maintain or introduce in their national law additional requirements concerning better presentation of the terms. 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. 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 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 382 #
Proposal for a directive
Recital 52
Recital 52
Amendment 386 #
Proposal for a directive
Recital 53
Recital 53
Amendment 388 #
Proposal for a directive
Recital 55
Recital 55
(55) The Member States should ensure that their courts or administrative authorities have at their disposal adequate and effective means of preventing the continued application of unfair terms in consumer contracts.
Amendment 391 #
Proposal for a directive
Recital 57
Recital 57
(57) Persons or organisations regarded under national law as having a legitimate interest in protecting consumer contractual rights should be able to initiate collective protection proceedings and afforded legal remedies for initiating proceedings, either before a court or before an administrative authority which is competent to decide upon complaints or to initiate appropriate legal proceedings.
Amendment 394 #
Proposal for a directive
Recital 60
Recital 60
(60) The European Commission will look into the most appropriate way to ensure that all consumers are made aware of their rights at the point of sale and in so far as possible elsewhere.
Amendment 395 #
Proposal for a directive
Recital 63
Recital 63
(63) It is appropriate to review this Directive if consumer protection problems and some barriers to the internal market were identified. The review could lead to a Commission proposal to amend this Directive, which may include amendments to other consumer protection legislation reflecting the Commission's Consumer Policy Strategy commitment to review the acquis in order to achieve a high, common level of consumer protection.
Amendment 396 #
Proposal for a directive
Recital 65
Recital 65
(65) Since the objectives of this Directive cannot be sufficiently achieved only by the Member States and can therefore in some circumstances be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to eliminate the internal market barriers and achieve a high common level of consumer protection.
Amendment 406 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1) 'consumer' means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft oor legal person for whom the products or services offered on the market are intended or who uses such products or services in so far as he or she is the final recipient. ‘Consumer’ also means any recipient of the advertising message. Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Article, including more or less stringent provisions intended to ensure a different level of consumer professtection;.
Amendment 540 #
Proposal for a directive
Article 4 – title
Article 4 – title
Amendment 545 #
Proposal for a directive
Article 4 – paragraph 1 and paragraph 1 a (new)
Article 4 – paragraph 1 and paragraph 1 a (new)
1. Member States may not maintain or introduce, in their national laws, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of as long as they guarantee a higher degree of consumer protection. 1a. The rights resulting from this Directive shall be exercised without prejudice to the provisions of another Community act governing consumer protection.
Amendment 587 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
c) the price inclusive of taxes, or where the nature of the productgood or service 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 and any other cost or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;
Amendment 695 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Prior to the conclusion of the contract, the intermediary shall disclose to the consumer, that he is acting in the name of or on behalf of another consumer and that the contract concluded, shall not be regarded as a contract between the consumer and the trader but rather as a contract between two consumers and as suchit shall be made clear to the consumer that as such the contract fallings outside the scope of this Directive and that the consumer therefore does not enjoy the protection afforded under the provisions thereof.
Amendment 731 #
Proposal for a directive
Article 10 – title
Article 10 – title
Formal requirements forpreliminary contract requirements regarding fulfilment of obligations concerning the provision of information in off-premises contracts.
Amendment 735 #
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, including the language of the consumer, and be legible. The order form shall include the standard withdrawal form set out in Annex I(B).
Amendment 750 #
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 received by him prior to completion of the contract and in cases where the order form is not on paper, receives a copy of the order form on another durable medium.
Amendment 766 #
Proposal for a directive
Article 11 – title
Article 11 – title
Formal preliminary contract requirements for distance contracts
Amendment 772 #
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) shall be given or made available to the consumer prior toin time for the conclusion of the contract, in plain and intelligible languagebefore the consumer is bound by the distance contract or offer. The information shall be provided in plain and intelligible language, including the language of the consumer, and be legible and clear, in a way appropriate to the means of distance communication used.
Amendment 780 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Online contracts requiring the consumer to make payment shall only be binding on the consumer following express confirmation of the information provided for under Article 5(1)(c).
Amendment 902 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The trader shall reimburse anyll payments received from the consumer within thirtyout delay and at the latest fourteen days from the day on which he receives the communication of withdrawal. .
Amendment 955 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. In respect of distance contracts, and off- premises contracts, the consumer shall not enjoy the right of withdrawal shall not applyfrom the contract as regards the following:
Amendment 965 #
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
Amendment 973 #
Proposal for a directive
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) the supply of goods made to the consumer's specifications or clearly personalized or which are liable to deteriorate or expire rapidly;
Amendment 975 #
Proposal for a directive
Article 19 – paragraph 1 – point c a (new)
Article 19 – paragraph 1 – point c a (new)
Amendment 994 #
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, on unsealing the goods, the consumer ascertains non-conformity under the provisions of Article 17(2);
Amendment 1011 #
Proposal for a directive
Article 19 – paragraph 1 – point h
Article 19 – paragraph 1 – point h
(h) contracts concluded at an public auction.
Amendment 1074 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 1080 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a With regard to Articles 21 to 29, unless otherwise stated in this Directive, Member States may enact or maintain in force more stringent provisions, in accordance with the Treaty, in the area covered by this Directive, so as to ensure a higher level of protection for consumers.
Amendment 1088 #
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. In case of agreement on the day of delivery, the consumer may choose the day of delivery which shall not exceed a period of thirty days from the day of the conclusion of the contract.
Amendment 1101 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where the trader has failed to fulfil his obligations to deliver, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1. on time as provided for in paragraph 1 and where responsibility for this clearly lies with the trader, the consumer shall be entitled under national law to rescind the contract and seek a refund of any sums paid within a reasonable period of time and in no case later than seven days from the date on which the trader was informed of the consumer's decision to rescind the contract.+
Amendment 1163 #
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 should reasonably have been aware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer.
Amendment 1190 #
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. As provided forIn accordance with the conditions laid down in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to: Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1203 #
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, , Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1209 #
Proposal for a directive
Article 26 – paragraph 1 – point aa (new)
Article 26 – paragraph 1 – point aa (new)
αα) have the lack of conformity remedied by replacement, Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1238 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The trader shall remedy the lack of conformity by either repair or replacement according to his choice. the consumer's choice. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1317 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Without prejudice to the provisions of this Chapter, the consumer may claim damages in accordance with national legislation for any loss not remedied in accordance with Article 26.
Amendment 1326 #
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 1340 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. When the tradconsumer has remediedobjective difficulties in identifying the lack of conformity byand it is replacement, heted to the purpose for which goods of the same type are normally used, as provided in Article 24, paragraph 2(c), the trader shall be held liable under Article 25 where the lack of conformity becomes apparent within twoen years as from the time the consumer or a third party indicatrisk passed byto the consumer has acquired the material possession of the replaced goods.
Amendment 1351 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. In the case of second-hand goods, the trader and the consumer may agree on a shorter liability period, which may not be less than one year from the time the risk passed to the consumer.
Amendment 1367 #
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 1383 #
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. The trader shall provide the consumer with a guarantee statement in writing or by any other technical means of reproduction which may be available and accessible to the consumer. In the absence of the guarantee statement, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.
Amendment 1384 #
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1 (new)
Article 29 – paragraph 1 – subparagraph 1 (new)
The guarantee shall be in accordance with the rules of good faith and shall not be subject to unreasonable exemption clauses.
Amendment 1385 #
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 2 (new)
Article 29 – paragraph 1 – subparagraph 2 (new)
The duration of the guarantee shall be reasonable in relation to the probable life of the product. With particular regard to hi-tech products, the duration of the guarantee shall be reasonable in relation to the time it is expected that they will remain up-to-date from a technological point of view, if that period of time is shorter than their probable life.
Amendment 1386 #
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 3 (new)
Article 29 – paragraph 1 – subparagraph 3 (new)
Where new, long-life products (consumer durables) are supplied, the provision of a written guarantee shall be mandatory.
Amendment 1391 #
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 in any case at least in the official languages of the EU and be legible. It shall include the following:
Amendment 1395 #
Proposal for a directive
Article 29 – paragraph 2 – point a
Article 29 – paragraph 2 – point a
a) legal rights of the consumer, as provided for in Articles 26 and 28, and by any additional provisions of current national legislation, and a clear statement that those rights are not affected by the commercial guarantee,
Amendment 1397 #
Proposal for a directive
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
Amendment 1403 #
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
Amendment 1434 #
Proposal for a directive
Article 30 a (new)
Article 30 a (new)
In relation to Articles 30-39, except where otherwise provided in this directive, Member States may adopt or retain in force more stringent provisions, which are consistent with the Treaty in the area governed by this directive, in order to ensure a higher level of consumer protection.
Amendment 1445 #
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Contract terms shall be made available to the consumer at a time and in a manner which gives him a real opportunity of becoming acquainted with them before the conclusion of the contract, with due regard to the circumstances and the means of communication used.
Amendment 1473 #
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, before, at the time of and after the conclusion of the contract, to all the circumstances attending 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 1506 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
Contract terms, which are unfair and are not compatible with the transparency requirements laid down in Article 31, paragraphs 1 and 2, of the present directive, shall not be binding on the consumer. The contract shall continue to bind the parties if it can remain in force without the unfair and non-transparent terms.
Amendment 1513 #
Proposal for a directive
Article 39
Article 39
Amendment 1528 #
Proposal for a directive
Article 44 – paragraph 1
Article 44 – paragraph 1
Member States and the Commission shall take appropriate measures to inform consumers of the national provisions transposing this Directive and shall, where appropriate, encourage traders and code owners to inform consumers of their codes of conduct.
Amendment 1551 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint a (new)
Annex 2 – paragraph 1 – point 5 – subpoint a (new)
Amendment 1552 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint b (new)
Annex 2 – paragraph 1 – point 5 – subpoint b (new)
Amendment 1553 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint c (new)
Annex 2 – paragraph 1 – point 5 – subpoint c (new)
Amendment 1554 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint d (new)
Annex 2 – paragraph 1 – point 5 – subpoint d (new)
Amendment 1555 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint e (new)
Annex 2 – paragraph 1 – point 5 – subpoint e (new)
Amendment 1556 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint f (new)
Annex 2 – paragraph 1 – point 5 – subpoint f (new)
Amendment 1557 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint g (new)
Annex 2 – paragraph 1 – point 5 – subpoint g (new)
Amendment 1558 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint h (new)
Annex 2 – paragraph 1 – point 5 – subpoint h (new)
Amendment 1559 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint i (new)
Annex 2 – paragraph 1 – point 5 – subpoint i (new)
Amendment 1560 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint j (new)
Annex 2 – paragraph 1 – point 5 – subpoint j (new)
Amendment 1561 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint k (new)
Annex 2 – paragraph 1 – point 5 – subpoint k (new)
Amendment 1562 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint l (new)
Annex 2 – paragraph 1 – point 5 – subpoint l (new)
Amendment 1563 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint m (new)
Annex 2 – paragraph 1 – point 5 – subpoint m (new)
Amendment 1564 #
Proposal for a directive
Annex 3 – paragraph 1 – point a
Annex 3 – paragraph 1 – point a
Amendment 1566 #
Proposal for a directive
Annex 3 – paragraph 1 – point b
Annex 3 – paragraph 1 – point b
Amendment 1567 #
Proposal for a directive
Annex 3 – paragraph 1 – point c
Annex 3 – paragraph 1 – point c
Amendment 1570 #
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; eleted Or.el (move to Annex II)
Amendment 1572 #
Proposal for a directive
Annex 3 – paragraph 1 – point e
Annex 3 – paragraph 1 – point e
Amendment 1573 #
Proposal for a directive
Annex 3 – paragraph 1 – point f
Annex 3 – paragraph 1 – point f
Amendment 1574 #
Proposal for a directive
Annex 3 – paragraph 1 – point g
Annex 3 – paragraph 1 – point g
Amendment 1577 #
Proposal for a directive
Annex 3 – paragraph 1 – point i
Annex 3 – paragraph 1 – point i
Amendment 1579 #
Proposal for a directive
Annex 3 – paragraph 1 – point k
Annex 3 – paragraph 1 – point k
Amendment 1585 #
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint a (new)
Annex 3 – paragraph 1 – point 12 – subpoint a (new)
Amendment 1586 #
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint b (new)
Annex 3 – paragraph 1 – point 12 – subpoint b (new)
Amendment 1587 #
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint c (new)
Annex 3 – paragraph 1 – point 12 – subpoint c (new)
Amendment 1588 #
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint d (new)
Annex 3 – paragraph 1 – point 12 – subpoint d (new)
Amendment 1589 #
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint e (new)
Annex 3 – paragraph 1 – point 12 – subpoint e (new)
Amendment 1590 #
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint f (new)
Annex 3 – paragraph 1 – point 12 – subpoint f (new)
Amendment 1591 #
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint g (new)
Annex 3 – paragraph 1 – point 12 – subpoint g (new)