21 Amendments of Sandra KALNIETE related to 2008/0196(COD)
Amendment 419 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) 'goods' means any tangible movable item, with the exception of goods sold by way of execution or otherwise by authority of law. Water and gas shall also be considered as ‘goods’ within the meaning of this directive where they are put up for sale in a limited volume or set quantity;
Amendment 422 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) 'sales contract' means any contract for the sale of goods by the trader to the consumer including any mixed-purpose contract having as its object both goods and serviceswhereby a trader grants ownership of goods to a consumer in accordance with the applicable national law, or undertakes to grant such ownership, and whereby the consumer undertakes to pay the price. Contracts for the supply of goods to be manufactured or produced shall also be defined as sales contracts for the purposes of this Directive;
Amendment 446 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘mixed-purpose contract’ means any contract that includes both aspects relating to the provision of services and aspects relating to the supply of goods;
Amendment 554 #
Proposal for a directive
Article 4 b (new)
Article 4 b (new)
Amendment 614 #
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence of a right of withdrawal, where applicable;, the conditions, period and procedure for exercising that right, with information that the consumer would be liable to pay for the traders reasonable costs according to Article 17(2) if he decides to use the right of withdrawal after having made a request in accordance to Article 10.2 (a) or 11.4(a).
Amendment 655 #
Proposal for a directive
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the business is subject, and the methods for having access to it, where applicable.
Amendment 678 #
Proposal for a directive
Article 5 – paragraph 3 e (new)
Article 5 – paragraph 3 e (new)
3e. Article 5 is without prejudice to Directive 2000/31/EC of the European Parliament and of the Council.
Amendment 752 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
Amendment 760 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall not impose any further formal requirements other than those provided forfor the fulfilment of the information obligations referred to in paragraphs 1 and 2 5(1).
Amendment 808 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. If a consumer wishes the provision of service to begin during the withdrawal period, he shall make such a request to the trader on a durable medium.
Amendment 822 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall not impose any further formal requirements other than those provided forfor the fulfilment of the information obligations referred to in paragraphs 1 to 4 5(1).
Amendment 888 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Before expiry of the withdrawal period, the consumer shall inform the trader of his decision to withdraw. For this purpose, the consumer may (a) either use the model withdrawal form as set out in Annex I(B) or make any other clearly worded statement on a durable medium, or b) return the goods to the trader. Member States shall not provide for any other formal requirements applicable to this model withdrawal form.
Amendment 940 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b). For service contracts subject to a right of withdrawal, the consumer shall bear no cost for services performed, in full or in part, during the withdrawal period when the trader has failed to provide information in accordance to Article 5.1(e) or when the consumer has not requested the performance of the service to begin during the withdrawal period in accordance to Article 10.2 (a) or 11. 4(a).
Amendment 963 #
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
Amendment 1168 #
Proposal for a directive
Article 24 – paragraph 4 – point b
Article 24 – paragraph 4 – point b
(b) by the time of conclusion of the contract the statement had been corrected in a manner equivalent to that in which it was made or at least prominently in the contract document;
Amendment 1267 #
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. TWithout prejudice to paragraph 5(b), the consumer may insist on a reasort to any remedy available under paragraph 1, where one of the following situations exists:nable reduction in price or rescission of the contract, where one of the following situations exists: (a) the consumer is entitled to neither repair nor replacement; (aa) the trader has refused explicitly or by his conduct to remedy the lack of conformity; (b) the trader has failed to remedy the lack of conformity within a reasonable time; (c) the trader has remedied the lack of conformity, causing significant inconvenience to the consumer; (d) the same defect has reappeared more than once within a short time of the repair.
Amendment 1329 #
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 two years as from the time the risk passed to the consumer. Where the lack of conformity relates to a good used in connection with a service regarding work on an immovable property, the trader shall be held liable under Article 25 when the lack of conformity becomes apparent within ten years as from the time the risk passed to the consumer.
Amendment 1408 #
Proposal for a directive
Article 29 – paragraph 4 c (new)
Article 29 – paragraph 4 c (new)
4c. When the guarantee statement relates to a lack of conformity and the lack of conformity becomes apparent before the expiration of the duration period of the guarantee, the lack of conformity shall be presumed to have existed at the time when the risk passed to the consumer, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
Amendment 1524 #
Proposal for a directive
Article 42 a (new)
Article 42 a (new)
On the basis of the notifications from Member States and in order to ensure the same high level of consumer protection across the EU, the Commission shall present a proposal on the possibility of introducing a common system of penalties.
Amendment 1527 #
Proposal for a directive
Article 44 – paragraph 1
Article 44 – paragraph 1
Member States shall take appropriate measures to inform consumers and traders 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 1529 #
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
The consumer shall be exempted from the provision of any consideration in cases of unsolicited supply of a product as prohibited by Article 5(5) and point 29 of Annex I of Directive 2005/29/EC. The absence of a response from the consumer following such an unsolicited supply shall not constitute consent and the consumer may keep or dispose of any good delivered.