Activities of Ashley FOX related to 2008/0196(COD)
Plenary speeches (3)
Explanations of vote
Explanations of vote
Explanations of vote
Amendments (34)
Amendment 18 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive shall only apply to financial services as regards certain off- premises contracts as provided for by Articles 8 to 20, unfair contract terms as provided for by Articles 30 to 39 and general provisions as provided for by Articles 40 to 46, read in conjunction with Article 4 on full harmonisation.
Amendment 23 #
Proposal for a directive
Article 4
Article 4
1. Unless indicated differently in this Directive, Member States may notadopt or maintain or introduce, in their national law, provisions diverging from those laid down inin force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection. 2. Where Member States maintain or introduce more stringent provisions to ensure a higher level of consumer protection in the field harmonised by this Ddirective, including more or less stringent provisions to ensure a different level of consumer protectionthese provisions must be compatible with the Treaty and must be notified to the Commission. The Commission shall make that information public on a website or in another easily accessible way. 3. The rights resulting from this Directive shall be exercised without prejudice to other rights which the consumer may invoke under the national rules governing contractual or non-contractual liability.
Amendment 28 #
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 30 #
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence or the absence of a right of withdrawal, where applicable and the conditions and procedures for exercising that right including the eventual costs of return of the goods, in accordance with Annex I;
Amendment 33 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Higher level of protection With regard to Articles 5, 6 and 7, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 34 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Chapter, except as provided for in Articles 9, 11(3), 13(1a), 19 and 20.
Amendment 36 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 37 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
Amendment 38 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 3
Article 12 – paragraph 2 – subparagraph 3
Amendment 39 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 40 #
Proposal for a directive
Article 13
Article 13
If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 10(15(1)(g) and 11(40(1), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligations1 year after the time specified in Article 12(2).
Amendment 41 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Member States can maintain national provisions allowing for a longer withdrawal period or provisions which do not set off the withdrawal period as long as the information referred to in paragraph 1 has not been provided.
Amendment 42 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The trader shall reimburse any payment received from the consumer withiincluding the costs of delivery received from the consumer without undue delay, and in any case not later than thirty days from the day on which he receives the communication of withdrawal.
Amendment 43 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 44 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
The consumer shall only be charged for the direct costs of returning of the goods unless the trader has agreed to bear that cos(s) shall be borne by the trader unless stipulated otherwise in the contract.
Amendment 45 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The consumer shall only be liable for any diminisis not required to pay for: (a) any diminution in thed 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 whanything received under the contract caused by inspection and testing; (b) any destruction, or loss of, or damage to, anything received undere the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b)contract, provided that the consumer used reasonable care to prevent such destruction, loss or damage. For services 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, the consumer is liable for any accredited costs incurred up to the point of withdrawal only when he expressly requested the early performance of the contract.
Amendment 46 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Except as provided for in this Article, the consumer does not incur any liability through the exercise of the right of withdrawal.
Amendment 49 #
Proposal for a directive
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Member States may choose not to apply Articles 8 to 19 to off premises contracts up to a specified amount. The amount may not exceed EUR 60.
Amendment 50 #
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to, according to the consumer’s choice:
Amendment 51 #
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,
Amendment 52 #
Proposal for a directive
Article 26 – paragraph 1 – point a a (new)
Article 26 – paragraph 1 – point a a (new)
(aa) have the lack of conformity remedied by replacement,
Amendment 53 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 54 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
Amendment 55 #
Proposal for a directive
Article 26 – paragraph 4 – point d
Article 26 – paragraph 4 – point d
(d) the same or another defect has reappeared more than once within a short period of time after the good was first repaired or replaced.
Amendment 56 #
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 twosix years as from the time the risk passed to the consumer.
Amendment 58 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. When the trader has remedied the lack of conformity by repair or replacement, the shall be held liable under Article 25 where the lack of conformity becomes apparent within two years asperiod specified in paragraph 1 shall be suspended from the timemoment the consumer or a third party indicated byinforms the trader of the lack of conformity until the moment the consumer has reacquired the material possession of the replaced goods.
Amendment 59 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 60 #
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 61 #
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 62 #
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a Higher level of protection With regard to Articles 21 to 29, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 509 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive shall only apply to financial services as regards certain off- premises contracts as provided for by Articles 8 to 20, unfair contract terms as provided for by Articles 30 to 39 and general provisions as provided for by Articles 40 to 46, read in conjunction with Article 4 on full harmonisation.
Amendment 893 #
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. A trader may accept notice of withdrawal by any other means in addition to the means described in (1) and (2). Where he does so, he shall acknowledge that notice in a durable medium.
Amendment 1050 #
Proposal for a directive
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Member States may choose not to apply Articles 8 to 19 to off premises contracts up to a specified amount. The amount may not exceed EUR 60.
Amendment 1195 #
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to: , according to the consumer's choice: