4 Amendments of Ildikó GÁLL-PELCZ related to 2016/0152(COD)
Amendment 138 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In case the commercial practice of the trader does not correspond to his or her indication pursuant to Article 8a, Article 6 of Regulation (EC) No 593/2008 and Article 18 of Regulation (EU) 1215/2012 should apply. Moreover, this should be without prejudice to any trader's liability for misleading or unfair practice pursuant to Directive 2005/29/EC of the European Parliament and of the Council 1a. _______________ 1aDirective 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 and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (ʻUnfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).
Amendment 202 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) In all those situations, the general conditions of access should comply with the laws and regulations of the Member State where the trader pursues his or her activities or to which he or she directs his or her activities. A trader need not ensure that the general conditions of access comply with the laws and regulations, or use the language, of the Member State of residence of a consumer to whom the trader does not intend to sell.
Amendment 220 #
Proposal for a regulation
Recital 25
Recital 25
(25) Directive 2015/2366/EU of the European Parliament and of the Council28 introduced strict security requirements for the initiation and processing of electronic payments, which reduced the risk of fraud for all new and more traditional means of payment, especially online payments. Payment service providers are obliged to apply so-called strong customer authentication, an authentication process that validates the identity of the user of a payment service or of the payment transaction. For remote transactions, such as online payments, the security requirements go even further, requiring a dynamic link to the amount of the transaction and the account of the payee, to further protect the user by minimising the risks in case of mistakes or fraudulent attacks. As a result of theose provisions, the risk of payment fraud in national and cross-border purchases ihas brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the Union. een significantly reduced. However, in case of direct debits where the trader might not be able to assess a consumer's creditworthiness properly, or it would require entering into a new or modified contract with the payment solution providers, the trader should be allowed to request an advance payment via SEPA credit transfer before dispatching the goods or providing the service. Different treatment is therefore justifiable in situations where there are no other means available to the trader to verify the creditworthiness of the consumer. __________________ 28 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35– 127).
Amendment 362 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) receive electronically supplied services, the main feature of which is the provision of access to and use of copyright-protected works or other protected subject matter, in respect of which the trader has the requisite rights for the territory from which the consumer seeks to receive such services;