16 Amendments of Biljana BORZAN related to 2018/0090(COD)
Amendment 80 #
Proposal for a directive
Recital 10
Recital 10
(10) Where, as a result of the coordination mechanism under Regulation (EU) 2017/2394, a single national competent authority within the meaning of that Regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a Union dimension, it should be able to impose a fine of at least 4 % of the trader’s annual turnover in all Member States concerned by the coordinated enforcement actiontotal worldwide annual turnover.
Amendment 112 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) It should be recognised that consumers increasingly rely on online platforms to make informed decisions about goods and services they may wish to purchase. As the consumer is in a weaker position than a business, in particular in case of online shopping, this reliance should be reflected by imposing legal liability upon the operators of an online marketplace if they fail to remove misleading information provided by traders once they have been notified by a supplier.
Amendment 113 #
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
(19b) It should be noted that comparison websites do not necessarily rank and display products objectively by price and quality and that consumers may not be aware that online platform operators may receive payment in order to give undue prominence to a particular product or service. As a result, national regulatory bodies should monitor sectors where consumers tend to use comparison websites and undertake research to ascertain whether consumers' understanding of marketplace rankings is accurate. In the event that there are discrepancies then sector-specific action should be undertaken.
Amendment 114 #
Proposal for a directive
Recital 20
Recital 20
(20) In accordance with Article 15(1) of Directive 2000/31/EC45, online marketplaces should not be required to verify the legal status of third party suppliers. Instead, the online marketplace should require third party suppliers of products on the online marketplace to indicate their status as traders or non- traderOnline marketplaces should be obliged to take reasonable steps to ensure that the services they provide are not subject to misuse, leaving consumers vulnerable. There should be an adequate level of protection consistent with the nature of the goods for the purposes of consumer law and to provide thservices sold and any actual evidence of harm aris information to the online marketplace. __________________ 45 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') (OJ L 178, 17.7.2000, p. 1)g from the sale. Specifically, they should monitor activity which suggests that a trader is purporting to be a non-trader in order to influence consumers' choices and expectations of the quality of the product or service they are purchasing.
Amendment 140 #
Proposal for a directive
Recital 33
Recital 33
Amendment 151 #
Proposal for a directive
Recital 34
Recital 34
Amendment 159 #
Proposal for a directive
Recital 35
Recital 35
Amendment 167 #
Proposal for a directive
Recital 36
Recital 36
Amendment 173 #
Proposal for a directive
Recital 41
Recital 41
(41) Article 16 of the Charter of Fundamental Rights of the EU guarantees the freedom to conduct a business in accordance with Union law and national laws and practices. However, marketing across Member States of products as being identical when, in reality, they have a significantly different composition or characteristics may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise. of products as being seemingly identical or similar when, in reality, they have different composition or characteristics, without the consumer being clearly and comprehensively informed thereof, may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise. Assessments of whether different composition or characteristics exist may vary depending on the facts and circumstances of each case, but generally speaking, in cases where: one or more ingredients or their ratio in the product differs from another marketed product under the same or similar trademark or designation; this difference may change the economic behaviour of the average consumer, who would have taken a different purchasing decision where he was aware of such a difference. In order to assess whether the appearance is seemingly identical, any words, data, trademarks, brand names, illustrations or symbols relating to a particular product and placed on the package, the document, the inscription or the label in the field of vision most likely to be spotted by the consumer at first glance and which will enable him to recognise the product immediately in terms of its characteristics, taste or nature and, where appropriate, its trademark, shall be taken into account.
Amendment 185 #
Proposal for a directive
Recital 43
Recital 43
(43) However, the enforcement experience has shown that it may be unclear to consumers, traders and national competent authorities which commercial practices could be contrary to the Directive 2005/29/EC in the absence of an explicit provision. Therefore, Directive 2005/29/EC should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical to the same product marketed in several other Member Statesseemingly identical or similar to the another product marketed, where those products have significantly different composition or characteristics. Competent authorities should assess and address on a case by case basis such practices according to the provisions of the Directive. In undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers,. When assessing a trader's right to adapt products of the same brand forto different geographical markets due to, taking into account legitimate factors, such as availability or seasonality of raw materials, defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as , the competent authority should examine whether traders' right to offer products of the same brand in packages of different weight or volume in different geographical marketshe consumer has been sufficiently, clearly and comprehensibly informed by the trader about such changes so that the difference is apparent at one glance.
Amendment 208 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) Aany marketing of a product as beof seemingly identical to the same product marketed in several other Member Statesappearance to another product, which is marketed with the same or similar trademark or designation, while those products have significantly different composition or characteristics;
Amendment 264 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at least 4 % of the trader's annual turnover in the Member State or Member States concernedtotal worldwide annual turnover.
Amendment 281 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex I – point 23 a (new)
Annex I – point 23 a (new)
(6a) In Annex I, the following point is inserted: “23a. Use of the same or seemingly identical designation for a product which is marketed in one Member State or in various Member States with a different composition, without that distinction being clearly and comprehensibly marked so as to be immediately visible to the consumer; with designation meaning any words, particulars, trademarks, brands, illustrations or symbols relating to a particular product, and which are placed on the package, document, inscription or label in the field of view, which the consumer shall most likely notice immediately when purchasing, and which will enable him to recognise the product immediately in terms of its characteristics, taste or nature and, where appropriate, its brand.”
Amendment 294 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex I – point 31 a (new)
Annex I – point 31 a (new)
(6a) In Annex I, the following point is inserted: “31a. Restricting or preventing a consumer to make use of the right of withdrawal laid down in Article 9(1) of Directive 2011/83/EU.”
Amendment 354 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point d a (new)
Article 6 a – paragraph 1 – point d a (new)
(da) the operator of an online marketplace shall be liable for damages arising from a failure to take reasonable steps to remove misleading information from the website after receiving notification of the misleading information by users.
Amendment 376 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
Directive 2011/83/EU
Article 6 b (new)
Article 6 b (new)
(4a) The following Article is inserted: “Article 6b Monitoring requirements on online marketplace operators Online marketplace operators shall be obliged to take reasonable steps to ensure that the services they provide are not subject to misuse, leaving consumers vulnerable. There shall be an adequate level of protection consistent with the nature of the goods or services sold and any actual evidence of harm arising from the sale. Specifically, operators shall monitor activity which suggests that a trader is purporting to be a non-trader in order to influence consumers’ choices and expectations of the quality of the product or service they are purchasing.”