9 Amendments of Mady DELVAUX related to 2016/0152(COD)
Amendment 147 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Regulation seekis to contribute to the proper functioning of the internal market by preventing discrimination based, directly or indirectly, on the nationality, place of residence or place of establishment of customers. This Regulation defines situations in which differences in conditions of access cannot be justified by objective criteria under the provisions of article 20(2) of Directive 2006/123/EC. Insofar as the provisions of this Regulation conflict with the provisions of Article 20(2) of Directive 2006/123/EC, the provisions of this Regulation shall prevail. Article 20(2) of Directive 2006/123/EC continues to fully apply to situations that are not covered by this Regulation and that fall within the scope of Directive 2006/123/EC.
Amendment 153 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 160 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Amendment 165 #
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 185 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. TWithin each of their points of sale, traders shall not apply different general conditions of access to their goods or services, for reasons related to the nationality, place of residence or place of establishment of the customer, in the following situations:
Amendment 188 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) where the trader sells goods, and those goods are not delivered cross-border to tin his or her Member State of establishment to the customer by, in the trader or on his or her behalfs premises or at any other physical location in that Member Sate;
Amendment 198 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Traders shall have the possibility not to deliver goods or provide services across borders in cases where the delivery or the provision creates additional costs and/or requires additional arrangements on the trader's behalf.
Amendment 206 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a The prohibition set out in in paragraph 1 shall not apply in cases where the trader, before concluding a contract with the consumer: a) asked for the consumer's explicit consent to submit contractual obligations to the law and to the jurisdiction proposed in the trader's general conditions of access, and b) the consumer refused to give his/her explicit consent to the trader's proposal.
Amendment 207 #
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Article 4 b In cases where contractual disputes arise between traders and consumers, and where judicial proceedings are started, the applicable law and place of jurisdiction: a) are those proposed by the trader in his/her general conditions of access, if the consumer explicitly agreed to submit contractual obligations to the law and the jurisdiction proposed in the trader's general conditions of access, or b) are determined according to the rules laid down in Regulation (EC) 593/2008 "Rome I" and Regulation (EU) 1215/2012 "Brussels I", if the trader did not receive the consumer's explicit consent to submit the contract to a specific law or place of jurisdiction. In this case compliance with this Regulation shall not be construed as implying that a trader directs his or her activities to the Member State where the consumer has his habitual residence or domicile within the meaning of point (b) of Article 6(1) of Regulation (EC) 593/2008, and point (c) of Article 17(1) of Regulation (EU) 1215/2012.