25 Amendments of Jonás FERNÁNDEZ related to 2022/0147(COD)
Amendment 16 #
Proposal for a directive
Recital 4
Recital 4
(4) Ensuring the samea high level of consumer protection across the internal market is best achieved through fullstrong harmonisation. Full hHarmonisation is necessary in order to ensure that all consumers in the Union enjoy a high and equivalent level of protection of their interests and to create a well-functioning internal market. Nonetheless, Member States should therefore not be allowed to maintain or introduce national provisions other than those laid down in this Directive, with respect to aspects covered by the Directive, unless otherwise provided in this Directive. Where no such harmonised provisions exist, Member States should remain free to maintain or introduceadopt more stringent national legislation.
Amendment 49 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 1
Article 3 – paragraph 1b – subparagraph 1
‘(1b) ‘Only Articles 1 and 2, Article 3(2), (5) and (6), Article 4, Articles 16a to 16e, Article 19, Articles 21 to 23, Article 24(1), (2), (3) and (4) and, Articles 25 and 26 shall apply to distance contracts concluded between a trader and a consumer for the supply of financial services.
Amendment 52 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 3 – paragraph 3 – point (d)
Article 3 – paragraph 3 – point (d)
(d) for financial services, nother than distance contracts covered by Article 3(1b).
Amendment 53 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Information requirements for distance contracts for consumer financial services
Amendment 56 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point a
Article 16a – paragraph 1 – point a
(a) the identity and the main business of the trader and, where applicable, that of the trader on whose behalf he is acting;
Amendment 60 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point c
Article 16a – paragraph 1 – point c
(c) if different from the address provided in accordance with point (b), the geographical address of the place of business of the trader, and, where applicable, that of the trader on whose behalf hnformation on how the consumer can access effective remedial actions when subject to unfair, deceptive or fraudulent practices, on the right to have access to redress mechanisms to resolve dis acting,putes and, to whom and where the consumer can address any complaints;
Amendment 62 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point d
Article 16a – paragraph 1 – point d
(d) where the trader is registered in a trade or similar public register, the trade register in which the trader is entered and the registration number or an equivalent means of identification in that register;
Amendment 63 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point e
Article 16a – paragraph 1 – point e
(e) where the trader's activity is subject to an authorisation scheme, the particularname and address of the relevant supervisory authority;
Amendment 68 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point i
Article 16a – paragraph 1 – point i
(i) where relevant notice indicating that the financial service is related to instruments involving special risks related to their specific features or the operations to be executed or whose price depends on fluctuations in the financial markets outside the trader's control and that historical performances are not indicators for future performances;
Amendment 76 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point u
Article 16a – paragraph 1 – point u
(u) in which language, or languages, the contractual terms and conditions, and the prior information referred to in this Article are supplied, and furthermore in which language, or languages, the trader, with the agreement of the consumer, undertakes to communicate during the duration of thise distance contract;
Amendment 79 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point v a (new)
Article 16a – paragraph 1 – point v a (new)
(v a) the indication of protection of the consumer personal data and on the use of such data in accordance with Regulation (EU) 2016/679;
Amendment 84 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 1
Article 16a – paragraph 2 – subparagraph 1
In the case of telephone communications, the identity of the trader and the commercial purpose of the call initiated by the trader shall be made explicitly clear at the beginning of any conversation with the consumer. The trader shall also notify the consumer when the call is or may be recorded.
Amendment 94 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 4 – subparagraph 1
Article 16a – paragraph 4 – subparagraph 1
The information referred to in paragraph 1 shall be made availableprovided to the consumer on a durable medium and laid out in a way that is easy to read, using characters of readable sizbe legible and in plain language.
Amendment 98 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 4 – subparagraph 3
Article 16a – paragraph 4 – subparagraph 3
In case the trader decides to layer theof layering of information, it shall be possible to view, save and print the information referred to in paragraph 1 as one single document.
Amendment 99 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 5a (new)
Article 16a – paragraph 5a (new)
5 a. Member States may maintain or adopt more stringent provisions on information requirements than those referred to in this Article.
Amendment 100 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 6a (new)
Article 16a – paragraph 6a (new)
6 a. Where another Union act governing specific financial services excludes a particular financial service from its application such Union act contains rules on the information to be provided to the consumer prior to the conclusion of the contract, no pre- contractual information requirements shall apply to those specific financial services, unless provided otherwise in that act.
Amendment 106 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – introductory part
Article 16b – paragraph 2 – point a – introductory part
(a) consumer financial services whose price depends on fluctuations in the financial market outside the traders control, which may occur during the withdrawal period, such as services related to:
Amendment 107 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 8
Article 16b – paragraph 2 – point a – indent 8
Amendment 118 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 2
Article 16b – paragraph 5 – subparagraph 2
The withdrawal button shall be placed in a prominent manner and permanently available during the entire withdrawal period on the same electronic interface as the one used to conclude the distance contract. The withdrawal button shall be easily accessible on the website of the trader. The email confirmation, if sent, of the conclusion of a contract shall also include the withdrawal button clearly visible. In addition, the trader may also provide the withdrawal button through another channel.
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 3 a (new)
Article 16b – paragraph 5 – subparagraph 3 a (new)
Consumers will be required to identify themselves and the contract they wish to withdraw from. The consumer shall be asked subsequently to confirm the withdrawal from the contract with a button labelled “withdraw now”.
Amendment 125 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 6 a (new)
Article 16b – paragraph 6 a (new)
6 a. Where another Union act governing specific financial services excludes a particular financial service from its application and such Union act contains rules on the right of withdrawal, no rules on the right of withdrawal shall apply to those specific financial services, unless provided otherwise in that act.
Amendment 127 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16c – paragraph 3
Article 16c – paragraph 3
3. The trader shall, without any undue delay and no later than within 30 calendar days, return to the consumer any sums the trader has received from him in accordance with the distance contract, except for the amount referred to in paragraph 1. This period shall begin from the day on which the trader receives the notification of withdrawal.
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16c – paragraph 4
Article 16c – paragraph 4
4. The consumer shall return to the trader any sums he or she has received from the trader without any undue delay and no later than within 30 calendar days. This period shall begin from the day on which the consumer withdraws from the contract.
Amendment 149 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall adopt and publish by [124 months from adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 150 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
They shall apply those provisions from [the date after 124 months from adoption].