14 Amendments of Marco ZULLO related to 2016/0152(COD)
Amendment 130 #
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should not, unless strictly necessary, affect acts of Union law concerning judicial cooperation in civil matters, notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in Regulations (EC) No 593/2008 of the European Parliament and of the Council24 and (EU) 1215/2012 of the European Parliament and of the Council25, including the application of those acts and provisions in individual cases. In particular, the mere fact that a trader acts in accordance with the provisions of this Regulation should not be construed as implying that he directs his activities to the consumer’s Member State for the purpose of such application. Furthermore, for the purposes of determining the law applicable and jurisdiction, the mere fact that a trader refrains from blocking or restricting access to his online interface for customers from another Member State, or from applying different conditions of access in the situations set out in this Regulation, or from discriminating in terms of payment, does not mean that he is directing his activities towards the customer’s Member State, unless the trader has shown a clear intention to direct his activities towards the Member State where the customer is resident or habitually domiciled, for instance through a delivery capacity or through advertising traceable to him. __________________ 24 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). 25 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 148 #
Proposal for a regulation
Recital 12
Recital 12
(12) Both consumers and undertakings should be safeguard, in particular micro-enterprises and SMEs, meet similar conditions of access when acquiring goods and services as end- users. Therefore, both consumers and undertakings should be protected from discrimination for reasons related to their nationality, place of residence or place of establishment when acting as customers for the purposes of this Regulation. However, that protection should not extend to customers purchasing a good or a service for resale, conversion, processing, or renting because it would affect widely used distribution schemes between undertakings in a business to business context, often negotiated bilaterally and linked to commercial strategies, such as selective and exclusive distribution, which generally allow for manufacturers to select their retailers, subject to compliance with the rules on competition.
Amendment 160 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency, including with respect to prices, traders should not, through the use of technological measures or otherwise, prevent customers from having full and equal access to online interfaces, including all versions of the applications available, on the basis of their nationality, place of residence or place of establishment. Such technological measures can encompass, in particular, any technologies used to determine the physical location of the customer, including the tracking of that by means of IP address, coordinates obtained through a global navigation satellite system or data related to a payment transaction. However, that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers.
Amendment 179 #
Proposal for a regulation
Recital 17
Recital 17
(17) In a number of specific situations, any differences in the treatment of customers through the application of general conditions of access, including outright refusals to sell goods or to provide services, for reasons related to the customers’ nationality, place of residence or place of establishment cannot be objectively justified. In those situations, all such discrimination should be prohibited and customers should consequently be entitled, under the specific conditions laid down in this Regulation, to engage in commercial transactions under the same conditions as a local customer and have full and equal access to any of the different goods or services offered irrespective of their nationality, place of residence or place of establishment. Where necessary, traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access. However, the prohibition applicable in those situations should not be understood as precluding traders from directing their activitiedoes not prevent traders from making use of targeted offers atnd different Member States or certain groups of customers with targeteding terms and conditions, or of commercial offers andings differing terms and conditionsfrom one Member State to another, including through the setting-up of country-specific online interfaces.
Amendment 185 #
Proposal for a regulation
Recital 18
Recital 18
(18) The first of those situations is where the trader sells goods and there is no cross-border delivery of those goods by or on behalf of the trader to the Member State where the customer resides. In that situation the customer should be able to purchase goods, under exactly the same conditions, including price and conditions relating to the delivery of the goods, as similar customers who are residents of the Member State of the traderwhere the trader makes deliveries. This Regulation does not oblige the trader to make deliveries to given Member States, where this is not explicitly provided for in the terms and conditions of sale, even if the customer is resident or established in one of those Member States. In such cases the trader may give the customer the option of collecting the goods at an agreed collection point in the Member State of the trader or, in any event, a Member State to which the trader has indicated that he is willing to make the delivery. That may mean that a foreign customer will have to pick up the good in that Member State, or in a different Member State to which the trader delivers. In this situation, there is no need to register for value added tax (“VAT”) in the Member State of the customer, nor arrange for the cross-border delivery of goods. The costs of shipping and transport from the collection point agreed in the contract, and the related risks, should be borne by the customer.
Amendment 188 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Pursuant to Directive 1999/44/EC a trader is obliged to repair or replace, free of charge, goods which are not in conformity with the contract. The trader has to inform the customer that the shipping and transport costs necessary in order to bring the goods into conformity include only those costs incurred by the trader in shipping or transporting the goods from the place where, as agreed in the contract, the customer first collected the goods and the costs incurred by the trader in shipping or transporting the repaired or replacement goods to that place. The shipping and transport costs incurred by the customer in taking the goods to the agreed initial collection point and the shipping and transport costs incurred by the customer in collecting the repaired and replacement goods from that place, and the related risks, should be borne by the customer.
Amendment 226 #
Proposal for a regulation
Recital 27
Recital 27
(27) Member States should designate one or more bodies responsible for taking effective action to monitor and to secure compliance with the provision of this Regulation. Member States should also ensure that traders comply with the provisions of this Regulation and, in the event of any breaches, that effective, proportionate and dissuasive penalties can bare imposed on traders in the event of any breach of this Regulation.
Amendment 233 #
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation should be regularly evaluated, with a view to proposing amendments where necessary. The first evaluation should concentrate, in particular, on the possible extension of the prohibition of Article 4(1)(b) to 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, provided that the trader has the requisite rights for the relevant territories. The second evaluation should determine whether, in the new more open single market context, which is serving to eliminate geo-blocking and other forms of discrimination based on customers’ nationality, place of residence, or place of establishment, Regulation (EC) No 593/2008 on the law applicable and Regulation (EU) No 1215/2012 on jurisdiction are still appropriate to afford full protection to customers and traders, in particular SMEs and micro-enterprises, or whether those two Regulations are skewed and overly burdensome for either one of the two parties. In the latter case the above Regulations should be updated in order to allow for the new regulatory and market context.
Amendment 290 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation shall not affect acts of Union law concerning judicial cooperation in civil matters. 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 the habitual residence or domicile within the meaning of point (b) of Article 6(1) of Regulation (EC) No 593/2008 and point (c) of Article 17(1) of Regulation (EU) 1215/2012. In particular, where, under Articles 3, 4 and 5 of this Regulation, a trader provides customers in all Member States with non- discriminatory access to his or her online interface, or in cases where the trader does not redirect customers to a version of his or her online interface that is different from the online interface which the customer originally sought to access, or in cases where the trader does not apply different terms and conditions of access when selling goods or providing services in the situations set out in this Regulation, or in cases where the trader accepts payment instruments of another Member State on a non-discriminatory basis, he or she may not be regarded as directing his or her activities towards the Member State where the customer has the habitual residence of domicile, unless he or she has manifested a clear intention to direct his or her activities towards that Member State.
Amendment 326 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
In the event of such redirection with the customer's explicit consent, the original version of the online interface which the customer originally sought to access shall remain easily accessible for thate customer.
Amendment 341 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4, the trader shall provide a clear justificexplanation. That justificexplanation shall be given in the language of the online interface that the customer originally sought to access.
Amendment 410 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 421 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Jurisdiction Where the trader is an SME or a microenterprise and has not manifested a clear intention to direct its activities towards the customer’s Member State, both parties may bring legal proceedings in the courts of the Member State in which the trader is domiciled.
Amendment 433 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The evaluation referred to in paragraph 1 shall also cover the characteristics and nature of disputes stemming from the implementation of this Regulation, with a view to establishing whether changes need to be made to Regulation (EC) No 593/2008 and Regulation (EU) No 1215/2012.