412 Amendments of Evelyne GEBHARDT related to 2011/0284(COD)

Proposal for a regulation
Recital 1

(1) Whereas: There are still considerable bottlenecks to cross-border economic activity that prevent the internal market from exploiting its full potential for growth and job creation. ~~Currently, only one in ten traders in the Union exports goods within the Union and the majority of those who do, only export to a small number of Member States. From the range of~~Of all the obstacles to cross-border trade ~~including~~, tax regulations, administrative requirements, delivery difficulties ~~in delivery~~, language and culture, traders consider the difficulty in finding out the provisions of a foreign contract law among the top barriers in business-to-consumer transactions and in business-to-business transactions. This also leads to disadvantages for consumers due to limited access to goods. Different national contract laws therefore deter the exercise of fundamental freedoms, such as th have been identified as the greatest barriers. In spite of recently adopted Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights1, which harmonises the main aspects of distance contracts, there are still a number of differences between national provisions of consumer contract law. Those differences can be fre~~edom to provide goods and services, and represent a~~garded as barriers to the functioning and continuing establishment of the internal market. ~~They also have the effect of limiting competition, particularly in the markets of smaller Member States~~______________ 1 OJ. L 304, 22.11.2011, p. 64.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 2

(2) Contracts are the indispensable legal tool for every economic transaction. However, the need for traders to identify or negotiate the applicable law, to find out about the provisions of a foreign applicable law often involving translation, to obtain legal advice to make themselves familiar with its requirements and to adapt their contracts to different national laws that may apply in cross-border dealings makes cross-border trade more complex and costly compared to domestic trade. CIt is therefore necessary to complement Directive 2011/83/EU by updating the legal provisions governing certain aspects of the obligation relating to the guarantee of conformity in connection with consumer sales contract~~-law-~~s, related barriers are thus a major contributing factor in dissuading a considerable number of export-oriented traders from entering cross-border trade or expanding their operations into more Member States. Their deterrent effect is particularly strong for small and medium-sized enterprises (SME) for which the costs of entering multiple foreign markets are often particularly high in relation to their turnover. As a consequence, traders miss out on cost savings they could achieve if it were possible to market goods and services on the basis of one uniform contract law for all their cross-border transactions and, in the online environment, one single web- sitservices and digital content. This updating process should to take account of the needs of the digital economy and the relevant rulings of the European Court of Justice.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 3

(3) Contract law related transaction costs which have been shown to be of considerable proportions and legal obstacles stemming from the differences between national mandatory consumer protection rules have a direct effect on the functioning of the internal market in relation to business–to–consumer transactions. Pursuant to Article 6 of Regulation 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Regulation (EC) No 593/2008), whenever a trader directs its activities to consumers in another Member State the consumer protection provisions of the Member State of the consumer's habitual residence that provide a higher level of protection and cannot be derogated from by agreement by virtue of that law will apply, even where another applicable law has been chosen by the parties. Therefore, traders need to find out in advance whether the consumer's law provides higher protection and ensure that their contract is in compliance with its requirements. In addition, in e-commerce, web-site adaptations which need to reflect mandatory requirements of applicable foreign consumer contract laws entail further costs. The existing harmonisation of consumer law at Union level has led to a certain approximation in some areas. However the differences between Member States' laws remain substantial; existing harmonisation leaves Member States a broad range of options on how to comply with the requirements of Union legislation and where to set the level of consumer protection.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 4

(4) The contract-law-related barriers which prevent traders from fully exploiting the potential of the internal market also work to the detriment of consumers. Less cross-border trade results in fewer imports and less competition. Consumers may be disadvantaged by a limited choice of goods at higher prices both because fewer foreign traders offer their products and services directly to them and also indirectly as a result of restricted cross- border business-to-business trade at the wholesale level. While cross-border shopping could bring substantial economic advantages By bringing the established body of European consumer law up to date with regard to the legal obligation relating terms of more and better offers, many consumers are also reluctant to engage in cross-border shopping, because of the uncertainty about their rights. Some of the main consumer concerns are related to contract law, for instance whether they would enjoy adequate protection in the event of purchasing defective products. As a consequence, a substantial numbero the guarantee of conformity, related services and digital content, a high level of consumers pr~~efer to shop domestically even if this means they have less choice or pay higher prices~~otection will be ensured.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 5

(5) In addition, those consumers who want to benefit from price differences between Member States by purchasing from a trader from another Member State are often hindered due to a trader's refusal to sell. While e-commerce has greatly facilitated the search for offers as well as the comparison of prices and other conditions irrespective of where a trader is established, orders by consumers from abroad are very frequently refused by traders which refrain from entering into cross-border transactions.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 6

(6) Differences in national contract laws therefore constitute barriers which prevent consumers and traders from reaping the benefits of the internal market. Those contract-law-related barriers would be significantly reduced if contracts could be based on a single uniform set of contract law rules irrespective of where parties are established. Such a uniform set of contract law rules should cover the full life cycle of a contract and thus comprise the areas which are the most important when concluding contracts. It should also include fully harmonised provisions to protect consumers.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 7

(7) The differences between national contract laws and their effect on cross- border trade also serve to limit competition. With a low level of cross- border trade, there is less competition, and thus less incentive for traders to become more innovative and to improve the quality of their products or to reduce prices. Particularly in smaller Member States with a limited number of domestic competitors, the decision of foreign traders to refrain from entering these markets due to costs and complexity may limit competition, resulting in an appreciable impact on choice and price levels for available products. In addition, the barriers to cross-border trade may jeopardise competition between SME and larger companies. In view of the significant impact of the transaction costs in relation to turnover, an SME is much more likely to refrain from entering a foreign market than a larger competitor.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 8

(8) To overcome these contract-law- related barriers, parties should have the possibility to agree that their contracts should be governed by a single uniform set of contract law rules with the same meaning and interpretation in all Member States, a Common Sales Law. The Common European Sales Law should represent an additional option increasing the choice available to parties and open to use whenever jointly considered to be helpful in order to facilitate cross-border trade and reduce transaction and opportunity costs as well as other contract-law-related obstacles to cross- border trade. It should become the basis of a contractual relationship only where parties jointly decide to use it.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 9

(9) This ~~Regulation establishes a Common European Sales Law. It harmonises the contract laws of the Member States not by requiring amendments to the pre-existing national contract law, but by c~~Directive provides a minimum set of rules making up the legal framework for certain aspects of the sale of consumer goods and digital content, legal obligations relating ~~within each Member Sta~~to guarante'es national law a second contract law regime for contracts within its scope. This second regime should be identical throughout the Union and exist alongside the pre-existing rules of national contract law. The Common European Sales Law should apply on a voluntary basis, upon an express agreement of the parties, to a cross-border contractof conformity and related-services contracts. This Directive therefore harmonises the contract law of Member States without preventing them from maintaining or introducing stricter national provisions in the areas harmonised by the Directive in order to guarantee a high level of consumer protection.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 10

(10) The agreement to use the Common European Sales Law should be a choice exercised within the scope of the respective national law which is applicable pursuant to Regulation (EC) No 593/2008 or, in relation to pre- contractual information duties, pursuant to Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Regulation (EC) No 864/2007), or any other relevant conflict of law rule. The agreement to use the Common European Sales Law should therefore not amount to, and not be confused with, a choice of the applicable law within the meaning of the conflict-of- law rules and should be without prejudice to them. This Regulation will therefore not affect any of the existing conflict of law rules.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 11

(11) ~~The Common European Sales Law should comprise of a complete set of fully harmonised mandatory consumer protection rules.~~ In line with Article 114(3) of the Treaty, those rules should guarantee a high level of consumer protection with a view to enhancing consumer confidence ~~in the Common European Sales Law~~ and thus provide consumers with an incentive to enter into cross-border contracts ~~on that basis~~. The rules should maintain or improve the existing level of protection that consumers enjoy under Union consumer law.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 12

(12) Since the Common European Sales Law contains a complete set of fully harmonised mandatory consumer protection rules, there will be no disparities between the laws of the Member States in this area, where the parties have chosen to use the Common European Sales Law. Consequently, Article 6(2) Regulation (EC) No 593/2008, which is predicated on the existence of differing levels of consumer protection in the Member States, has no practical importance for the issues covered by the Common European Sales Law.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 13

(13) The Common European Sales Law should be available for cross-border contracts, because it is in that context that the disparities between national laws lead to complexity and additional costs and dissuade parties from entering into contractual relationships. The cross- border nature of a contract should be assessed on the basis of the habitual residence of the parties in business-to- business contracts. In a business-to- consumer contract the cross-border requirement should be met where either the general address indicated by the consumer, the delivery address for the goods or the billing address indicated by the consumer are located in a Member State, but outside the State where the trader has its habitual residence.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 14

(14) The use of the Common European Sales Law should not be limited to cross- border situations involving only Member States, but should also be available to facilitate trade between Member States and third countries. Where consumers from third countries are involved, the agreement to use the Common European Sales Law, which would imply the choice of a foreign law for them, should be subject to the applicable conflict-of-law rules.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 15

(15) Traders engaging in purely domestic as well as in cross-border trade transactions may also find it useful to make use of a single uniform contract for all their transactions. Therefore Member States should be free to decide to make the Common European Sales Law available to parties for use in an entirely domestic setting.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 16

(16) The Common European Sales Law should be available in particular for the sale of movable goods, including the manufacture or production of such goods, as this is the economically single most important contract type which could present a particular potential for growth in cross-border trade, especially in e- commerce.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 17

(17) In order to reflect the increasing importance of the digital economy, the scope of th~~e Common European Sales Law~~is Directive should also cover contracts for the supply of digital content. The transfer of digital content for storage, processing or access, and repeated use, such as a music download, has been growing rapidly and holds a great potential for further growth but is still surrounded by a considerable degree of legal diversity and uncertainty. Th~~e Common European Sales Law~~is Directive should therefore cover the supply of digital content irrespective of whether or not that content is supplied on a tangible medium.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 18

(18) Digital content is often supplied not in exchange for a price but in combination with separate paid goods or services, involving a non-monetary consideration such as giving access to personal data or free of charge in the context of a marketing strategy based on the expectation that the consumer will purchase additional or more sophisticated digital content products at a later stage. In view of this specific market structure and of the fact that defects of the digital content provided may harm the economic interests of consumers irrespective of the conditions under which it has been provided, the ~~availability of the Common European Sales Law~~protection for the consumer which is ensured by this Directive should not depend on whether a price is paid for the specific digital content in question.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 18 a (new)

(18a) While Directive 2011/83/EU lays down provisions on the passing of risk in respect of goods, it remains necessary to complement those provisions by similar provisions on digital content, too, and, in the process, take account of the specific features of those products.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 19

(19) With a view to maximising the added value of ~~the Common European Sales Law its material scop~~updating existing provisions on the legal obligation relating to the guarantee of conformity, the material scope of this Directive should also include certain services ~~provided by the seller~~ that are directly and closely related to specific goods or digital content ~~supplied on the basis of the Common European Sales Law,~~ and in practice often combined in the same or a linked contract at the same time~~, most notably repair, maintenance or installation of the goods or the digital content~~.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 20

(20) ~~The Common European Sales Law should not cover any related contracts by which the buyer acquires goods or is suppl~~Should the good, related service or digital content concerned not conform to the contract, consumers should be able to choose from the various remedieds w~~ith a service, from a third party. This would not be appropriate because the third party is not part of the agreement between the contract~~hich this Directive guarantees them. Consumers should be entitled to require traders to remedy the lack of conformity through certain actions, which may take the form of repair or replacement, a reduction ing p~~arties to use the rules of the Common European Sales Law. A related contract with a third party should be governed by t~~urchase price, withholding of the consumer’s own performance, withdrawal from the contract, or damages. It should be possible, whe re~~spective national law which is applicable according pursuant to Regulations (EC) No 593/2008 and (EC) No 864/2007 or any o~~ appropriate, to combine some of therse re~~levant conflict of law rule~~medies.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 21

(21) In order to tackle the existing internal market and competition problems in a targeted and proportionate fashion, the personal scope of the Common European Sales Law should focus on parties who are currently dissuaded from doing business abroad by the divergence of national contract laws with the consequence of a significant adverse impact on cross-border trade. It should therefore cover all business-to consumer transactions and contracts between traders where at least one of the parties is an SME drawing upon Commission Recommendation 2003/361 of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises. This should, however, be without prejudice to the possibility for Member States to enact legislation which makes the Common European Sales Law available for contracts between traders, neither of which is an SME. In any case, in business-to-business transactions, traders enjoy full freedom of contract and are encouraged to draw inspiration from the Common European Sales Law in the drafting of their contractual terms.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 22

(22) The agreement of the parties to a contract is indispensable for the application of the Common European Sales Law. That agreement should be subject to strict requirements in business- to-consumer transactions. Since, in practice, it will usually be the trader who proposes the use of the Common European Sales Law, consumers must be fully aware of the fact that they are agreeing to the use of rules which are different from those of their pre-existing national law. Therefore, the consumer's consent to use the Common European Sales Law should be admissible only in the form of an explicit statement separate from the statement indicating the agreement to the conclusion of the contract. It should therefore not be possible to offer the use of the Common European Sales Law as a term of the contract to be concluded, particularly as an element of the trader's standard terms and conditions. The trader should provide the consumer with a confirmation of the agreement to use the Common European Sales Law on a durable medium.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 23

(23) In addition to being a conscious choice, the consent of a consumer to the use of the Common European Sales Law should be an informed choice. The trader should therefore not only draw the consumer's attention to the intended use of the Common European Sales Law but should also provide information on its nature and its salient features. In order to facilitate this task for traders, thereby avoiding unnecessary administrative burdens, and to ensure consistency in the level and the quality of the information communicated to consumers, traders should supply consumers with the standard information notice provided for in this Regulation and thus readily available in all official languages in the Union. Where it is not possible to supply the consumer with the information notice, for example in the context of a telephone call, or where the trader has failed to provide the information notice, the agreement to use the Common European Sales Law should not be binding on the consumer until the consumer has received the information notice together with the confirmation of the agreement and has subsequently expressed consent.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 24

(24) In order to avoid a selective application of certain elements of the Common European Sales Law, which could disturb the balance between the rights and obligations of the parties and adversely affect the level of consumer protection, the choice should cover the Common European Sales Law as a whole and not only certain parts of it.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 25

(25) Where the United Nations Convention on Contracts for the International Sale of Goods would otherwise apply to the contract in question, the choice of the Common European Sales Law should imply an agreement of the contractual parties to exclude that Convention.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 26

(26) The rules of the Common European Sales Law should cover the matters of contract law that are of practical relevance during the life cycle of the types of contracts falling within the material and personal scope, particularly those entered into online. Apart from the rights and obligations of the parties and the remedies for non-performance, the Common European Sales Law should therefore govern pre-contractual information duties, the conclusion of a contract including formal requirements, the right of withdrawal and its consequences, avoidance of the contract resulting from a mistake, fraud, threats or unfair exploitation and the consequences of such avoidance, interpretation, the contents and effects of a contract, the assessment and consequences of unfairness of contract terms, restitution after avoidance and termination and the prescription and preclusion of rights. It should settle the sanctions available in case of the breach of all the obligations and duties arising under its application.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 27

(27) All the matters of a contractual or non-contractual nature that are not addressed in the Common European Sales Law are governed by the pre-existing rules of the national law outside the Common European Sales Law that is applicable under Regulations (EC) No 593/2008 and (EC) No 864/2007 or any other relevant conflict of law rule. These issues include legal personality, the invalidity of a contract arising from lack of capacity, illegality or immorality, the determination of the language of the contract, matters of non-discrimination, representation, plurality of debtors and creditors, change of parties including assignment, set-off and merger, property law including the transfer of ownership, intellectual property law and the law of torts. Furthermore, the issue of whether concurrent contractual and non- contractual liability claims can be pursued together falls outside the scope of the Common European Sales Lis Directive are governed by the pre-existing rules of national law.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 28

(28) The Common European Sales Law should not govern any matters outside the remit of contract law. This Regulation should be without prejudice to the Union or national law in relation to any such matters. For example, information duties which are imposed for the protection of health and safety or environmental reasons should remain outside the scope of the Common European Sales Law. This Regulation should further be without prejudice to the information requirements of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 29

(29) Once there is a valid agreement to use the Common European Sales Law, only the Common European Sales Law should govern the matters falling within its scope. The rules of the Common European Sales Law should be interpreted autonomously in accordance with the well-established principles on the interpretation of Union legislation. Questions concerning matters falling within the scope of the Common European Sales Law which are not expressly settled by it should be resolved only by interpretation of its rules without recourse to any other law. The rules of the Common European Sales Law should be interpreted on the basis of the underlying principles and objectives and all its provisions.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 30

(30) Freedom of contract should be the guiding principle underlying the Common European Sales Law. Party autonomy should be restricted only where and to the extent that this is indispensable, in particular for reasons of consumer protection. Where such a necessity exists, the mandatory nature of the rules in question should be clearly indicated.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 31

(31) The principle of good faith and fair dealing should provide guidance on the way parties have to cooperate. As some rules constitute specific manifestations of the general principle of good faith and fair dealing, they should take precedent over the general principle. The general principle should therefore not be used as a tool to amend the specific rights and obligations of parties as set out in the specific rules. The concrete requirements resulting from the principle of good faith and fair dealing should depend, amongst others, on the relative level of expertise of the parties and should therefore be different in business-to-consumer transactions and in business-to-business transactions. In transactions between traders, good commercial practice in the specific situation concerned should be a relevant factor in this context.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 32

~~(32) The Common European Sales Law should aim at the preservation of a valid contract whenever possible and appropriate in view of the legitimate interests of the parties.~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 33

(33) The Common European Sales Law should identify well-balanced solutions taking account the legitimate interests of the parties in designating and exercising the remedies available in the case of non- performance of the contract. In business- to-consumer contracts the system of remedies should reflect the fact that the non-conformity of goods, digital content or services falls within the trader's sphere of responsibility.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 34

(34) In order to enhance legal certainty by making the case-law of the Court of Justice of the European Union and of national courts on the interpretation of th~~e Common European Sales Law or any other provision of this Regulation~~is Directive accessible to the public, the Commission should create a database comprising the final relevant decisions. With a view to making that task possible, the Member States should ensure that such national judgments are quickly communicated to the Commission.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 35

(35) It is also appropriate to review the functioning of the Common European Sales Law or any other provision of this Regulation after five years of operation. The review should take into account, amongst other things, the need to extend further the scope in relation to business- to-business contracts, market and technological developments in respect of digital content and future developments of the Union acquis.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 36

(36) Since the objective of this ~~Regulation~~Directive, namely to contribute to the proper functioning of the internal market by ~~making available a uniform set of contract law rules that can be used for cross-border transactions throughout the Union~~harmonising certain aspects of the obligation relating to the guarantee of conformity in connection with sales contracts, related services and digital content, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this ~~Regulation~~Directive does not go beyond what is necessary in order to achieve that objective.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 37

(37) This ~~Regulation~~Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union ~~and specifically Articles 16, 38 and 47 thereof~~,

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 1

1. The purpose of this ~~Regulation~~Directive is to improve the conditions for the establishment and the functioning of the internal market by ~~making available a uniform set of contract law rules as set~~ ensuring a high level of consumer protection which takes account ~~in Annex I ('the Common European Sales Law'). These rule~~of new technologies, too, by harmonising certain aspects of the laws, regulations can ~~be used for cross-border transact~~d administrative provisions ofor the ~~sale of goods, for the supply of digital content and for related services where the parties to a contract agree to do so~~Member States with regard to certain aspects of the obligation relating to the guarantee of conformity, related services and digital content in connection with contracts concluded between consumers and traders.

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation enables traders to rely on a common set of rules and use the same contract terms for all their cross- border transactions thereby reducing unnecessary costs while providing a high degree of legal certainty.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 1 – paragraphs 3 to 3 c (new)

3. ~~In relation to contracts between traders and consumers, this Regulation~~This Directive comprises a comprehensive set of consumer protection rules to ensure a high level of consumer protection, to enhance consumer confidence in the internal market and encourage consumers to shop across borders. 3a. Save as otherwise provided in this Directive, Member States may maintain or introduce national laws ensuring a higher level of consumer protection which depart from the provisions of this Directive. 3b. Should one or more Member States avail itself of the possibility under paragraph 3a, the relevant provisions shall be in conformity with the Treaties and notified to the Commission. The Commission shall subsequently ensure that that information is easily accessible to consumers and traders, inter alia on a dedicated website. 3c. The enjoyment of other national rights concerning traders’ contractual and non- contractual obligations shall be without prejudice to the consumer rights harmonised by this Directive.

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point b

(b) ‘good faith and fair dealing’ means a standard of conduct characterised by honesty, openness and consideration for the interests of the other party to the transaction or relationship in question;deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point c

(c) ’loss’ means economic loss and non- economic loss in the form of pain and suffering, excluding other forms of non- economic loss such as impairment of the quality of life and loss of enjoyment;deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point d

(d) ‘standard contract terms’ means contract terms which have been drafted in advance for several transactions involving different parties, and which have not been individually negotiated by the parties within the meaning of Article 7 of the Common European Sales Law;deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point j – introductory part

(j) ‘digital content’ means data which are produced and supplied in digital form, whether or not according to the buyer's specifications, irrespective of whether the data are accessed through downloading or streaming, from a tangible medium or through any other means, against payment or for non-pecuniary consideration, such as making the consumer’s personal data available, including video, audio, picture or written digital content, digital games, software and digital content which makes it possible to personalise existing hardware or software; it excludes:

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point j – point iv

~~(iv) electronic communications services and networks, and associated facilities and services;~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point k

(k) ‘sales contract’ means any contract under which the trader ('the seller') transfers or undertakes to transfer the ownership of the goods to another person ('the buyer'), and the buyer pays or undertakes to pay the price thereof; it includes a contract for the supply of goods to be manufactured or produced and excludes contracts for sale on execution or otherwise involving the exercise of public authority;deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point m – point ii

~~(ii) training services,~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point o

~~(o) ‘customer’ means any person who purchases a related service;~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point p

(p) ‘distance contract’ means any contract between the trader and the consumer under an organised distance sales scheme concluded without the simultaneous physical presence of the trader or, in case the trader is a legal person, a natural person representing the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point q

(q) ‘off-premises contract’ means any contract between a trader and a consumer: (i) concluded in the simultaneous physical presence of the trader or, where the trader is a legal person, the natural person representing the trader and the consumer in a place which is not the trader's business premises, or concluded on the basis of an offer made by the consumer in the same circumstances; or (ii) concluded on the trader's business premises or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the trader's business premises in the simultaneous physical presence of the trader or, where the trader is a legal person, a natural person representing the trader and the consumer; or (iii) concluded during an excursion organised by the trader or, where the trader is a legal person, the natural person representing the trader with the aim or effect of promoting and selling goods or supplying digital content or related services to the consumer;deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point q – point i

(i) concluded in the simultaneous physical presence of the trader or, where the trader is a legal person, the natural person representing the trader and the consumer in a place which is not the trader's business premises, or concluded on the basis of an offer made by the consumer in the same circumstances; ordeleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point q – point ii

(ii) concluded on the trader’s business premises or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the trader’s business premises in the simultaneous physical presence of the trader or, where the trader is a legal person, a natural person representing the trader and the consumer; ordeleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point q – point iii

(iii) concluded during an excursion organised by the trader or, where the trader is a legal person, the natural person representing the trader with the aim or effect of promoting and selling goods or supplying digital content or related services to the consumer;deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point r

(r) ‘business premises’ means: (i) any immovable retail premises where a trader carries out activity on a permanent basis, or (ii) any movable retail premises where a trader carries out activity on a usual basis;deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point v

~~(v) ‘mandatory rule’ means any provision the application of which the parties cannot exclude, or derogate from or the effect of which they cannot vary;~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point w

~~(w) ‘creditor’ means a person who has a right to performance of an obligation, whether monetary or non-monetary, by another person, the debtor;~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point x

~~(x) ‘debtor’ means a person who has an obligation, whether monetary or non- monetary, to another person, the creditor;~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 3

The parties may agree that the Common European Sales Law governs their cross- border contracts for the sale of goods, for the supply of digital content and for the provision of related services within the territorial, material and personal scope as set out in Articles 4 to 7.Article 3 deleted Optional nature of the Common European Sales Law

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 4

1. The Common European Sales Law may be used for cross-border contracts. 2. For the purposes of this Regulation, a contract between traders is a cross-border contract if the parties have their habitual residence in different countries of which at least one is a Member State. 3. For the purposes of this Regulation, a contract between a trader and a consumer is a cross-border contract if: (a) either the address indicated by the consumer, the delivery address for goods or the billing address are located in a country other than the country of the trader's habitual residence; and (b) at least one of these countries is a Member State. 4. For the purposes of this Regulation, the habitual residence of companies and other bodies, corporate or unincorporated, shall be the place of central administration. The habitual residence of a trader who is a natural person shall be that person’s principal place of business. 5. Where the contract is concluded in the course of the operations of a branch, agency or any other establishment of a trader, the place where the branch, agency or any other establishment is located shall be treated as the place of the trader’s habitual residence. 6. For the purpose of determining whether a contract is a cross-border contract the relevant point in time is the time of the agreement on the use of the Common European Sales Law.Article 4 deleted Cross-border contracts

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 5

The Common European Sales Law may be used for: (a) sales contracts; (b) contracts for the supply of digital content whether or not supplied on a tangible medium which can be stored, processed or accessed, and re-used by the user, irrespective of whether the digital content is supplied in exchange for the payment of a price. (c) related service contracts, irrespective of whether a separate price was agreed for the related service.Article 5 deleted Contracts for which the Common European Sales Law can be used

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 6

Exclusion of mixed-purpose contracts and contracts linked to a consumer credit 1. The Common European Sales Law may not be used for mixed-purpose contracts including any elements other than the sale of goods, the supply of digital content and the provision of related services within the meaning of Article 5. 2. The Common European Sales Law may not be used for contracts between a trader and a consumer where the trader grants or promises to grant to the consumer credit in the form of a deferred payment, loan or other similar financial accommodation. The Common European Sales Law may be used for contracts between a trader and a consumer where goods, digital content or related services of the same kind are supplied on a continuing basis and the consumer pays for such goods, digital content or related services for the duration of the supply by means of instalments.Article 6 deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 7

1. The Common European Sales Law may be used only if the seller of goods or the supplier of digital content is a trader. Where all the parties to a contract are traders, the Common European Sales Law may be used if at least one of those parties is a small or medium-sized enterprise (‘SME’). 2. For the purposes of this Regulation, an SME is a trader which (a) employs fewer than 250 persons; and (b) has an annual turnover not exceeding EUR 50 million or an annual balance sheet total not exceeding EUR 43 million, or, for an SME which has its habitual residence in a Member State whose currency is not the euro or in a third country, the equivalent amounts in the currency of that Member State or third country.Article 7 deleted Parties to the contract

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 8

Agreement on the use of the Common 1. The use of the Common European Sales Law requires an agreement of the parties to that effect. The existence of such an agreement and its validity shall be determined on the basis of paragraphs 2 and 3 of this Article and Article 9, as well as the relevant provisions in the Common European Sales Law. 2. In relations between a trader and a consumer the agreement on the use of the Common European Sales Law shall be valid only if the consumer’s consent is given by an explicit statement which is separate from the statement indicating the agreement to conclude a contract. The trader shall provide the consumer with a confirmation of that agreement on a durable medium. 3. In relations between a trader and a consumer the Common European Sales Law may not be chosen partially, but only in its entirety.rticle 8 deleted European Sales Law

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 9

Standard Information Notice in contracts between a trader and a consumer 1. In addition to the pre-contractual information duties laid down in the Common European Sales Law, in relations between a trader and a consumer the trader shall draw the consumer’s attention to the intended application of the Common European Sales Law before the agreement by providing the consumer with the information notice in Annex II in a prominent manner. Where the agreement to use the Common European Sales Law is concluded by telephone or by any other means that do not make it possible to provide the consumer with the information notice, or where the trader has failed to provide the information notice, the consumer shall not be bound by the agreement until the consumer has received the confirmation referred to in Article 8(2) accompanied by the information notice and has expressly consented subsequently to the use of the Common European Sales Law. 2. The information notice referred to in paragraph 1 shall, if given in electronic form, contain a hyperlink or, in all other circumstances, include the indication of a website through which the text of the Common European Sales Law can be obtained free of charge.Article 9 deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 10

Member States shall lay down penalties for breaches by traders in relations with consumers of the requirements set out in Articles 8 and 9 and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided shall be effective, proportionate and dissuasive. Member States shall notify the relevant provisions to the Commission no later than [1 year after the date of application of this Regulation] and shall notify any subsequent changes as soon as possible.Article 10 deleted Penalties for breach of specific requirements

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 11

Consequences of the use of the Common Where the parties have validly agreed to use the Common European Sales Law for a contract, only the Common European Sales Law shall govern the matters addressed in its rules. Provided that the contract was actually concluded, the Common European Sales Law shall also govern the compliance with and remedies for failure to comply with the pre- contractual information duties.Article 11 deleted European Sales Law

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 12

Information requirements resulting from This Regulation is without prejudice to the information requirements laid down by national laws which transpose the provisions of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market and which complement the information requirements laid down in the Common European Sales Law.Article 12 deleted the Services Directive

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 13

A Member State may decide to make the Common European Sales Law available for: (a) contracts where the habitual residence of the traders or, in the case of a contract between a trader and a consumer, the habitual residence of the trader, the address indicated by the consumer, the delivery address for goods and the billing address, are located in that Member State; and/or (b) contracts where all the parties are traders but none of them is an SME within the meaning of Article 7(2).rticle 13 deleted Member States’ options

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 14 – title

Communication of judgments applying this ~~Regulation~~Directive

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 1

1. Member States shall ensure that final judgments of their courts applying the rules of this ~~Regulation~~Directive are communicated without undue delay to the Commission.

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 15

1. By … [4 years after the date of application of this Regulation], Member States shall provide the Commission with information relating to the application of this Regulation, in particular on the level of acceptance of the Common European Sales Law, the extent to which its provisions have given rise to litigation and on the state of play concerning differences in the level of consumer protection between the Common European Sales Law and national law. That information shall include a comprehensive overview of the case law of the national courts interpreting the provisions of the Common European Sales Law. 2. By … [5 years after the date of application of this Regulation], the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a detailed report reviewing the operation of this Regulation, and taking account of, amongst others, the need to extend the scope in relation to business-to-business contracts, market and technological developments in respect of digital content and future developments of the Union acquis.Article 15 deleted Review

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 16 – paragraph 1

1. This ~~Regulation~~Directive shall enter into force on the 20twentieth day following that of its publication in the Official Journal of the European Union.

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1

~~It shall apply from [ 6 months after its the entry into force].~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2

~~This Regulation shall be binding in its entirety and directly applicable in the Member States.~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 16 a (new)

Article 16a Addressees This Directive is addressed to the Member States.

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex I – Title

~~COMMON EUROPEAN SALES LAW~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex I – Table of contents

~~[...]~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex I – Part I

~~[...]~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex I – Part II

~~[...]~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex I – Part III

~~[...]~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Part IV – Chapter 9

~~[...]~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 91

Main obligations of the seller The seller of goods or the supplier of digital content (in this part referred to as 'the seller') must: a) deliver the goods or supply the digital content; b) transfer the ownership of the goods, including the tangible medium on which the digital content is supplied; c) ensure that the goods or the digital content are in conformity with the contract; d) ensure that the buyer has the right to use the digital content in accordance with the contract; and e) deliver such documents representing or relating to the goods or documents relating to the digital content as may be required by the contract.Article 91 deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 92

1. A seller may entrust performance to another person, unless personal performance by the seller is required by the contract terms. 2. A seller who entrusts performance to another person remains responsible for performance. 3. In relations between a trader and a consumer the parties may not, to the detriment of the consumer, exclude the application of paragraph (2) or derogate from or vary its effects.Article 92 deleted Performance by a third party

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 93

1. Where the place of delivery cannot be otherwise determined, it is: (a) in the case of a consumer sales contract or a contract for the supply of digital content which is a distance or off- premises contract, or in which the seller has undertaken to arrange carriage to the buyer, the consumer’s place of residence at the time of the conclusion of the contract; (b) in any other case, i) where the contract of sale involves carriage of the goods by a carrier or series of carriers, the nearest collection point of the first carrier ; ii) where the contract does not involve carriage, the seller’s place of business at the time of conclusion of the contract. 2. If the seller has more than one place of business, the place of business for the purposes of point (b) of paragraph 1 is that which has the closest relationship to the obligation toArticle 93 deleted Place of deliver.y

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 94

1. Unless agreed otherwise, the seller fulfils the obligation to deliver: (a) in the case of a consumer sales contract or a contract for the supply of digital content which is a distance or off- premises contract or in which the seller has undertaken to arrange carriage to the buyer, by transferring the physical possession or control of the goods or the digital content to the consumer; (b) in other cases in which the contract involves carriage of the goods by a carrier, by handing over the goods to the first carrier for transmission to the buyer and by handing over to the buyer any document necessary to enable the buyer to take over the goods from the carrier holding the goods; or (c) in cases that do not fall within points (a) or (b), by making the goods or the digital content, or where it is agreed that the seller need only deliver documents representing the goods, the documents, available to the buyer. 2. In points (a) and (c) of paragraph 1, any reference to the consumer or the buyer includes a third party, not being the carrier, indicated by the consumer or the buyer in accordance with the contract.Article 94 deleted Method of delivery

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 95

1. Where the time of delivery cannot be otherwise determined, the goods or the digital content must be delivered without undue delay after the conclusion of the contract. 2. In contracts between a trader and a consumer, unless agreed otherwise by the parties, the trader must deliver the goods or the digital content not later than 30 days from the conclusion of the contract.Article 95 deleted Time of delivery

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 96

Seller’s obligations regarding carriage of 1. Where the contract requires the seller to arrange for carriage of the goods, the seller must conclude such contracts as are necessary for carriage to the place fixed by means of transportation appropriate in the circumstances and according to the usual terms for such transportation. 2. Where the seller, in accordance with the contract, hands over the goods to a carrier and if the goods are not clearly identified as the goods to be supplied under the contract by markings on the goods, by shipping documents or otherwise, the seller must give the buyer notice of the consignment specifying the goods. 3. Where the contract does not require the seller to effect insurance in respect of the carriage of the goods, the seller must, at the buyer’s request, provide the buyer with all available information necessary to enable the buyer to effect such insurance.Article 96 deleted the goods

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 97

Goods or digital content not accepted by 1. A seller who is left in possession of the goods or the digital content because the buyer, when bound to do so, has failed to take delivery must take reasonable steps to protect and preserve them. 2. The seller is discharged from the obligation to deliver if the seller: (a) deposits the goods or the digital content on reasonable terms with a third party to be held to the order of the buyer, and notifies the buyer of this; or (b) sells the goods or the digital content on reasonable terms after notice to the buyer, and pays the net proceeds to the buyer. 3. The seller is entitled to be reimbursed or to retain out of the proceeds of sale any costs reasonably incurred.Article 97 deleted the buyer

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 98

~~The effect of delivery on the passing of risk is regulated by Chapter 14.~~Article 98 deleted Effect on passing of risk

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 99 – paragraph 1 – introductory part

1. The seller is obliged to deliver the goods or digital content in conformity with the contract. In order to conform with the contract, the goods or digital content must:

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 99 – paragraph 2

2. In order to conform with the contract the goods or digital content must also meet the requirements of Articles ~~100, 101 and 102, save to the extent that the parties have agreed otherwise~~[...] (Criteria for conformity of the goods and digital content; Incorrect installation under a consumer sales contract).

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 99 – paragraph 3

3. ~~In a consumer sales contract, a~~Any agreement derogating from the requirements of Articles ~~100, 102 and 103~~[...] (Criteria for conformity of the goods and digital content; incorrect installation under a consumer sales contract) to the detriment of the consumer is valid only if, at the time of the conclusion of the contract, the consumer knew of the specific condition of the goods or the digital content and explicitly accepted the goods or the digital content as being in conformity with the contract when concluding it.

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 99 – paragraph 4

~~4. In a consumer sales contract, the parties may not, to the detriment of the consumer, exclude the application of paragraph 3 or derogate from or vary its effects.~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 100 – point f

f) possess the qualities and performance capabilities indicated in any pre- contractual statement ~~which forms part of the contract terms by virtue of Article 69~~; and

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 100 – point g

g) possess such qualities and performance capabilities as the ~~buy~~consumer may expect, including durability, appearance and absence of minor faults. When determining what the consumer may expect of the digital content regard is to be had to whether or not the digital content was supplied in exchange for the payment of a price.

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 101 – paragraph 2

~~2. The parties may not, to the detriment of the consumer, exclude the application of this Article or derogate from or vary its effects.~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 102

Third party rights or claims 1. The goods must be free from and the digital content must be cleared of any right or not obviously unfounded claim of a third party. 2. As regards rights or claims based on intellectual property, subject to paragraphs 3 and 4, the goods must be free from and the digital content must be cleared of any right or not obviously unfounded claim of a third party: (a) under the law of the state where the goods or digital content will be used according to the contract or, in the absence of such an agreement, under the law of the state of the buyer's place of business or in contracts between a trader and a consumer the consumer's place of residence indicated by the consumer at the time of the conclusion of the contract; and (b) which the seller knew of or could be expected to have known of at the time of the conclusion of the contract. 3. In contracts between businesses, paragraph 2 does not apply where the buyer knew or could be expected to have known of the rights or claims based on intellectual property at the time of the conclusion of the contract. 4. In contracts between a trader and a consumer, paragraph 2 does not apply where the consumer knew of the rights or claims based on intellectual property at the time of the conclusion of the contract. 5. In a contract between a trader and a consumer, the parties may not, to the detriment of a consumer, exclude the application of this Article or derogate from or vary its effect.Article 102 deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 103

~~Digital content is not considered as not conforming to the contract for the sole reason that updated digital content has become available after the conclusion of the contract.~~Article 103 deleted Limitation on conformity of digital content

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 104

Buyer’s knowledge of lack of conformity in a contract between traders In a contract between traders, the seller is not liable for any lack of conformity of the goods if, at the time of the conclusion of the contract, the buyer knew or could not have been unaware of the lack of conformity.Article 104 deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 105 – paragraph 1

1. The seller is liable for any lack of conformity which exists at the time when the risk passes to the ~~buyer under Chapter 14~~consumer.

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 105 – paragraph 2

2. In a consumer sales contract or a contract for the supply of digital content, any lack of conformity which becomes apparent within ~~six months~~one year of the time when risk passes to the ~~buy~~consumer is presumed to have existed at that time unless this is incompatible with the nature of the goods or digital content or with the nature of the lack of conformity.

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 105 – paragraph 5

~~5. In a contract between a trader and a consumer, the parties may not, to the detriment of a consumer, exclude the application of this Article or derogate from or vary its effect.~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 106 – paragraph 1 – introductory part

1. In the case of non-performance of anthe obligation to conform to the contract by the seller, the ~~buy~~consumer may do any of the following:

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 106 – paragraph 1 – point a

(a) require performance, which includes specific performance, repair or replacement of the goods or digital content~~, under Section 3 of this Chapter~~;

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 106 – paragraph 1 – point b

(b) to withhold the buyer’s own performance ~~under Section 4 of this Chapter~~;

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 106 – paragraph 1 – point c

(c) terminate the contract under ~~Section 5 of this Chapter~~Article [...] (Termination for non-performance) and claim the return of any price already paid~~, under Chapter 17~~;

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 106 – paragraph 1 – point d

(d) reduce the price ~~under Section 6 of this Chapter~~; and

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 106 – paragraph 1 – point e

(e) claim damages ~~under Chapter 16~~.

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 106 – paragraph 2 – introductory part

2. I~~f the buyer is a trader:~~n the case of digital content made available free of charge, the consumer may make use of the remedies referred to in points a, b, c and e of paragraph 1.

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 106 – paragraph 2 – point a

~~(a) the buyer’s rights to exercise any remedy except withholding of performance are subject to cure by the seller as set out in Section 2 of this Chapter; an~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 106 – paragraph 2 – point b

~~(b) the buyer’s rights to rely on lack of conformity are subject to the requirements of examination and notification set out in Section 7 of this Chapter.~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 106 – paragraph 3 – introductory part

3. ~~If the buyer is a consumer:~~Remedies which are not incompatible may be cumulated.

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 106 – paragraph 3 – point a

~~(a) the buyer’s rights are not subject to cure by the seller; an~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Title

Proposal for a ~~REGULATION~~DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on ~~a Common European Sales Law~~the harmonisation of certain aspects of the obligation relating to the guarantee of conformity in connection with consumer sales contracts, related services and digital content

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 106 – paragraph 3 – point b

~~(b) the requirements of examination and notification set out in Section 7 of this Chapter do not apply.~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 1

(1) There are still considerable bottlenecks to cross-border economic activity that prevent the internal market from exploiting its full potential for growth and job creation. ~~Currently, only one in ten traders in the Union exports goods within the Union and the majority of those who do, only export to a small number of Member States. From the range of~~Of all the obstacles to cross- border trade ~~including~~, tax regulations, administrative requirements, delivery difficulties ~~in delivery~~, language and culture, traders consider the difficulty in finding out the provisions of a foreign contract law among the top barriers in business-to-consumer transactions and in business-to-business transactions. This also leads to disadvantages for consumers due to limited access to goods. Different national contract laws therefore deter the exercise of fundamental freedoms, such as th have been identified as the greatest barriers . In spite of recently adopted Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights1, which harmonises the main aspects of distance contracts, there are still a number of differences between national provisions of consumer contract law. Those differences can be fre~~edom to provide goods and services, and represent~~garded as barriers to the functioning and continuing establishment of the internal market. ~~They also have the effect of limiting competition, particularly in the markets of smaller Member States~~__________________ 1 OJ. L 304, 22.11.2011, p. 64.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 106 – paragraph 4

4. ~~If the seller’s non-performance is excused, the buyer may~~The right to resort to ~~any of~~ these remedies ~~referred to in paragraph 1 except requiring performance and damages~~passes to a subsequent purchaser of the goods or digital content where that purchaser is a consumer.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 2

(2) Contracts are the indispensable legal tool for every economic transaction. However, the need for traders to identify or negotiate the applicable law, to find out about the provisions of a foreign applicable law often involving translation, to obtain legal advice to make themselves familiar with its requirements and to adapt their contracts to different national laws that may apply in cross-border dealings makes cross-border trade more complex and costly compared to domestic trade. CIt is therefore necessary to complement Directive 2011/83/EU by updating the legal provisions governing certain aspects of the obligation relating to the guarantee of conformity in connection with consumer sales contract~~-law-~~s, related barriers are thus a major contributing factor in dissuading a considerable number of export-oriented traders from entering cross-border trade or expanding their operations into more Member States. Their deterrent effect is particularly strong for small and medium-sized enterprises (SME) for which the costs of entering multiple foreign markets are often particularly high in relation to their turnover. As a consequence, traders miss out on cost savings they could achieve if it were possible to market goods and services on the basis of one uniform contract law for all their cross-border transactions and, in the online environment, one single web-sitservices and digital content. This updating process should to take account of the needs of the digital economy and the relevant rulings of the European Court of Justice.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 106 – paragraph 5

~~5. The buyer may not resort to any of the remedies referred to in paragraph 1 to the extent that the buyer caused the seller’s non-performance.~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 3

(3) Contract law related transaction costs which have been shown to be of considerable proportions and legal obstacles stemming from the differences between national mandatory consumer protection rules have a direct effect on the functioning of the internal market in relation to business–to–consumer transactions. Pursuant to Article 6 of Regulation 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Regulation (EC) No 593/2008), whenever a trader directs its activities to consumers in another Member State the consumer protection provisions of the Member State of the consumer's habitual residence that provide a higher level of protection and cannot be derogated from by agreement by virtue of that law will apply, even where another applicable law has been chosen by the parties. Therefore, traders need to find out in advance whether the consumer's law provides higher protection and ensure that their contract is in compliance with its requirements. In addition, in e-commerce, web-site adaptations which need to reflect mandatory requirements of applicable foreign consumer contract laws entail further costs. The existing harmonisation of consumer law at Union level has led to a certain approximation in some areas. However the differences between Member States' laws remain substantial; existing harmonisation leaves Member States a broad range of options on how to comply with the requirements of Union legislation and where to set the level of consumer protection.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 106 – paragraph 6

~~6. Remedies which are not incompatible may be cumula~~deleted.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 3 a (new)

(3a) A person should also be considered as a consumer in the case of dual purpose contracts, where the contract is concluded for purposes partly within and partly outside the person's trade and the trade purpose is so limited as not to be predominant in the overall context of the contract.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 107

Limitation of remedies for digital content not supplied in exchange for a price Where digital content is not supplied in exchange for the payment of a price, the buyer may not resort to the remedies referred to in points (a) to (d) of Article 106(1). The buyer may only claim damages under point (e) of Article 106 (1) for loss or damage caused to the buyer's property, including hardware, software and data, by the lack of conformity of the supplied digital content, except for any gain of which the buyer has been deprived by that damage.Article 107 deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 4

(4) The contract-law-related barriers which prevent traders from fully exploiting the potential of the internal market also work to the detriment of consumers. Less cross-border trade results in fewer imports and less competition. Consumers may be disadvantaged by a limited choice of goods at higher prices both because fewer foreign traders offer their products and services directly to them and also indirectly as a result of restricted cross- border business-to-business trade at the wholesale level. While cross-border shopping could bring substantial economic advantages in terms of more and better offers, many consumers are also reluctant to engage in cross-border shopping, because of the uncertainty about their rights. Some of the main consumer concerns are related to contract law, for instance whether they would enjoy adequate protection in the event of purchasing defective products. As a consequence, a substantial numberBy bringing the established body of European consumer law up to date with regard to the legal obligation relating to the guarantee of conformity, related services and digital content, a high level of consumers pr~~efer to shop domestically even if this means they have less choice or pay higher prices~~otection will be ensured.

2013/05/03
Committee: JURI

Proposal for a regulation
Recital 5

(5) In addition, those consumers who want to benefit from price differences between Member States by purchasing from a trader from another Member State are often hindered due to a trader's refusal to sell. While e-commerce has greatly facilitated the search for offers as well as the comparison of prices and other conditions irrespective of where a trader is established, orders by consumers from abroad are very frequently refused by traders which refrain from entering into cross-border transactions.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 108

In a contract between a trader and a consumer, the parties may not, to the detriment of the consumer, exclude the application of this Chapter, or derogate from or vary its effect before the lack of conformity is brought to the trader's attention by the consumer.Article 108 deleted Mandatory nature

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 6

(6) Differences in national contract laws therefore constitute barriers which prevent consumers and traders from reaping the benefits of the internal market. Those contract-law-related barriers would be significantly reduced if contracts could be based on a single uniform set of contract law rules irrespective of where parties are established. Such a uniform set of contract law rules should cover the full life cycle of a contract and thus comprise the areas which are the most important when concluding contracts. It should also include fully harmonised provisions to protect consumers.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Section 2 – title

Cure by the sellrvice provider

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 7

(7) The differences between national contract laws and their effect on cross- border trade also serve to limit competition. With a low level of cross- border trade, there is less competition, and thus less incentive for traders to become more innovative and to improve the quality of their products or to reduce prices. Particularly in smaller Member States with a limited number of domestic competitors, the decision of foreign traders to refrain from entering these markets due to costs and complexity may limit competition, resulting in an appreciable impact on choice and price levels for available products. In addition, the barriers to cross-border trade may jeopardise competition between SME and larger companies. In view of the significant impact of the transaction costs in relation to turnover, an SME is much more likely to refrain from entering a foreign market than a larger competitor.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 109 – paragraph 1

1. A sellrvice provider who has tendered performance early and who has been notified that the performance is not in conformity with the contract may make a new and conforming tender if that can be done within the time allowed for performance.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 8

(8) To overcome these contract-law- related barriers, parties should have the possibility to agree that their contracts should be governed by a single uniform set of contract law rules with the same meaning and interpretation in all Member States, a Common Sales Law. The Common European Sales Law should represent an additional option increasing the choice available to parties and open to use whenever jointly considered to be helpful in order to facilitate cross-border trade and reduce transaction and opportunity costs as well as other contract-law-related obstacles to cross- border trade. It should become the basis of a contractual relationship only where parties jointly decide to use it.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 109 – paragraph 2

2. In cases not covered by paragraph 1 a sellrvice provider who has tendered a performance which is not in conformity with the contract may, without undue delay on being notified of the lack of conformity, offer to cure it at its own expense.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 9

(9) This ~~Regulation establishes a Common European Sales Law. It harmonises the contract laws of the Member States not by requir~~Directive provides a minimum set of rules making up the legal framework for certaing a~~mendmen~~spects tof the ~~pre-existing national contract law, but by c~~sale of consumer goods and digital content, legal obligations relating ~~within each Member Sta~~to guarante'es national law a second contract law regime for contracts within its scope. This second regime should be identical throughout the Union and exist alongside the pre-existing rules of national contract law. The Common European Sales Law should apply on a voluntary basis, upon an express agreement of the parties, to a cross-border contractof conformity and related-services contracts. This Directive therefore harmonises the contract law of Member States without preventing them from maintaining or introducing stricter national provisions in the areas harmonised by the Directive in order to guarantee a high level of consumer protection.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 109 – paragraph 4 – introductory part

4. The ~~buy~~consumer may refuse an offer to cure ~~only~~ if:

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 10

(10) The agreement to use the Common European Sales Law should be a choice exercised within the scope of the respective national law which is applicable pursuant to Regulation (EC) No 593/2008 or, in relation to pre- contractual information duties, pursuant to Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Regulation (EC) No 864/2007), or any other relevant conflict of law rule. The agreement to use the Common European Sales Law should therefore not amount to, and not be confused with, a choice of the applicable law within the meaning of the conflict-of- law rules and should be without prejudice to them. This Regulation will therefore not affect any of the existing conflict of law rules.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 109 – paragraph 4 – point a

(a) cure cannot be effected promptly and without significant inconvenience to the ~~buy~~consumer;

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 109 – paragraph 4 – point b

(b) the ~~buy~~consumer has reason to believe that the sellrvice provider’s future performance cannot be relied on; or

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 11

(11) ~~The Common European Sales Law should comprise of a complete set of fully harmonised mandatory consumer protection rules.~~ In line with Article 114(3) of the Treaty, those rules should guarantee a high level of consumer protection with a view to enhancing consumer confidence ~~in the Common European Sales Law~~ and thus provide consumers with an incentive to enter into cross-border contracts ~~on that basis~~. The rules should maintain or improve the existing level of protection that consumers enjoy under Union consumer law.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 109 – paragraph 5

5. The se~~ller has a reasonable period of time~~rvice provider has 30 days to effect cure.

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 109 – paragraph 6

6. The buyer may withhold performance pending cure, but the rights of the buyer which are inconsistent with allowing the seller a period of time to effect cure are suspended until that period has expired.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 12

(12) Since the Common European Sales Law contains a complete set of fully harmonised mandatory consumer protection rules, there will be no disparities between the laws of the Member States in this area, where the parties have chosen to use the Common European Sales Law. Consequently, Article 6(2) Regulation (EC) No 593/2008, which is predicated on the existence of differing levels of consumer protection in the Member States, has no practical importance for the issues covered by the Common European Sales Law.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 109 – paragraph 7

7. Notwithstanding cure, the ~~buy~~consumer retains the right to claim damages for delay as well as for any harm caused or not prevented by the cure.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 13

(13) The Common European Sales Law should be available for cross-border contracts, because it is in that context that the disparities between national laws lead to complexity and additional costs and dissuade parties from entering into contractual relationships. The cross- border nature of a contract should be assessed on the basis of the habitual residence of the parties in business-to- business contracts. In a business-to- consumer contract the cross-border requirement should be met where either the general address indicated by the consumer, the delivery address for the goods or the billing address indicated by the consumer are located in a Member State, but outside the State where the trader has its habitual residence.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Recital 14

(14) The use of the Common European Sales Law should not be limited to cross- border situations involving only Member States, but should also be available to facilitate trade between Member States and third countries. Where consumers from third countries are involved, the agreement to use the Common European Sales Law, which would imply the choice of a foreign law for them, should be subject to the applicable conflict-of-law rules.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 111 – paragraph 1 – introductory part

1. ~~Where, in a consumer sales~~If the good or the digital content is not in conformity with the contract, the ~~trader is~~consumer may require~~d to~~ remedy ~~a lack of conformity pursuant to Article 110(2) the consumer ma~~free of charge by chooseing between repair and replacement unless the option chosen would be unlawful or impossible or, compared to the other option available, would impose costs on the seller that would be disproportionate taking into account:

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 15

(15) Traders engaging in purely domestic as well as in cross-border trade transactions may also find it useful to make use of a single uniform contract for all their transactions. Therefore Member States should be free to decide to make the Common European Sales Law available to parties for use in an entirely domestic setting.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Recital 16

(16) The Common European Sales Law should be available in particular for the sale of movable goods, including the manufacture or production of such goods, as this is the economically single most important contract type which could present a particular potential for growth in cross-border trade, especially in e- commerce.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 111 – paragraph 2

2. If the consumer has required the remedying of the lack of conformity by repair or replacement pursuant to paragraph 1, the consumer may resort to other remedies only if ~~the trader has not completed repair or replacement within a reasonable time, not exceeding 30 days. However, the consumer may withhold performance during that time.~~:

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 17

(17) In order to reflect the increasing importance of the digital economy, the scope of th~~e Common European Sales Law~~is Directive should also cover contracts for the supply of digital content. The transfer of digital content for storage, processing or access, and repeated use, such as a music download, has been growing rapidly and holds a great potential for further growth but is still surrounded by a considerable degree of legal diversity and uncertainty. Th~~e Common European Sales Law~~is Directive should therefore cover the supply of digital content irrespective of whether or not that content is supplied on a tangible medium.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 111 – paragraph 2 – points a to c (new)

(a) the trader has not completed repair or replacement within a reasonable time, not exceeding 30 days; (b) the trader has implicitly or explicitly refused to remedy the lack of conformity; (c) the same fault has occurred again following repair or replacement.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 18

(18) Digital content is often supplied not in exchange for a price but in combination with separate paid goods or services, involving a non-monetary consideration such as giving access to personal data or free of charge in the context of a marketing strategy based on the expectation that the consumer will purchase additional or more sophisticated digital content products at a later stage. In view of this specific market structure and of the fact that defects of the digital content provided may harm the economic interests of consumers irrespective of the conditions under which it has been provided, the ~~availability of the Common European Sales Law~~protection for the consumer which is ensured by this Directive should not depend on whether a price is paid for the specific digital content in question.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 112

1. Where the seller has remedied the lack of conformity by replacement, the seller has a right and an obligation to take back the replaced item at the seller’s expense. 2. The buyer is not liable to pay for any use made of the replaced item in the period prior to the replacement.Article 112 deleted Return of replaced item

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 18 a (new)

(18a) While Directive 2011/83/EU lays down provisions on the passing of risk in respect of goods, it remains necessary to complement those provisions by similar provisions on digital content, too, and, in the process, take account of the specific features of those products.

2013/05/03
Committee: JURI

Proposal for a regulation
Recital 19

(19) With a view to maximising the added value of ~~the Common European Sales Law its material scop~~updating existing provisions on the legal obligation relating to the guarantee of conformity, the material scope of this Directive should also include certain services ~~provided by the seller~~ that are directly and closely related to specific goods or digital content ~~supplied on the basis of the Common European Sales Law,~~ and in practice often combined in the same or a linked contract at the same time~~, most notably repair, maintenance or installation of the goods or the digital content~~.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 113

Right to withhold performance 1. A buyer who is to perform at the same time as, or after, the seller performs has a right to withhold performance until the seller has tendered performance or has performed. 2. A buyer who is to perform before the seller performs and who reasonably believes that there will be non- performance by the seller when the seller’s performance becomes due may withhold performance for as long as the reasonable belief continues. 3. The performance which may be withheld under this Article is the whole or part of the performance to the extent justified by the non-performance. Where the seller's obligations are to be performed in separate parts or are otherwise divisible, the buyer may withhold performance only in relation to that part which has not been performed, unless the seller's non-performance is such as to justify withholding the buyer's performance as a whole.Article 113 deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 20

(20) ~~The Common European Sales Law should not cover any related contracts by which the buyer acquires goods or is suppl~~Should the good, related service or digital content concerned not conform to the contract, consumers should be able to choose from the various remedieds w~~ith a service, from a third party. This would not be appropriate because the third party is not part of the agreement between the contract~~hich this Directive guarantees them. Consumers should be entitled to require traders to remedy the lack of conformity through certain actions, which may take the form of repair or replacement, a reduction ing p~~arties to use the rules of the Common European Sales Law. A related contract with a third party should be governed by t~~urchase price, withholding of the consumer's own performance, withdrawal from the contract, or damages. It should be possible, whe re~~spective national law which is applicable according pursuant to Regulations (EC) No 593/2008 and (EC) No 864/2007 or any o~~ appropriate, to combine some of therse re~~levant conflict of law rule~~medies.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 114 – paragraph 1

1. ~~A buyer may terminate the contract within the meaning of Article 8 if the seller’~~In the case of a consumer sales contract and a contract for the supply of digital content between a trader and a consumer, where there is non- performance ~~under the contract is fundamental within the meaning of Article 87 (2)~~because the goods or the digital content do not conform to the contract the consumer may terminate the contract unless the lack of conformity is insignificant.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 21

(21) In order to tackle the existing internal market and competition problems in a targeted and proportionate fashion, the personal scope of the Common European Sales Law should focus on parties who are currently dissuaded from doing business abroad by the divergence of national contract laws with the consequence of a significant adverse impact on cross-border trade. It should therefore cover all business-to consumer transactions and contracts between traders where at least one of the parties is an SME drawing upon Commission Recommendation 2003/361 of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises. This should, however, be without prejudice to the possibility for Member States to enact legislation which makes the Common European Sales Law available for contracts between traders, neither of which is an SME. In any case, in business-to-business transactions, traders enjoy full freedom of contract and are encouraged to draw inspiration from the Common European Sales Law in the drafting of their contractual terms.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 114 – paragraph 2

2. I~~n a consumer sales contract and~~f the customer terminates a contract for the supply of digital content ~~between a trader and a consumer, where there is a non-performance because~~which was not concluded in exchange for monetary consideration on the goorounds dof notn- conform toity, the c~~ontract, the consumer may terminate the contract unless the lack of conformity is insignificant~~ustomer's personal data shall automatically be erased and the customer shall be informed of that erasure.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 22

(22) The agreement of the parties to a contract is indispensable for the application of the Common European Sales Law. That agreement should be subject to strict requirements in business- to-consumer transactions. Since, in practice, it will usually be the trader who proposes the use of the Common European Sales Law, consumers must be fully aware of the fact that they are agreeing to the use of rules which are different from those of their pre-existing national law. Therefore, the consumer's consent to use the Common European Sales Law should be admissible only in the form of an explicit statement separate from the statement indicating the agreement to the conclusion of the contract. It should therefore not be possible to offer the use of the Common European Sales Law as a term of the contract to be concluded, particularly as an element of the trader's standard terms and conditions. The trader should provide the consumer with a confirmation of the agreement to use the Common European Sales Law on a durable medium.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 115

~~Termination for delay in delivery after 1. A buyer may terminate the contract in a case of delay in delivery which is not in itself fundamental if the buyer gives~~Article 115 deleted notice fixing an additional period of time of reasonable length for performance and the seller does not perform within that period. 2. The additional period referred to in paragraph 1 is taken to be of reasonable length if the seller does not object to it without undue delay. 3. Where the notice provides for automatic termination if the seller does not perform within the period fixed by the notice, termination takes effect after that period without further notice.time for performance

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 23

(23) In addition to being a conscious choice, the consent of a consumer to the use of the Common European Sales Law should be an informed choice. The trader should therefore not only draw the consumer's attention to the intended use of the Common European Sales Law but should also provide information on its nature and its salient features. In order to facilitate this task for traders, thereby avoiding unnecessary administrative burdens, and to ensure consistency in the level and the quality of the information communicated to consumers, traders should supply consumers with the standard information notice provided for in this Regulation and thus readily available in all official languages in the Union. Where it is not possible to supply the consumer with the information notice, for example in the context of a telephone call, or where the trader has failed to provide the information notice, the agreement to use the Common European Sales Law should not be binding on the consumer until the consumer has received the information notice together with the confirmation of the agreement and has subsequently expressed consent.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 116

A ~~buyer may terminate the contract before performance is due if the seller has declared, or it is otherwise clear, that there will be a non-per~~rticle 116 deleted Termination form an~~ce, and if the~~ticipated non- performance ~~would be such as to justify termination.~~

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 24

(24) In order to avoid a selective application of certain elements of the Common European Sales Law, which could disturb the balance between the rights and obligations of the parties and adversely affect the level of consumer protection, the choice should cover the Common European Sales Law as a whole and not only certain parts of it.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Recital 25

(25) Where the United Nations Convention on Contracts for the International Sale of Goods would otherwise apply to the contract in question, the choice of the Common European Sales Law should imply an agreement of the contractual parties to exclude that Convention.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 117

Scope of right to terminate 1. Where the seller’s obligations under the contract are to be performed in separate parts or are otherwise divisible, then if there is a ground for termination under this Section of a part to which a part of the price can be apportioned, the buyer may terminate only in relation to that part. 2. Paragraph 1 does not apply if the buyer cannot be expected to accept performance of the other parts or the non-performance is such as to justify termination of the contract as a whole. 3. Where the seller’s obligations under the contract are not divisible or a part of the price cannot be apportioned, the buyer may terminate only if the non- performance is such as to justify termination of the contract as a whole.Article 117 deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 26

(26) The rules of the Common European Sales Law should cover the matters of contract law that are of practical relevance during the life cycle of the types of contracts falling within the material and personal scope, particularly those entered into online. Apart from the rights and obligations of the parties and the remedies for non-performance, the Common European Sales Law should therefore govern pre-contractual information duties, the conclusion of a contract including formal requirements, the right of withdrawal and its consequences, avoidance of the contract resulting from a mistake, fraud, threats or unfair exploitation and the consequences of such avoidance, interpretation, the contents and effects of a contract, the assessment and consequences of unfairness of contract terms, restitution after avoidance and termination and the prescription and preclusion of rights. It should settle the sanctions available in case of the breach of all the obligations and duties arising under its application.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 118

A ~~right to terminate under this Section is exercised by notice to the seller.~~rticle 118 deleted Notice of termination

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 27

(27) All the matters of a contractual or non-contractual nature that are not addressed in the Common European Sales Law are governed by the pre-existing rules of the national law outside the Common European Sales Law that is applicable under Regulations (EC) No 593/2008 and (EC) No 864/2007 or any other relevant conflict of law rule. These issues include legal personality, the invalidity of a contract arising from lack of capacity, illegality or immorality, the determination of the language of the contract, matters of non-discrimination, representation, plurality of debtors and creditors, change of parties including assignment, set-off and merger, property law including the transfer of ownership, intellectual property law and the law of torts. Furthermore, the issue of whether concurrent contractual and non- contractual liability claims can be pursued together falls outside the scope of the Common European Sales Lis Directive are governed by the pre-existing rules of national law.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 119

1. The buyer loses the right to terminate under this Section if notice of termination is not given within a reasonable time from when the right arose or the buyer became, or could be expected to have become, aware of the non-performance, whichever is later. 2. Paragraph 1 does not apply: (a) where the buyer is a consumer; or (b) where no performance at all has been tendered.Article 119 deleted Loss of right to terminate

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 28

(28) The Common European Sales Law should not govern any matters outside the remit of contract law. This Regulation should be without prejudice to the Union or national law in relation to any such matters. For example, information duties which are imposed for the protection of health and safety or environmental reasons should remain outside the scope of the Common European Sales Law. This Regulation should further be without prejudice to the information requirements of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Recital 29

(29) Once there is a valid agreement to use the Common European Sales Law, only the Common European Sales Law should govern the matters falling within its scope. The rules of the Common European Sales Law should be interpreted autonomously in accordance with the well-established principles on the interpretation of Union legislation. Questions concerning matters falling within the scope of the Common European Sales Law which are not expressly settled by it should be resolved only by interpretation of its rules without recourse to any other law. The rules of the Common European Sales Law should be interpreted on the basis of the underlying principles and objectives and all its provisions.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 120

1. A buyer who accepts a performance not conforming to the contract may reduce the price. The reduction is to be proportionate to the decrease in the value of what was received in performance at the time performance was made compared to the value of what would have been received by a conforming performance. 2. A buyer who is entitledArticle 120 deleted Right to reduce ~~the~~ price under paragraph 1 and who has already paid a sum exceeding the reduced price may recover the excess from the seller. 3. A buyer who reduces the price cannot also recover damages for the loss thereby compensated but remains entitled to damages for any further loss suffered.

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 30

(30) Freedom of contract should be the guiding principle underlying the Common European Sales Law. Party autonomy should be restricted only where and to the extent that this is indispensable, in particular for reasons of consumer protection. Where such a necessity exists, the mandatory nature of the rules in question should be clearly indicated.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Recital 31

(31) The principle of good faith and fair dealing should provide guidance on the way parties have to cooperate. As some rules constitute specific manifestations of the general principle of good faith and fair dealing, they should take precedent over the general principle. The general principle should therefore not be used as a tool to amend the specific rights and obligations of parties as set out in the specific rules. The concrete requirements resulting from the principle of good faith and fair dealing should depend, amongst others, on the relative level of expertise of the parties and should therefore be different in business-to-consumer transactions and in business-to-business transactions. In transactions between traders, good commercial practice in the specific situation concerned should be a relevant factor in this context.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 121

Examination of the goods in contracts 1. In a contract between traders the buyer is expected to examine the goods, or cause them to be examined, within as short a period as is reasonable not exceeding 14 days from the date of delivery of the goods, supply of digital content or provision of related services. 2. If the contract involves carriage of the goods, examination may be deferred until after the goods have arrived at their destination. 3. If the goods are redirected in transit, or redispatched by the buyer before the buyer has had a reasonable opportunity to examine them, and at the time of the conclusion of the contract the seller knew or could be expected to have known of the possibility of such redirection or redispatch, examination may be deferred until after the goods have arrived at the new destination.Article 121 deleted between traders

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 32

~~(32) The Common European Sales Law should aim at the preservation of a valid contract whenever possible and appropriate in view of the legitimate interests of the parties.~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 122

Requirement of notification of lack of conformity in sales contracts between 1. In a contract between traders the buyer may not rely on a lack of conformity if the buyer does not give notice to the seller within a reasonable time specifying the nature of the lack of conformity. The time starts to run when the goods are supplied or when the buyer discovers or could be expected to discover the lack of conformity, whichever is later. 2. The buyer loses the right to rely on a lack of conformity if the buyer does not give the seller notice of the lack of conformity within two years from the time at which the goods were actually handed over to the buyer in accordance with the contract. 3. Where the parties have agreed that the goods must remain fit for a particular purpose or for their ordinary purpose during a fixed period of time, the period for giving notice under paragraph 2 does not expire before the end of the agreed period. 4. Paragraph 2 does not apply in respect of the third party claims or rights referred to in Article 102. 5. The buyer does not have to notify the seller that not all the goods have been delivered if the buyer has reason to believe that the remaining goods will be delivered. 6. The seller is not entitled to rely on this Article if the lack of conformity relates to facts of which the seller knew or could be expected to have known and which the seller did not disclose to the buyer.Article 122 deleted traders

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 33

(33) The Common European Sales Law should identify well-balanced solutions taking account the legitimate interests of the parties in designating and exercising the remedies available in the case of non- performance of the contract. In business- to-consumer contracts the system of remedies should reflect the fact that the non-conformity of goods, digital content or services falls within the trader's sphere of responsibility.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Chapter 12

~~[...]~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 34

(34) In order to enhance legal certainty by making the case-law of the Court of Justice of the European Union and of national courts on the interpretation of th~~e Common European Sales Law or any other provision of this Regulation~~is Directive accessible to the public, the Commission should create a database comprising the final relevant decisions. With a view to making that task possible, the Member States should ensure that such national judgments are quickly communicated to the Commission.

2013/05/03
Committee: JURI

Proposal for a regulation
Recital 35

(35) It is also appropriate to review the functioning of the Common European Sales Law or any other provision of this Regulation after five years of operation. The review should take into account, amongst other things, the need to extend further the scope in relation to business- to-business contracts, market and technological developments in respect of digital content and future developments of the Union acquis.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Recital 36

(36) Since the objective of this ~~Regulation~~Directive, namely to contribute to the proper functioning of the internal market by ~~making available a uniform set of contract law rules that can be used for cross-border transactions throughout the Union~~harmonising certain aspects of the obligation relating to the guarantee of conformity in connection with sales contracts, related services and digital content, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this ~~Regulation~~Directive does not go beyond what is necessary in order to achieve that objective.

2013/05/03
Committee: JURI

Proposal for a regulation
Recital 37

(37) This ~~Regulation~~Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union ~~and specifically Articles 16, 38 and 47 thereof~~,

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Chapter 13

~~[...]~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 1

1. The purpose of this ~~Regulation~~Directive is to improve the conditions for the establishment and the functioning of the internal market by ~~making available a uniform set of contract law rules as set~~ ensuring a high level of consumer protection which takes account ~~in Annex I (‘the Common European Sales Law’). These rule~~of new technologies, too, by harmonising certain aspects of the laws, regulations can ~~be used for cross-border transact~~d administrative provisions ofor the ~~sale of goods, for the supply of digital content and for related services where the parties to a contract agree to do so~~Member States with regard to certain aspects of the obligation relating to the guarantee of conformity, related services and digital content in connection with contracts concluded between consumers and traders.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 140

Loss of, or damage to, the goods or the digital content after the risk has passed to the buyer does not discharge the buyer from the obligation to pay the price, unless the loss or damage is due to an act or omiArticle 140 deleted Effect of passiong of ~~the seller.~~risk

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation enables traders to rely on a common set of rules and use the same contract terms for all their cross- border transactions thereby reducing unnecessary costs while providing a high degree of legal certainty.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 141

Identification of goods or digital content The risk does not pass to the buyer until the goods or the digital content are clearly identified as the goods or digital content to be supplied under the contract, whether by the initial agreement, by notice given to the buyer or otherwise.Article 141 deleted to contract

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 3

3. ~~In relation to contracts between traders and consumers, this Regulation~~This Directive comprises a comprehensive set of consumer protection rules to ensure a high level of consumer protection, to enhance consumer confidence in the internal market and encourage consumers to shop across borders.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 141 a (new)

Article 141a Time limits 1. Pursuant to Article [...] (conformity) the trader shall be liable if the non- conformity comes to light within six years following delivery of the good. 2. If the trader remedies the fault by means of repair or replacement, the time limit referred to in paragraph shall be suspended from the time when the consumer informs the trader of the non- conformity to the time when the consumer is once again in possession of the replaced or repaired good or the digital content. 3. If the trader remedies the fault by means of repair or replacement, the time limit referred to in paragraph 1 shall start to run again as soon as the consumer is in receipt of the replaced or repaired good or the digital content. In the event of repair the time limit shall start to run again.

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 3 a (new)

3a. Save as otherwise provided in this Directive, Member States may maintain or introduce national laws ensuring a higher level of consumer protection which depart from the provisions of this Directive.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 142 – title

Passing of risk in a con~~sumer sales contract~~tract for the supply of digital content on a tangible medium

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 3 b (new)

3b. Should one or more Member States avail itself of the possibility under paragraph 3a, the relevant provisions shall be in conformity with the Treaties and notified to the Commission. The Commission shall subsequently ensure that that information is easily accessible to consumers and traders, inter alia on a dedicated website.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 142 – paragraph 1

1. In a consumer sales contract, the risk passes at the time when the consumer or a third party designated by the consumer, not being the carrier, has acquired the physical possession of the goods or the tangible medium on which the digital content is supplied.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 3 c (new)

3c. The enjoyment of other national rights concerning traders' contractual and noncontractual obligations shall be without prejudice to the consumer rights harmonised by this Directive.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 142 – paragraph 3

3. Except where the contract is a distance or off-premises contract, paragraphs 1 and 2 do not apply where the consumer fails to perform the obligation to take over the goods or the digital content and the non-performance is not excused under Article 88. In this case, the risk passes at the time when the consumer, or the third party designated by the consumer, would have acquired the physical possession of the goods or obtained the control of the digital content if the obligation to take them over had been performed.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point b

(b) ‘good faith and fair dealing’ means a standard of conduct characterised by honesty, openness and consideration for the interests of the other party to the transaction or relationship in question;deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 142 – paragraph 4

4. Where the consumer arranges the carriage of the goods or the digital content supplied on a tangible medium and that choice was not offered by the trader, the risk passes when the goods or the digital content supplied on a tangible medium are handed over to the carrier, without prejudice to the rights of the consumer against the carrier.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point c

(c) ‘loss’ means economic loss and non- economic loss in the form of pain and suffering, excluding other forms of non- economic loss such as impairment of the quality of life and loss of enjoyment;deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 142 – paragraph 5

~~5. The parties may not, to the detriment of the consumer, exclude the application of this Article or derogate from or vary its effects.~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point d

(d) ‘standard contract terms’ means contract terms which have been drafted in advance for several transactions involving different parties, and which have not been individually negotiated by the parties within the meaning of Article 7 of the Common European Sales Law;deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 142 a (new)

Article 142a Commercial guarantees 1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement, or if the guarantee statement is less advantageous than advertised, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee. 2. The guarantee statement shall be drafted in plain, intelligible language and be legible. It shall be drafted in the language of the contract concluded with the consumer. The guarantee must: a) indicate the legal rights of the consumer pursuant to Article [...] (Remedies of the consumer), and a clear statement that those rights are not affected by the commercial guarantee, (b) set the contents of the commercial guarantee and the conditions for making claims, notably the duration, territorial scope and the name and address of the guarantor, (c) the benefits to the customer of making a claim, whether the guarantee is free of charge or not, and if it is not what the costs for the customer are; d) the information that the commercial guarantee can be transferred to a subsequent buyer. e) a statement that maintenance services and spare parts will continue to be made available for six years following the conclusion of the contract. 3. The trader shall make the guarantee statement available in a durable medium. 4. Non compliance with paragraph 2 or 3 shall not affect the validity of the guarantee.

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point e

(e) ‘trader’ means any natural ~~or legal person who is acting~~person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to ~~that person'~~his trade, business, craft, or profession in relation to contracts;

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 143

1. In a contract between traders the risk passes when the buyer takes delivery of the goods or digital content or the documents representing the goods. 2. Paragraph 1 is subject to Articles 144, 145 and 146.Article 143 deleted Time when risk passes

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 144

1. If the goods or the digital content are placed at the buyer’s disposal and the buyer is aware of this, the risk passes to the buyer at the time when the goods or digital content should have been taken over, unless the buyer was entitled to withhold taking of delivery pursuant to Article 113. 2. If the goods or the digital content are placed at the buyer’s disposal at a place other than a place of business of the seller, the risk passes when delivery is due and the buyer is aware of the fact that the goods or digital content areArticle 144 deleted Goods placed at ~~the~~ buyer’s disposal ~~at that place.~~

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point f

(f) ‘consumer’ means any natural person who is acting for purposes which are outside ~~that person'~~his trade, business, craft, or profession;

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 145

1. This Article applies to a contract of sale which involves carriage of goods. 2. If the seller is not bound to hand over the goods at a particular place, the risk passes to the buyer when the goods are handed over to the first carrier for transmission to the buyer in accordance with the contract. 3. If the seller is bound to hand over the goods to a carrier at a particular place, the risk does not pass to the buyer until the goods are handed over to the carrier at that place. 4. The fact that the seller is authorised to retain documents controlling the disposition of the goods does not affect the passing of the risk.Article 145 deleted Carriage of the goods

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 146

1. This Article applies to a contract of sale which involves goods sold in transit. 2. The risk passes to the buyer as from the time the goods were handed over to the first carrier. However, if the circumstances so indicate, the risk passes to the buyer when the contract is concluded. 3. If at the time of the conclusion of the contract the seller knew or could be expected to have known that the goods had been lost or damaged and did not disclose this to the buyer, the loss or damage is at the risk of the seller.Article 146 deleted Goods sold in transit

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point h

(h) ‘goods’ means any tangible movable items~~; it excludes: (i) electricity and natural~~, with the exception of items sold by way of execution or otherwise by authority of law; water, gas; and ~~(ii) water and other types of gas unless~~electricity shall be considered as goods where they are put up for sale in a limited volume or a set quantity;

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 147

Application of certain general rules on 1. The rules in Chapter 9 apply for the purposes of this Part. 2. Where a sales contract or a contract for the supply of digital content is terminated any related service contract is also terminatedrticle 147 deleted sales contracts …..

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point j – introductory part

(j) ‘digital content’ means data which are produced and supplied in digital form, whether or not according to the buyer's specifications, irrespective of whether the data are accessed through downloading or streaming, from a tangible medium or through any other means, against payment or for non-pecuniary consideration, such as making the consumer's personal data available, including video, audio, picture or written digital content, digital games, software and digital content which makes it possible to personalise existing hardware or software; it excludes:

2013/05/03
Committee: JURI

Proposal for a regulation
Article 2 – point j – point iv

~~(iv) electronic communications services and networks, and associated facilities and services;~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Article 2 – point k

(k) ‘sales contract’ means any contract under which the trader (‘the seller’) transfers or undertakes to transfer the ownership of the goods to another person (‘the buyer’), and the buyer pays or undertakes to pay the price thereof; it includes a contract for the supply of goods to be manufactured or produced and excludes contracts for sale on execution or otherwise involving the exercise of public authority;deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 148 – paragraph 4

4. Where in a contract between a trader and a c~~usto~~onsumer the related service includes installation of the goods, the installation must be such that the installed goods conform to the contract as required by Article ~~101~~[...] (faulty installation in the context of a customer sales contract).

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 148 – paragraph 5

~~5. In relations between a trader and a consumer the parties may not, to the detriment of the consumer, exclude the application of paragraph 2 or derogate from or vary its effects.~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point m – introductory part

(m) ‘related service’ means any service related to goods or digital content, such as installation, maintenance, repair or any other processing, provided by the seller of the goods or the supplier of the digital content under the sales contract, the contract for the supply of digital content or a separate related service contract which was concluded at the same time as or in connection with the sales contract or the contract for the supply of digital content; it excludes:

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 149 – paragraph 1 a (new)

1a. This article shall be without prejudice to general or specific obligations to prevent damage applicable under existing national law.

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point m – point ii

~~(ii) training services,~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Article 2 – point n

(n) ‘service provider’ means a ~~seller of goods or supplier of digital content who undertakes to provide a customer with a service related to those goods or that digital content~~trader who undertakes to provide a related service;

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 150 – paragraph 1 a (new)

1a. The service provider must obtain the express consent of the consumer before entrusting performance to another person pursuant to paragraph 1.

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point o

~~(o) ‘customer’ means any person who purchases a related service;~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 150 – paragraph 3

~~3. In relations between a trader and a consumer the parties may not, to the detriment of the consumer, exclude the application of paragraph 2 or derogate from or vary its effects.~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point p

(p) ‘distance contract’ means any contract between the trader and the consumer under an organised distance sales scheme concluded without the simultaneous physical presence of the trader or, in case the trader is a legal person, a natural person representing the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Article 2 – point q

(q) ‘off-premises contract’ means any contract between a trader and a consumer: (i) concluded in the simultaneous physical presence of the trader or, where the trader is a legal person, the natural person representing the trader and the consumer in a place which is not the trader's business premises, or concluded on the basis of an offer made by the consumer in the same circumstances; or (ii) concluded on the trader's business premises or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the trader's business premises in the simultaneous physical presence of the trader or, where the trader is a legal person, a natural person representing the trader and the consumer; or (iii) concluded during an excursion organised by the trader or, where the trader is a legal person, the natural person representing the trader with the aim or effect of promoting and selling goods or supplying digital content or related services to the consumer;deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 151

Where a separate price is payable for the related service, and the price is not a lump sum agreed at the time of conclusion of the contract, the service provider must provide the c~~usto~~onsumer with an invoice which explains, in a clear and intelligible way, how the price was calculated.

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 152 – paragraph 1 – introductory part

1. The service provider must warn the c~~usto~~onsumer and seek the consent of the c~~ustomer to proceed~~onsumer to proceed if the latter does not make use of his right to terminate the contract pursuant to Article [...] (list of remedies of the customer) if:

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 152 – paragraph 1 – point a

(a) the cost of the related service would be greater than already indicated by the service provider to the c~~usto~~onsumer; or

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point r

(r) ‘business premises’ means: (i) any immovable retail premises where a trader carries out activity on a permanent basis, or (ii) any movable retail premises where a trader carries out activity on a usual basis;deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 152 – paragraph 2

2. A service provider who fails to obtain the consent of the c~~usto~~onsumer in accordance with paragraph 1 is not entitled to a price exceeding the cost already indicated or, as the case may be, the value of the goods or digital content after the related service has been provided.

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point s

(s) ‘commercial guarantee’ means any undertaking by the trader or a producer (the guarantor) to the consumer, in addition to his legal obligation~~s under Article 106 in case of lack~~ relating to the guarantee of conformity, to reimburse the price paid or to replace or, repair, or service goods or digital contents in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract;

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 153

1. The customer must pay any price that is payable for the related service in accordance with the contract. 2. The price is payable when the related service is completed and the object of the related service is made available to the customer.Article 153 deleted Payment of the price

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 154

~~Where it is necessary for the service provider to obtain access to the customer’s premises in order to perform the related service the customer must provide such access at reasonable hours.~~Article 154 deleted Provision of access

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point s a (new)

(sa) 'repair' means remedying a lack of conformity of goods or digital contents;

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 155 – title

Remedies of the c~~usto~~onsumer

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point s b (new)

(sb) 'producer' means any natural or legal person who manufactures or orders the manufacture of goods or digital contents, any importer of goods or digital contents into the territory of the European Union, or any other person purporting to be a producer by placing his name, trade mark or other distinctive sign on the goods or digital contents;

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 155 – paragraph 1 – introductory part

1. In the case of ~~non-performance of an obligation~~failure by the service provider, t~~he customer has, with the adaptations set out in this Article, the same remedies as are provided for the buyer in Chapter 11, namely~~o perform an obligation in accordance with the contract, the consumer has the following remedies:

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point t

(t) ‘durable medium’ means any ~~medium~~instrument which enables ~~a party~~the consumer or the trader to store information addressed ~~personally to that party~~to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;

2013/05/03
Committee: JURI

Proposal for a regulation
Article 2 – point v

~~(v) ‘mandatory rule’ means any provision the application of which the parties cannot exclude, or derogate from or the effect of which they cannot vary;~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 155 – paragraph 2

2. Without prejudice to paragraph 3, the c~~usto~~onsumer's remedies are subject to a right of the service provider to cure ~~whether or not the customer is a consum~~pursuant to Article [...] (cure by the seller).

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point w

~~(w) ‘creditor’ means a person who has a right to performance of an obligation, whether monetary or non-monetary, by another person, the debtor;~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 155 – paragraph 3

3. In the case of incorrect installation ~~under a consumer sales contract as referred to in Article 101~~as referred to in Article [...] (faulty installation in the context of a customer sales contract), the consumer's remedies are not subject to a right of the service provider to cure.

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point x

~~(x) ‘debtor’ means a person who has an obligation, whether monetary or non- monetary, to another person, the creditor;~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 155 – paragraph 4

4. The ~~customer, if a~~ consumer, has the right to terminate the contract for any lack of conformity in the related service provided unless the lack of conformity is insignificant.

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 2 – point y a (new)

(ya) 'free of charge' means free of the necessary costs incurred to bring the goods into conformity, particularly the cost of postage, labour and materials.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 155 – paragraph 5

5. Chapter 11 applies with the necessary adaptations, in particular: (a) in relation to the right of the service provider to cure, in contracts between a trader and a consumer, the reasonable period under Article 109 (5) must not exceed 30 days; (b) in relation to the remedying of a non- conforming performance Articles 111 and 112 do not apply; and (c) Article 156 applies instead of Article 122.deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 3

The parties may agree that the Common European Sales Law governs their cross- border contracts for the sale of goods, for the supply of digital content and for the provision of related services within the territorial, material and personal scope as set out in Articles 4 to 7.Article 3 deleted Optional nature of the Common European Sales Law

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 155 – paragraph 5 a (new)

5a. Where a sales contract or a contract for the supply of digital content is terminated, any related service contract is also terminated.

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 4

1. The Common European Sales Law may be used for cross-border contracts. 2. For the purposes of this Regulation, a contract between traders is a cross-border contract if the parties have their habitual residence in different countries of which at least one is a Member State. 3. For the purposes of this Regulation, a contract between a trader and a consumer is a cross-border contract if: (a) either the address indicated by the consumer, the delivery address for goods or the billing address are located in a country other than the country of the trader's habitual residence; and (b) at least one of these countries is a Member State. 4. For the purposes of this Regulation, the habitual residence of companies and other bodies, corporate or unincorporated, shall be the place of central administration. The habitual residence of a trader who is a natural person shall be that person's principal place of business. 5. Where the contract is concluded in the course of the operations of a branch, agency or any other establishment of a trader, the place where the branch, agency or any other establishment is located shall be treated as the place of the trader's habitual residence. 6. For the purpose of determining whether a contract is a cross-border contract the relevant point in time is the time of the agreement on the use of the Common European Sales Law.Article 4 deleted Cross-border contracts

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 156

Requirement of notification of lack of conformity in related service contracts 1. In a related service contract between traders, the customer may rely on a lack of conformity only if the customer gives notice to the service provider within a reasonable time specifying the nature of the lack of conformity. The time starts to run when the related service is completed or when the customer discovers or could be expected to discover the lack of conformity, whichever is later. 2. The service provider is not entitled to rely on this Article if the lack of conformity relates to facts of which the service provider knew or could be expected to have known and which the service provider did not disclose to the customer.Article 156 deleted between traders

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 157

Remedies of the service provider 1. In the case of a non-performance by the customer, the service provider has, with the adaptations set out in paragraph 2, the same remedies as are provided for the seller in Chapter 13, namely: (a) to require performance; (b) to withhold the customer’s own performance; (c) to terminate the contract; and (d) to claim interest on the price or damages. 2. Chapter 13 applies with the necessary adaptations. In particular Article 158 applies instead of Article 132 (2).Article 157 deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 5

The Common European Sales Law may be used for: (a) sales contracts; (b) contracts for the supply of digital content whether or not supplied on a tangible medium which can be stored, processed or accessed, and re-used by the user, irrespective of whether the digital content is supplied in exchange for the payment of a price. (c) related service contracts, irrespective of whether a separate price was agreed for the related service.Article 5 deleted Contracts for which the Common European Sales Law can be used

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 158 – title

C~~usto~~onsumer’s right to decline performance

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 6

Exclusion of mixed-purpose contracts and contracts linked to a consumer credit 1. The Common European Sales Law may not be used for mixed-purpose contracts including any elements other than the sale of goods, the supply of digital content and the provision of related services within the meaning of Article 5. 2. The Common European Sales Law may not be used for contracts between a trader and a consumer where the trader grants or promises to grant to the consumer credit in the form of a deferred payment, loan or other similar financial accommodation. The Common European Sales Law may be used for contracts between a trader and a consumer where goods, digital content or related services of the same kind are supplied on a continuing basis and the consumer pays for such goods, digital content or related services for the duration of the supply by means of instalments.Article 6 deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 158 – paragraph 1

1. The c~~usto~~onsumer may at any time give notice to the service provider that performance, or further performance of the related service is no longer required.

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 158 – paragraph 2 – introductory part

~~2. Where notice is given under paragraph 1:~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 158 – paragraph 2 – point b

(b) the c~~usto~~onsumer, if there is no ground for termination under any other provision, remains liable to pay the price less the expenses that the service provider has saved or could be expected to have saved by not having to complete performance.

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 7

1. The Common European Sales Law may be used only if the seller of goods or the supplier of digital content is a trader. Where all the parties to a contract are traders, the Common European Sales Law may be used if at least one of those parties is a small or medium-sized enterprise (‘SME’). 2. For the purposes of this Regulation, an SME is a trader which (a) employs fewer than 250 persons; and (b) has an annual turnover not exceeding EUR 50 million or an annual balance sheet total not exceeding EUR 43 million, or, for an SME which has its habitual residence in a Member State whose currency is not the euro or in a third country, the equivalent amounts in the currency of that Member State or third country.Article 7 deleted Parties to the contract

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 158 a (new)

Article 158a Imperative nature of the Directive If the law applicable to the contract is the law of a Member State, consumers may not waive the rights conferred on them by the national measures transposing this Directive. Any contractual terms which directly or indirectly waive or restrict the rights resulting from this Directive shall not be binding on the consumer.

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 158 b (new)

Article 158b Enforcement 1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive. 2. The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies, as determined by national law, may take action in accordance with national law before the courts or competent administrative bodies to ensure that the national provisions for the implementation of this Directive are applied: (a) public bodies or their representatives; (b) consumer organisations having a legitimate interest in protecting consumers; (c) professional organisations having a legitimate interest in acting.

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 158 c (new)

Article 158c Penalties 1. Member States shall impose penalties for infringements of the national provisions adopted on the basis of this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 2. Member States shall notify those provisions to the Commission by [...] and shall notify it without delay of any subsequent amendment affecting them.

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 8

Agreement on the use of the Common 1. The use of the Common European Sales Law requires an agreement of the parties to that effect. The existence of such an agreement and its validity shall be determined on the basis of paragraphs 2 and 3 of this Article and Article 9, as well as the relevant provisions in the Common European Sales Law. 2. In relations between a trader and a consumer the agreement on the use of the Common European Sales Law shall be valid only if the consumer's consent is given by an explicit statement which is separate from the statement indicating the agreement to conclude a contract. The trader shall provide the consumer with a confirmation of that agreement on a durable medium. 3. In relations between a trader and a consumer the Common European Sales Law may not be chosen partially, but only in its entirety.rticle 8 deleted European Sales Law

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Article 158 d (new)

Article 158d Reporting by the Commission and review By [...], the Commission shall submit a report on the application of this Directive to the European Parliament and the Council. The report shall be accompanied, where necessary, by legislative proposals to adapt this Directive to developments in the field of consumer rights.

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Article 158 e (new)

Article 158e Implementation aspects (1) By […] Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of these measures in the form of documents. For the purposes of the report referred to in Article [...] (Reporting by the Commission and review), the Commission shall make use of these documents. It shall apply these measures from [...]. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. (2) The provisions of this Directive shall apply to consumer sales contracts concluded after [...].

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex 1 – Chapter 16 – Section 1

~~[...]~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 9

Standard Information Notice in contracts between a trader and a consumer 1. In addition to the pre-contractual information duties laid down in the Common European Sales Law, in relations between a trader and a consumer the trader shall draw the consumer's attention to the intended application of the Common European Sales Law before the agreement by providing the consumer with the information notice in Annex II in a prominent manner. Where the agreement to use the Common European Sales Law is concluded by telephone or by any other means that do not make it possible to provide the consumer with the information notice, or where the trader has failed to provide the information notice, the consumer shall not be bound by the agreement until the consumer has received the confirmation referred to in Article 8(2) accompanied by the information notice and has expressly consented subsequently to the use of the Common European Sales Law. 2. The information notice referred to in paragraph 1 shall, if given in electronic form, contain a hyperlink or, in all other circumstances, include the indication of a website through which the text of the Common European Sales Law can be obtained free of charge.Article 9 deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Chapter 16 – Section 2

~~[...]~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 10

Member States shall lay down penalties for breaches by traders in relations with consumers of the requirements set out in Articles 8 and 9 and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided shall be effective, proportionate and dissuasive. Member States shall notify the relevant provisions to the Commission no later than [1 year after the date of application of this Regulation] and shall notify any subsequent changes as soon as possible.Article 10 deleted Penalties for breach of specific requirements

2013/05/03
Committee: JURI

Proposal for a regulation
Article 11

Consequences of the use of the Common Where the parties have validly agreed to use the Common European Sales Law for a contract, only the Common European Sales Law shall govern the matters addressed in its rules. Provided that the contract was actually concluded, the Common European Sales Law shall also govern the compliance with and remedies for failure to comply with the pre- contractual information duties.Article 11 deleted European Sales Law

2013/05/03
Committee: JURI

Proposal for a regulation
Article 12

Information requirements resulting from the Services Directive This Regulation is without prejudice to the information requirements laid down by national laws which transpose the provisions of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market and which complement the information requirements laid down in the Common European Sales Law.Article 12 deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Chapter 16 – Section 3

~~[...]~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 13

A Member State may decide to make the Common European Sales Law available for: (a) contracts where the habitual residence of the traders or, in the case of a contract between a trader and a consumer, the habitual residence of the trader, the address indicated by the consumer, the delivery address for goods and the billing address, are located in that Member State; and/or (b) contracts where all the parties are traders but none of them is an SME within the meaning of Article 7(2).rticle 13 deleted Member States' options

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Chapter 17

~~[...]~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 14 – title

Communication of judgments applying this Regulation Directive

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Chapter 18

~~[...]~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 1

1. Member States shall ensure that final judgments of their courts applying the rules of this ~~Regulation~~Directive are communicated without undue delay to the Commission.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Appendix 1

~~[...]~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Article 15

1. By … [4 years after the date of application of this Regulation], Member States shall provide the Commission with information relating to the application of this Regulation, in particular on the level of acceptance of the Common European Sales Law, the extent to which its provisions have given rise to litigation and on the state of play concerning differences in the level of consumer protection between the Common European Sales Law and national law. That information shall include a comprehensive overview of the case law of the national courts interpreting the provisions of the Common European Sales Law. 2. By … [5 years after the date of application of this Regulation], the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a detailed report reviewing the operation of this Regulation, and taking account of, amongst others, the need to extend the scope in relation to business-to-business contracts, market and technological developments in respect of digital content and future developments of the Union acquis.Article 15 deleted Review

2013/05/03
Committee: JURI

Proposal for a regulation
Article 16 – paragraph 1

1. This ~~Regulation~~Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

2013/05/03
Committee: JURI

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1

~~It shall apply from [ 6 months after its the entry into force].~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2

~~This Regulation shall be binding in its entirety and directly applicable in the Member States.~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Article 16 a (new)

Article 16a Addressees This Directive is addressed to the Member States.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Title

~~COMMON EUROPEAN SALES LAW~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Table of contents

Table of contents deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Part I

Part I deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Part II

Part II deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Appendix 2

Model withdrawal form (complete and return this form only if you wish to withdraw from the contract) – To [here the trader’s name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]: – I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods*/for the supply of the following digital content/for the provision of the following related service* – Ordered on*/received on* – Name of consumer(s) – Address of consumer(s) – Signature of consumer(s) (only if this form is notified on paper) – Date * Delete as appropriate.eted

2013/02/27
Committee: IMCO

Proposal for a regulation
Annex I – Part III

Part III deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex II

~~[...]~~deleted

2013/02/27
Committee: IMCO

Proposal for a regulation
Recital 37 a (new)

(37a) In order to avoid duplication and to compliment existing EU law this directive should take into account the principles of directive 2011/83/EU on consumer rights which harmonised rules for distance and off-premises contracts such as pre- contractual information, formal requirements, right of withdrawal, delivery, passing of risk and payment means. This should provide for a solid legal framework of European rules for business who sell goods or digital content to consumers across the Union.

2013/04/25
Committee: IMCO

Proposal for a regulation
Recital 37 b (new)

(37b) After the adoption of this directive, The European Commission should establish a working group, composed mainly of groups representing consumers and businesses, supported by academics and practitioners, in order to develop standard terms and conditions for on-line business to consumers contracts based on the rules in this directive and the consumer acquis, in particular directive 2011/83/EU on consumer rights.

2013/04/25
Committee: IMCO

Proposal for a regulation
Annex I – Chapter 9

Chapter 9 deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Chapter 10 – title

~~Chapter 10: The seller's obligations~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 91

The seller of goods or the supplier of digital content (in this part referred to as ‘the seller’) must: (a) deliver the goods or supply the digital content; (b) transfer the ownership of the goods, including the tangible medium on which the digital content is supplied; (c) ensure that the goods or the digital content are in conformity with the contract; (d) ensure that the buyer has the right to use the digital content in accordance with the contract; and (e) deliver such documents representing or relating to the goods or documents relating to the digital content as may be required by the contract.Article 91 deleted General provisions Main obligations of the seller

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 92

1. A seller may entrust performance to another person, unless personal performance by the seller is required by the contract terms. 2. A seller who entrusts performance to another person remains responsible for performance. 3. In relations between a trader and a consumer the parties may not, to the detriment of the consumer, exclude the application of paragraph (2) or derogate from or vary its effects.Article 92 deleted Performance by a third party

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 93

1. Where the place of delivery cannot be otherwise determined, it is: (a) in the case of a consumer sales contract or a contract for the supply of digital content which is a distance or off- premises contract, or in which the seller has undertaken to arrange carriage to the buyer, the consumer's place of residence at the time of the conclusion of the contract; (b) in any other case, (i) where the contract of sale involves carriage of the goods by a carrier or series of carriers, the nearest collection point of the first carrier ; (ii) where the contract does not involve carriage, the seller's place of business at the time of conclusion of the contract. 2. If the seller has more than one place of business, the place of business for the purposes of point (b) of paragraph 1 is that which has the closest relationship to the obligation toArticle 93 deleted Place of deliver.y

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 94

1. Unless agreed otherwise, the seller fulfils the obligation to deliver: (a) in the case of a consumer sales contract or a contract for the supply of digital content which is a distance or off- premises contract or in which the seller has undertaken to arrange carriage to the buyer, by transferring the physical possession or control of the goods or the digital content to the consumer; (b) in other cases in which the contract involves carriage of the goods by a carrier, by handing over the goods to the first carrier for transmission to the buyer and by handing over to the buyer any document necessary to enable the buyer to take over the goods from the carrier holding the goods; or (c) in cases that do not fall within points (a) or (b), by making the goods or the digital content, or where it is agreed that the seller need only deliver documents representing the goods, the documents, available to the buyer. 2. In points (a) and (c) of paragraph 1, any reference to the consumer or the buyer includes a third party, not being the carrier, indicated by the consumer or the buyer in accordance with the contract.Article 94 deleted Method of delivery

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 95

1. Where the time of delivery cannot be otherwise determined, the goods or the digital content must be delivered without undue delay after the conclusion of the contract. 2. In contracts between a trader and a consumer, unless agreed otherwise by the parties, the trader must deliver the goods or the digital content not later than 30 days from the conclusion of the contract.Article 95 deleted Time of delivery

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 96

Seller's obligations regarding carriage of 1. Where the contract requires the seller to arrange for carriage of the goods, the seller must conclude such contracts as are necessary for carriage to the place fixed by means of transportation appropriate in the circumstances and according to the usual terms for such transportation. 2. Where the seller, in accordance with the contract, hands over the goods to a carrier and if the goods are not clearly identified as the goods to be supplied under the contract by markings on the goods, by shipping documents or otherwise, the seller must give the buyer notice of the consignment specifying the goods. 3. Where the contract does not require the seller to effect insurance in respect of the carriage of the goods, the seller must, at the buyer's request, provide the buyer with all available information necessary to enable the buyer to effect such insurance.Article 96 deleted the goods

2013/05/03
Committee: JURI

Proposal for a regulation
Article 16 a (new)

Article 16a Model Contracts The Commission shall present the standard terms and conditions within [one year] of the transposition of this directive.

2013/04/25
Committee: IMCO

Proposal for a regulation
Annex I – Article 97

Goods or digital content not accepted by 1. A seller who is left in possession of the goods or the digital content because the buyer, when bound to do so, has failed to take delivery must take reasonable steps to protect and preserve them. 2. The seller is discharged from the obligation to deliver if the seller: (a) deposits the goods or the digital content on reasonable terms with a third party to be held to the order of the buyer, and notifies the buyer of this; or (b) sells the goods or the digital content on reasonable terms after notice to the buyer, and pays the net proceeds to the buyer. 3. The seller is entitled to be reimbursed or to retain out of the proceeds of sale any costs reasonably incurred.Article 97 deleted the buyer

2013/05/03
Committee: JURI

Proposal for a regulation
Article 16 b (new)

Article 16b The Commission shall carry out an information campaign to inform businesses at national level about these standards terms for on-line consumer transactions based on the European rules.

2013/04/25
Committee: IMCO

Proposal for a regulation
Annex I – Article 98

~~The effect of delivery on the passing of risk is regulated by Chapter 14.~~Article 98 deleted Effect on passing of risk

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Chapter 10 – section 3 – title

Conformity ofwith the ~~goods and digital content~~contract and consumer's remedies

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 99 – paragraph 1 – introductory part

1. The seller is obliged to deliver the goods or digital content in conformity with the contract. In order to conform with the contract, the goods or digital content must:

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 99 – paragraph 2

2. In order to conform with the contract the goods or digital content must also meet the requirements of Articles ~~100, 101 and 102, save to the extent that the parties have agreed otherwise~~[...] (Criteria for conformity of the goods and digital content; incorrect installation under a consumer sales contract).

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 99 – paragraph 3

3. ~~In a consumer sales contract, a~~Any agreement derogating from the requirements of Articles ~~100, 102 and 103~~[...] (Criteria for conformity of the goods and digital content; incorrect installation under a consumer sales contract) to the detriment of the consumer is valid only if, at the time of the conclusion of the contract, the consumer knew of the specific condition of the goods or the digital content and explicitly accepted the goods or the digital content as being in conformity with the contract when concluding it.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 99 – paragraph 4

~~4. In a consumer sales contract, the parties may not, to the detriment of the consumer, exclude the application of paragraph 3 or derogate from or vary its effects.~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 100 – point f

(f) possess the qualities and performance capabilities indicated in any pre- contractual statement ~~which forms part of the contract terms by virtue of Article 69~~; and

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 100 – point g

(g) possess such qualities and performance capabilities as the ~~buy~~consumer may expect, including durability, appearance and absence of minor faults. When determining what the consumer may expect of the digital content regard is to be had to whether or not the digital content was supplied in exchange for the payment of a price.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 101 – paragraph 2

~~2. The parties may not, to the detriment of the consumer, exclude the application of this Article or derogate from or vary its effects.~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 102

Third party rights or claims 1. The goods must be free from and the digital content must be cleared of any right or not obviously unfounded claim of a third party. 2. As regards rights or claims based on intellectual property, subject to paragraphs 3 and 4, the goods must be free from and the digital content must be cleared of any right or not obviously unfounded claim of a third party: (a) under the law of the state where the goods or digital content will be used according to the contract or, in the absence of such an agreement, under the law of the state of the buyer's place of business or in contracts between a trader and a consumer the consumer's place of residence indicated by the consumer at the time of the conclusion of the contract; and (b) which the seller knew of or could be expected to have known of at the time of the conclusion of the contract. 3. In contracts between businesses, paragraph 2 does not apply where the buyer knew or could be expected to have known of the rights or claims based on intellectual property at the time of the conclusion of the contract. 4. In contracts between a trader and a consumer, paragraph 2 does not apply where the consumer knew of the rights or claims based on intellectual property at the time of the conclusion of the contract. 5. In contracts between a trader and a consumer, the parties may not, to the detriment of the consumer, exclude the application of this Article or derogate from or vary its effects.Article 102 deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 103

Limitation on conformity of digital Digital content is not considered as not conforming to the contract for the sole reason that updated digital content has become available after the conclusion of the contract.Article 103 deleted content

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 104

Buyer‘s knowledge of lack of conformity in a contract between traders In a contract between traders, the seller is not liable for any lack of conformity of the goods if, at the time of the conclusion of the contract, the buyer knew or could not have been unaware of the lack of conformity.Article 104 deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 105 – paragraph 1

1. The seller is liable for any lack of conformity which exists at the time when the risk passes to the ~~buyer under Chapter 14~~consumer.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 105 – paragraph 2

2. In a consumer sales contract or a contract for the supply of digital content, any lack of conformity which becomes apparent within ~~six months~~one year of the time when risk passes to the ~~buy~~consumer is presumed to have existed at that time unless this is incompatible with the nature of the goods or digital content or with the nature of the lack of conformity.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 105 – paragraph 4

4. Where the digital content must be subsequently updated by the trader, or where he supplies its components separately, the trader must ensure that the digital content remains in conformity with the contract throughout the duration of the contract.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 105 – paragraph 5

~~5. In a contract between a trader and a consumer, the parties may not, to the detriment of a consumer, exclude the application of this Article or derogate from or vary its effect.~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 106 – title

The buyer's remedies Remedies

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 106 – paragraph 1 – introductory part

1. In the case of non-performance of anthe obligation to conform to the contract by the seller, the ~~buy~~consumer may do any of the following:

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point a

(a) require performance, which includes specific performance, repair or replacement of the goods or digital content~~, under Section 3 of this Chapter~~;

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point b

(b) withhold the buyer's own performance ~~under Section 4 of this Chapter~~;

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point c

(c) terminate the contract under ~~Section 5 of this Chapter~~ Article [...] (Termination for non-performance)and claim the return of any price already paid~~, under Chapter 17~~;

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point d

(d) reduce the price ~~under Section 6 of this Chapter~~; and

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point e

(e) claim damages ~~under Chapter 16~~.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 106 – paragraph 2

2. Ifn the ~~buyer is a trader: (a) the buyer's rights to exercise any remedy except withholding of performanc~~case of digital content made available afre subject to cure by the seller as set out in Section 2 of this Chapter; and (b) the buyer's rights to rely on lack of conformity are subject to the requirements of examination and notification set out in Section 7 of this Chaptere of charge, the consumer may make use of the remedies referred to in points a, b, c and e of paragraph 1.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 106 – paragraph 3

3. ~~If the buyer is a consumer: (a) the buyer's rights are not subject to cure by the seller; and (b) the requirements of examination and notification set out in Section 7 of this Chapter do not apply~~Remedies which are not incompatible may be cumulated.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 106 – paragraph 4

4. ~~If the seller's non-performance is excused, the buyer may~~The right to resort to ~~any of~~ these remedies ~~referred to in paragraph 1 except requiring performance and damages.~~passes to a subsequent purchaser of the goods or digital content where that purchaser is a consumer

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 106 – paragraph 5

~~5. The buyer may not resort to any of the remedies referred to in paragraph 1 to the extent that the buyer caused the seller's non-performance.~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 106 – paragraph 6

~~6. Remedies which are not incompatible may be cumula~~deleted.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 107

Limitation of remedies for digital content not supplied in exchange for a price Where digital content is not supplied in exchange for the payment of a price, the buyer may not resort to the remedies referred to in points (a) to (d) of Article 106(1) . The buyer may only claim damages under point (e) of Article 106 (1) for loss or damage caused to the buyer's property, including hardware, software and data, by the lack of conformity of the supplied digital content, except for any gain of which the buyer has been deprived by that damage.Article 107 deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 108

In a contract between a trader and a consumer, the parties may not, to the detriment of the consumer, exclude the application of this Chapter, or derogate from or vary its effect before the lack of conformity is brought to the trader's attention by the consumer.Article 108 deleted Mandatory nature

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Chapter 11 – section 2 – title

Section 2: Cure by the seller Section 2: Cure by the service provider

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 109 – paragraph 1

1. A sellrvice provider who has tendered performance early and who has been notified that the performance is not in conformity with the contract may make a new and conforming tender if that can be done within the time allowed for performance.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 109 – paragraph 2

2. In cases not covered by paragraph 1 a sellrvice provider who has tendered a performance which is not in conformity with the contract may, without undue delay on being notified of the lack of conformity, offer to cure it at its own expense.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 109 – paragraph 3

~~3. An offer to cure is not precluded by notice of termination.~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 109 – paragraph 4 – introductory part

4. The ~~buy~~consumer may refuse an offer to cure only if:

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 109 – paragraph 4 – point a

(a) cure cannot be effected promptly and without significant inconvenience to the ~~buy~~consumer;

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 109 – paragraph 4 – point b

(b) the ~~buy~~consumer has reason to believe that the sellrvice provider's future performance cannot be relied on; or

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 109 – paragraph 5

5. The se~~ller has a reasonable period of time~~rvice provider has 30 days to effect cure.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 109 – paragraph 6

6. The buyer may withhold performance pending cure, but the rights of the buyer which are inconsistent with allowing the seller a period of time to effect cure are suspended until that period has expired.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 109 – paragraph 7

7. Notwithstanding cure, the ~~buy~~consumer retains the right to claim damages for delay as well as for any harm caused or not prevented by the cure.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 111 – paragraph 1 – introductory part

1. ~~Where, in a consumer sales~~If the good or the digital content is not in conformity with the contract, the ~~trader is~~consumer may require~~d to~~ remedy ~~a lack of conformity pursuant to Article 110(2) the consumer ma~~free of charge by chooseing between repair and replacement unless the option chosen would be unlawful or impossible or, compared to the other option available, would impose costs on the seller that would be disproportionate taking into account:

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Chapter 10 – section 3 – title

Conformity ofwith the ~~goods and digital content~~contract and the consumer’s remedies

2013/04/25
Committee: IMCO

Proposal for a regulation
Annex I – Article 111 – paragraph 2

2. If the consumer has required the remedying of the lack of conformity by repair or replacement pursuant to paragraph 1, the consumer may resort to other remedies only if: a) the trader has not completed repair or replacement within a reasonable time, not exceeding 30 days~~. However, the consumer may withhold performance during that time~~; b) the trader has implicitly or explicitly refused to remedy the lack of conformity; c) the same fault has occurred again following repair or replacement.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 112

1. Where the seller has remedied the lack of conformity by replacement, the seller has a right and an obligation to take back the replaced item at the seller's expense. 2. The buyer is not liable to pay for any use made of the replaced item in the period prior to the replacement.Article 112 deleted Return of replaced item

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 113

1. A buyer who is to perform at the same time as, or after, the seller performs has a right to withhold performance until the seller has tendered performance or has performed. 2. A buyer who is to perform before the seller performs and who reasonably believes that there will be non- performance by the seller when the seller's performance becomes due may withhold performance for as long as the reasonable belief continues. 3. The performance which may be withheld under this Article is the whole or part of the performance to the extent justified by the non-performance. Where the seller's obligations are to be performed in separate parts or are otherwise divisible, the buyer may withhold performance only in relation to that part which has not been performed, unless the seller's non-performance is such as to justify withholding the buyer's performance as a whole.Article 113 deleted Right to withhold performance

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 114 – paragraph 1

1. ~~A buyer may terminate the contract within the meaning of Article 8 if the seller'~~In the case of a consumer sales contract and a contract for the supply of digital content between a trader and a consumer, where there is non- performance ~~under the contract is fundamental within the meaning of Article 87(2)~~because the goods or the digital content do not conform to the contract the consumer may terminate the contract unless the lack of conformity is insignificant.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 114 – paragraph 2

2. I~~n a consumer sales contract and~~f the customer terminates a contract for the supply of digital content ~~between a trader and a consumer, where there is a non-performance because~~which was not concluded in exchange for monetary consideration on the goorounds dof not nconform toity, the c~~ontract, the consumer may terminate the contract unless the lack of conformity is insignificant~~ustomer's personal data shall automatically be erased and the customer shall be informed of that erasure.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 115

Termination for delay in delivery after notice fixing additional time for 1. A buyer may terminate the contract in a case of delay in delivery which is not in itself fundamental if the buyer gives notice fixing an additional period of time of reasonable length for performance and the seller does not perform within that period. 2. The additional period referred to in paragraph 1 is taken to be of reasonable length if the seller does not object to it without undue delay. 3. Where the notice provides for automatic termination if the seller does not perform within the period fixed by the notice, termination takes effect after that period without further notice.Article 115 deleted performance

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Chapter 11 – title

~~The buyer’s r~~Remedies

2013/04/25
Committee: IMCO

Proposal for a regulation
Annex I – Article 116

Termination for anticipated non- A buyer may terminate the contract before performance is due if the seller has declared, or it is otherwise clear, that there will be a non-performance, and if the non-performance would be such as to justify termination.Article 116 deleted performance

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 117

1. Where the seller's obligations under the contract are to be performed in separate parts or are otherwise divisible, then if there is a ground for termination under this Section of a part to which a part of the price can be apportioned, the buyer may terminate only in relation to that part. 2. Paragraph 1 does not apply if the buyer cannot be expected to accept performance of the other parts or the non-performance is such as to justify termination of the contract as a whole. 3. Where the seller's obligations under the contract are not divisible or a part of the price cannot be apportioned, the buyer may terminate only if the non- performance is such as to justify termination of the contract as a whole.Article 117 deleted Scope of right to terminate

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 118

A ~~right to terminate under this Section is exercised by notice to the seller.~~rticle 118 deleted Notice of termination

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 119

1. The buyer loses the right to terminate under this Section if notice of termination is not given within a reasonable time from when the right arose or the buyer became, or could be expected to have become, aware of the non-performance, whichever is later. 2. Paragraph 1 does not apply: (a) where the buyer is a consumer; or (b) where no performance at all has been tendered.Article 119 deleted Loss of right to terminate

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 120

1. A buyer who accepts a performance not conforming to the contract may reduce the price. The reduction is to be proportionate to the decrease in the value of what was received in performance at the time performance was made compared to the value of what would have been received by a conforming performance. 2. A buyer who is entitled to reduce the price under paragraph 1 and who has already paid a sum exceeding the reduced price may recover the excess from the seller. 3. A buyer whArticle 120 deleted Right to reduce~~s the~~ price ~~cannot also recover damages for the loss thereby compensated but remains entitled to damages for any further loss suffered.~~

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 121

Examination of the goods in contracts 1. In a contract between traders the buyer is expected to examine the goods, or cause them to be examined, within as short a period as is reasonable not exceeding 14 days from the date of delivery of the goods, supply of digital content or provision of related services. 2. If the contract involves carriage of the goods, examination may be deferred until after the goods have arrived at their destination. 3. If the goods are redirected in transit, or redispatched by the buyer before the buyer has had a reasonable opportunity to examine them, and at the time of the conclusion of the contract the seller knew or could be expected to have known of the possibility of such redirection or redispatch, examination may be deferred until after the goods have arrived at the new destination.Article 121 deleted between traders

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 122

Requirement of notification of lack of conformity in sales contracts between 1. In a contract between traders the buyer may not rely on a lack of conformity if the buyer does not give notice to the seller within a reasonable time specifying the nature of the lack of conformity. The time starts to run when the goods are supplied or when the buyer discovers or could be expected to discover the lack of conformity, whichever is later. 2. The buyer loses the right to rely on a lack of conformity if the buyer does not give the seller notice of the lack of conformity within two years from the time at which the goods were actually handed over to the buyer in accordance with the contract. 3. Where the parties have agreed that the goods must remain fit for a particular purpose or for their ordinary purpose during a fixed period of time, the period for giving notice under paragraph 2 does not expire before the end of the agreed period. 4. Paragraph 2 does not apply in respect of the third party claims or rights referred to in Article 102. 5. The buyer does not have to notify the seller that not all the goods have been delivered if the buyer has reason to believe that the remaining goods will be delivered. 6. The seller is not entitled to rely on this Article if the lack of conformity relates to facts of which the seller knew or could be expected to have known and which the seller did not disclose to the buyer.Article 122 deleted traders

2013/05/03
Committee: JURI

Proposal for a regulation
Annex 1 – Chapter 12

Chapter 12 deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Chapter 13

Chapter 13 deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 140

Loss of, or damage to, the goods or the digital content after the risk has passed to the buyer does not discharge the buyer from the obligation to pay the price, unless the loss or damage is due to an act or omiArticle 140 deleted Effect of passiong of ~~the seller.~~risk

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 141

Identification of goods or digital content The risk does not pass to the buyer until the goods or the digital content are clearly identified as the goods or digital content to be supplied under the contract, whether by the initial agreement, by notice given to the buyer or otherwise.Article 141 deleted to contract

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 141 a (new)

Article 141a Time limits 1. Pursuant to Article [...] (conformity) the trader shall be liable if the non- conformity comes to light within six years following delivery of the good. 2. If the trader remedies the fault by means of repair or replacement, the time limit referred to in paragraph shall be suspended from the time when the consumer informs the trader of the non- conformity to the time when the consumer is once again in possession of the replaced or repaired good or the digital content. 3. If the trader remedies the fault by means of repair or replacement, the time limit referred to in paragraph 1 shall start to run again as soon as the consumer is in receipt of the replaced or repaired good or the digital content. In the event of repair the time limit shall start to run again.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 142 – paragraph 1

1. In a consumer sales contract, the risk passes at the time when the consumer or a third party designated by the consumer, not being the carrier, has acquired the physical possession of the goods or the tangible medium on which the digital content is supplied.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 142 – paragraph 3

3. Except where the contract is a distance or off-premises contract, paragraphs 1 and 2 do not apply where the consumer fails to perform the obligation to take over the goods or the digital content and the non-performance is not excused under Article 88. In this case, the risk passes at the time when the consumer, or the third party designated by the consumer, would have acquired the physical possession of the goods or obtained the control of the digital content if the obligation to take them over had been performed.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 142 – paragraph 4

4. Where the consumer arranges the carriage of the goods or the digital content supplied on a tangible medium and that choice was not offered by the trader, the risk passes when the goods or the digital content supplied on a tangible medium are handed over to the carrier, without prejudice to the rights of the consumer against the carrier.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 142 – paragraph 5

~~5. The parties may not, to the detriment of the consumer, exclude the application of this Article or derogate from or vary its effects.~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 142 a (new)

Article 142a Commercial guarantees 1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement, or if the guarantee statement is less advantageous than advertised, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee. 2. The guarantee statement shall be drafted in plain, intelligible language and be legible. It shall be drafted in the language of the contract concluded with the consumer. The guarantee must: a) indicate the legal rights of the consumer pursuant to Article [...] (Remedies of the consumer), and a clear statement that those rights are not affected by the commercial guarantee, (b) set the contents of the commercial guarantee and the conditions for making claims, notably the duration, territorial scope and the name and address of the guarantor, (c) the benefits to the customer of making a claim, whether the guarantee is free of charge or not, and if it is not what the costs for the customer are; d) the information that the commercial guarantee can be transferred to a subsequent buyer. e) a statement that maintenance services and spare parts will continue to be made available for six years following the conclusion of the contract. 3. The trader shall make the guarantee statement available in a durable medium. 4. Non compliance with paragraph 2 or 3 shall not affect the validity of the guarantee.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 143

1. In a contract between traders the risk passes when the buyer takes delivery of the goods or digital content or the documents representing the goods. 2. Paragraph 1 is subject to Articles 144, 145 and 146.Article 143 deleted Time when risk passes

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 144

Goods placed at buyer's disposal 1. If the goods or the digital content are placed at the buyer's disposal and the buyer is aware of this, the risk passes to the buyer at the time when the goods or digital content should have been taken over, unless the buyer was entitled to withhold taking of delivery pursuant to Article 113. 2. If the goods or the digital content are placed at the buyer's disposal at a place other than a place of business of the seller, the risk passes when delivery is due and the buyer is aware of the fact that the goods or digital content are placed at the buyer's disposal at that place.Article 144 deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 145

1. This Article applies to a contract of sale which involves carriage of goods. 2. If the seller is not bound to hand over the goods at a particular place, the risk passes to the buyer when the goods are handed over to the first carrier for transmission to the buyer in accordance with the contract. 3. If the seller is bound to hand over the goods to a carrier at a particular place, the risk does not pass to the buyer until the goods are handed over to the carrier at that place. 4. The fact that the seller is authorised to retain documents controlling the disposition of the goods does not affect the passing of the risk.Article 145 deleted Carriage of the goods

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 146

1. This Article applies to a contract of sale which involves goods sold in transit. 2. The risk passes to the buyer as from the time the goods were handed over to the first carrier. However, if the circumstances so indicate, the risk passes to the buyer when the contract is concluded. 3. If at the time of the conclusion of the contract the seller knew or could be expected to have known that the goods had been lost or damaged and did not disclose this to the buyer, the loss or damage is at the risk of the seller.Article 146 deleted Goods sold in transit

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 147

Application of certain general rules on 1. The rules in Chapter 9 apply for the purposes of this Part. 2. Where a sales contract or a contract for the supply of digital content is terminated any related service contract is also terminated.rticle 147 deleted sales contracts

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 148 – paragraph 4

4. Where in a contract between a trader and a consumer the related service includes installation of the goods, the installation must be such that the installed goods conform to the contract as required by Article ~~101~~[...] (faulty installation in the context of a customer sales contract).

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 148 – paragraph 5

~~5. In relations between a trader and a consumer the parties may not, to the detriment of the consumer, exclude the application of paragraph 2 or derogate from or vary its effects.~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 149 – subparagraph 1 a (new)

This article shall be without prejudice to general or specific obligations to prevent damage applicable under existing national law.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 150 – paragraph 1 a (new)

1a. The service provider must obtain the express consent of the consumer before entrusting performance to another person pursuant to paragraph 1.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 150 – paragraph 3

~~3. In relations between a trader and a consumer the parties may not, to the detriment of the consumer, exclude the application of paragraph 2 or derogate from or vary its effects.~~deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 151

Where a separate price is payable for the related service, and the price is not a lump sum agreed at the time of conclusion of the contract, the service provider must provide the c~~usto~~onsumer with an invoice which explains, in a clear and intelligible way, how the price was calculated.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 152 – paragraph 1 – introductory part

1. The service provider must warn the c~~usto~~onsumer and seek the consent of the c~~ustomer to proceed~~onsumer to proceed if the latter does not make use of his right to terminate the contract pursuant to Article [...] (list of remedies of the customer) if:

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 152 – paragraph 1 – point a

(a) the cost of the related service would be greater than already indicated by the service provider to the c~~usto~~onsumer; or

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 152 – paragraph 2

2. A service provider who fails to obtain the consent of the c~~usto~~onsumer in accordance with paragraph 1 is not entitled to a price exceeding the cost already indicated or, as the case may be, the value of the goods or digital content after the related service has been provided.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 153

1. The customer must pay any price that is payable for the related service in accordance with the contract. 2. The price is payable when the related service is completed and the object of the related service is made available to the customer.Article 153 deleted Payment of the price

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 154

~~Where it is necessary for the service provider to obtain access to the customer's premises in order to perform the related service the customer must provide such access at reasonable hours.~~Article 154 deleted Provision of access

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 155 – title

Remedies of the c~~usto~~onsumer

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 155 – paragraph 1 – introductory part

1. In the case of ~~non-performance of an obligation~~failure by the service provider, t~~he customer has, with the adaptations set out in this Article, the same remedies as are provided for the buyer in Chapter 11, namely~~o perform an obligation in accordance with the contract, the consumer has the following remedies:

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 155 – paragraph 2

2. Without prejudice to paragraph 3, the c~~usto~~onsumer's remedies are subject to a right of the service provider to cure ~~whether or not the customer is a consum~~pursuant to Article [...] (cure by the seller).

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 155 – paragraph 3

3. In the case of incorrect installation ~~under a consumer sales contract as referred to in Article 101~~as referred to in Article [...] (faulty installation in the context of a customer sales contract), the consumer's remedies are not subject to a right of the service provider to cure.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 155 – paragraph 4

4. The ~~customer, if a~~ consumer, has the right to terminate the contract for any lack of conformity in the related service provided unless the lack of conformity is insignificant.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 155 – paragraph 5

5. Chapter 11 applies with the necessary adaptations, in particular: (a) in relation to the right of the service provider to cure, in contracts between a trader and a consumer, the reasonable period under Article 109 (5) must not exceed 30 days; (b) in relation to the remedying of a non- conforming performance Articles 111 and 112 do not apply; and (c) Article 156 applies instead of Article 122.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 155 – paragraph 5 a (new)

5a. Where a sales contract or a contract for the supply of digital content is terminated, any related service contract is also terminated.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 156

Requirement of notification of lack of conformity in related service contracts 1. In a related service contract between traders, the customer may rely on a lack of conformity only if the customer gives notice to the service provider within a reasonable time specifying the nature of the lack of conformity. The time starts to run when the related service is completed or when the customer discovers or could be expected to discover the lack of conformity, whichever is later. 2. The service provider is not entitled to rely on this Article if the lack of conformity relates to facts of which the service provider knew or could be expected to have known and which the service provider did not disclose to the customer.Article 156 deleted between traders

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 157

1. In the case of a non-performance by the customer, the service provider has, with the adaptations set out in paragraph 2, the same remedies as are provided for the seller in Chapter 13, namely: (a) to require performance; (b) to withhold the service provider's own performance; (c) to terminate the contract; and (d) to claim interest on the price or damages. 2. Chapter 13 applies with the necessary adaptations. In particular Article 158 applies instead of Article 132 (2).Article 157 deleted Remedies of the service provider

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 158 – title

C~~usto~~onsumer's right to decline performance

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 158 – paragraph 1

1. The c~~usto~~onsumer may at any time give notice to the service provider that performance, or further performance of the related service is no longer required.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 158 – paragraph 2

2. Where notice is given under paragraph 1: (a) the service provider no longer has the right or obligation to provide the related service; and (b) the customer, if there is no ground for termination under any other provision, remains liable to pay the price less the expenses that the service provider has saved or could be expected to have saved by not having to complete performance.deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 158 – paragraph 2 – point b

(b) the c~~usto~~onsumer, if there is no ground for termination under any other provision, remains liable to pay the price less the expenses that the service provider has saved or could be expected to have saved by not having to complete performance.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 158 a (new)

Article 158a Imperative nature of the Directive If the law applicable to the contract is the law of a Member State, consumers may not waive the rights conferred on them by the national measures transposing this Directive. Any contractual terms which directly or indirectly waive or restrict the rights resulting from this Directive shall not be binding on the consumer.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 158 b (new)

Article 158 b Enforcement 1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive. 2. The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies, as determined by national law, may take action in accordance with national law before the courts or competent administrative bodies to ensure that the national provisions for the implementation of this Directive are applied: (a) public bodies or their representatives; (b) consumer organisations having a legitimate interest in protecting consumers; (c) professional organisations having a legitimate interest in acting.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 158 c (new)

Article 158c Penalties 1. Member States shall impose penalties for infringements of the national provisions adopted on the basis of this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 2. Member States shall notify those provisions to the Commission by [...] and shall notify it without delay of any subsequent amendment affecting them.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 158 d (new)

Article 158d Reporting by the Commission and review By [...], the Commission shall submit a report on the application of this Directive to the European Parliament and the Council. The report shall be accompanied, where necessary, by legislative proposals to adapt this Directive to developments in the field of consumer rights.

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Article 158 e (new)

Article 158e Implementation aspects 1. By [...] Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of these measures in the form of documents. For the purposes of the report referred to in Article [...] (Reporting by the Commission and review), the Commission shall make use of these documents. It shall apply these measures from [...]. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. The provisions of this Directive shall apply to consumer sales contracts concluded after [...].

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Chapter 16 – section 1

Chapter 16, section 1 deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Chapter 16 – section 2

Chapter 16, section 2 deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Chapter 16 – section 3

Chapter 16, section 3 deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Chapter 17

Chapter 17 deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Chapter 18

Chapter 18 deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Appendix 1

Annex 1, Appendix 1 deleted

2013/05/03
Committee: JURI

Proposal for a regulation
Annex I – Appendix 2

(complete and return this form only if you wish to withdraw from the contract) – To [here the trader's name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]: – I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods*/for the supply of the following digital content/for the provision of the following related service* – Ordered on*/received on* – Name of consumer(s) – Address of consumer(s) – Signature of consumer(s) (only if this form is notified on paper) – Date * Delete as appropriate.Appendix 2 deleted Model withdrawal form

2013/05/03
Committee: JURI