21 Amendments of Svenja HAHN related to 2022/0147(COD)
Amendment 38 #
Proposal for a directive
Recital 4
Recital 4
(4) Ensuring the same high level of consumer protection across the internal market is best achieved through full harmonisation. Full harmonisation is necessary in order to ensure that all consumers in the Union enjoy a high and equivalent level of protection of their interests and to create a well-functioning internal market. Member States should therefore not be allowed to maintain or introduce national provisions other than those laid down in this Directive, with respect to aspects covered by the Directive, unless otherwise provided in this Directive. Where no such harmonised provisions exist, Member States should remain free to maintain or introduce national legislatmore stringent provisions.
Amendment 42 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to address the fact that the progressive introduction of Union sector specific legislation has led to significant overlaps of that legislation with Directive 2002/65/EC and that digitalisation exacerbated some aspects that are not fully addressed by the Directive, including how and when information should be provided to the consumer, it is necessary to revise the rules applicable to financial services contracts concluded between a consumer and a trader at a distance, while at the same time ensuring the application of the ‘safety net’ feature for financial services which are not covered by Union sector specific legislation including financial services excluded from the scope of Union acts governing specific financial services.
Amendment 56 #
Proposal for a directive
Recital 13
Recital 13
(13) Certain consumer financial services are governed by specific Union acts, which continue to apply to those financial services. In order to ensure legal certainty, it should be clarified that where another Union act governing specific financial services contains rules on pre-contractual information or on the exercise of the right of withdrawal, only the respective provisions of those other Union acts should apply to those specific consumer financial services unless provided otherwise in those acts. Sectoral regulations prevail over the rules of this Directive. For instance, when Article 186 of Directive 2009/138/EC of the European Parliament and of the Council19 applies, the rules concerning the 'cancellation period' laid down in Directive 2009/138/EC apply and not the rules on the right of withdrawal laid down in this Directive and when Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council20 applies, the rules on the right of withdrawal under this Directive should not apply. Likewise, certain Union acts governing specific financial services21 contain extensive and developed rules designed to ensure that consumers are able to understand the essential characteristics of the proposed contract Furthermore, certain Union acts governing specific financial services, such as Directive 2014/17/EU on credit agreements for consumers relating to residential immovable property22 , already lay down rules on adequate explanations to be provided by the traders to the consumers with respect to the proposed contract. In order to ensure legal certainty, the rules on adequate explanations set out in this Directive should not apply to financial services falling under Union acts governing specific financial services that contain rules on the information to be provided to the consumer prior to the conclusion of the contract. _________________ 19 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). 20 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). 21 Such as, Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan- European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1), Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349), Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19), Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214) 22 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34)
Amendment 62 #
Proposal for a directive
Recital 17
Recital 17
(17) The use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. In the interests of transparency, requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. In order to be able to make their decisions in full knowledge of the facts, consumers should receive the information at least one dayin good time prior to the conclusion of the distance contract. Only in exceptional cases can the information be provided less than a day before the conclusion of the distance contract for financial service. In case the contract is concluded less than one day before, the trader, within the established timeframe, should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service at least one day after and up to seven days after the contract is concluded.
Amendment 73 #
Proposal for a directive
Recital 25
Recital 25
(25) For distance contracts concluded by electronic means, the trader should provide the consumer with the possibility to use a withdrawal button.Where the trader offers the possibility of concluding distance contracts by means of an online interface, he should also provide the consumer with the possibility to use a withdrawal button that allows consumers to withdraw from contract in a simple and rapid manner. This should ensure that consumers can withdraw from a contract just as easily as they can conclude it. To achieve this, the trader should provide a button on the online interface on which the contract is concluded that indicates the possibility of withdrawal. The consumer should be allowed to make the withdrawal statement and to provide certain information to identify the contract. The withdrawal statement shall be submitted by using a confirmation button In order forto ensure the effective use of the withdrawal button, the trader should ensure that it is visible and, when the consumer uses the button, the trader should adequately document its use. This obligation should be laid down not only to distance contracts for financial services, but also distance contract for goods and services to enhance the possibilities for consumers to get out of contracts by means of withdrawal.
Amendment 78 #
Proposal for a directive
Recital 26
Recital 26
(26) Consumers may need assistance in order to decide which financial service is the most appropriate for his or her needs and financial situation. Therefore, Member States should ensure that before the conclusion of a financial service contract at a distance, traders provide such assistance in relation to the financial services which they offer to the consumer, by providing adequate explanations about the relevant information, including the essential characteristics of the products proposed. The obligation of providing adequate explanations is particularly important when consumers intend to conclude a financial service contract at a distance and the trader provides explanations through online tools. In order to ensure that the consumer understands the effects that the contract may have on his or her economic situation, the consumer should always be able to obtain human intervention on behalf of the trader in cases where the trader uses online tools to provide explanations. To avoid administrative burden for the trader, the human intervention can be limited to the opening hours of the trader. Adequate explanations, if not already provided with the pre-contractual information, could be provided in a written or oral form.
Amendment 92 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 1
Article 3 – paragraph 1b – subparagraph 1
‘Articles 1 and 2, Article 3(2), (5) and (6), Article 4, Article 11a, Articles 16a to 16ef, Article 19, Articles 21 to 23, Article 24(1), (2), (3) and (4) and Articles 25, 26 and 267 shall apply to distance contracts concluded between a trader and a consumer for the supply of financial services.
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 – point 1a (new)
Article 1 – paragraph 1 – point 1a (new)
Directive 2011/83/EU
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(1a) In Article 6(1), point (h) is replaced by the following: "(h) where a right of withdrawal exists, the conditions, time limit and procedures for exercising that right in accordance with Article 11(1), as well as the model withdrawal form set out in Annex I(B);, and, where applicable, information about the existence and placement of the withdrawal button or a similar function referred to in Article 11a;"
Amendment 97 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Directive 2011/83/EU
Article 11a (new)
Article 11a (new)
(1 b) The following Article 11a is inserted: Article 11a Exercise of the right of withdrawal from distance contracts concluded by the means of an online interface 1. For distance contracts concluded by the means of an online interface, the trader shall ensure that the consumer can withdraw from the contract on that same online interface by using a button or a similar function. The button or a similar function shall be labelled in a legible manner and shall contain the words “withdraw from contract here” or a corresponding unambiguous formulation. The withdrawal button or a similar function shall be placed on the online interface in a prominent manner and be easily accessible to the consumer. 2. Using the button or a similar function shall allow the consumer to make the withdrawal statement by providing the following information: (a) name of the consumer; (b) identification of the contract; (c) details of the electronic means by which the confirmation of the withdrawal shall be sent to the consumer. 3. The withdrawal statement shall be submitted by using a confirmation button or a similar function. The confirmation button or a similar function shall be labelled in a legible manner with the words “withdraw now” or a corresponding unambiguous formulation. 4. Once the consumer uses the confirmation button or a similar function, the consumer shall then automatically receive a confirmation that the withdrawal statement has been submitted, including the date and time of the submission. 5. The trader shall confirm to the consumer without undue delay the content of the withdrawal statement, including the date and time of its receipt, on a durable medium.
Amendment 101 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Chapter IIIa – title
Chapter IIIa – title
RULES CONCERNING FINANCIAL SERVICES CONTRACTS CONCLUDED AT A DISTANDISTANCE CONTRACTS FOR FINANCIAL SERVICES
Amendment 108 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point b
Article 16a – paragraph 1 – point b
(b) the geographical address at which the trader is established as well as the trader’s telephone number andor email address; in addition, where the trader provides other means of online communication which guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the trader on a durable medium, the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to contact the trader quickly and communicate with him efficiently; where applicable, the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting;
Amendment 115 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point o
Article 16a – paragraph 1 – point o
(o) where applicable, information onabout any environmental or social objectives targeted by the financial service;
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 1
Article 16a – paragraph 2 – subparagraph 1
In the case of telephone communications or another technique of distance communication, the identity of the trader and the commercial purpose of the calldistance communication initiated by the trader shall be made explicitly clear at the beginning of any conversation with the consumer.
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 2
Article 16a – paragraph 2 – subparagraph 2
Amendment 134 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 3
Article 16a – paragraph 2 – subparagraph 3
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 3 – subparagraph 1
Article 16a – paragraph 3 – subparagraph 1
The trader shall provide the information referred to in paragraph 1 at least one dayin good time before the consumer is bound by any distance contract.
Amendment 144 #
When the information referred to in paragraph 1 is provided less than one day before the consumer is bound by the distance contract, Member States shall require that the trader sends a reminder, on a durable medium, to the consumer of the possibility to withdraw from the distance contract and of the procedure to follow for withdrawing, in accordance with Article 16b. That reminder shall be provided to the consumer, at the latest, onebetween one and seven days after the conclusion of the distance contract.
Amendment 156 #
(b a) in case the trader substantially fails to provide the consumer with the necessary information or the contractual terms and conditions, the withdrawal period shall expire 14 days plus 12 months from the day of the conclusion of the distance contract.
Amendment 166 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 8
Article 16b – paragraph 2 – point a – indent 8
Amendment 175 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5
Article 16b – paragraph 5
Amendment 195 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e
Article 16e
Without prejudice to Directive 2005/29/EC of the European Parliament and of the Council24 and Council Directive 93/13/EEC25 , Member States shall adopt measures requiring that traders, when concluding financial services contracts at a distance, do not use the structure, design, function or manner of operation of their online interface in a way that could distort or impair consumers’ ability to make a free, autonomous and informed decision or choice. Measures shall inter alia include the obligation for traders to present the different options to consumers in an equivalent and non-preferential way. _________________ 24 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22). 25 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).