209 Amendments of Françoise CASTEX related to 2011/0284(COD)
Amendment 206 #
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal.
Amendment 208 #
Proposal for a regulation
Title
Title
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a Common European Sales Lawthe harmonisation of certain aspects of the obligation relating to the guarantee of conformity in connection with consumer sales contracts, related services and digital content
Amendment 209 #
Proposal for a regulation
Recital 1
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 ofOf 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 freedom to provide goods and services, and representgarded 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.
Amendment 210 #
Proposal for a regulation
Recital 2
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.
Amendment 211 #
Proposal for a regulation
Recital 3
Recital 3
Amendment 212 #
Proposal for a regulation
Recital 3 a (new)
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.
Amendment 213 #
Proposal for a regulation
Recital 4
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 prefer to shop domestically even if this means they have less choice or pay higher pricesotection will be ensured.
Amendment 214 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 215 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 216 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 217 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 218 #
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation establishes a Common European Sales Law. It harmonises the contract laws of the Member States not by requirDirective provides a minimum set of rules making up the legal framework for certaing amendmenspects tof the pre-existing national contract law, but by csale of consumer goods and digital content, legal obligations relating within each Member Stato 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.
Amendment 219 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 221 #
Proposal for a regulation
Recital 11
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.
Amendment 223 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 224 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 225 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 226 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 227 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 228 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to reflect the increasing importance of the digital economy, the scope of the Common European Sales Lawis 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. The Common European Sales Lawis Directive should therefore cover the supply of digital content irrespective of whether or not that content is supplied on a tangible medium.
Amendment 229 #
Proposal for a regulation
Recital 18
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 Lawprotection 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.
Amendment 230 #
Proposal for a regulation
Recital 18 a (new)
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.
Amendment 231 #
Proposal for a regulation
Recital 19
Recital 19
(19) With a view to maximising the added value of the Common European Sales Law its material scopupdating 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.
Amendment 234 #
Proposal for a regulation
Recital 20
Recital 20
(20) The Common European Sales Law should not cover any related contracts by which the buyer acquires goods or is supplShould the good, related service or digital content concerned not conform to the contract, consumers should be able to choose from the various remedieds with a service, from a third party. This would not be appropriate because the third party is not part of the agreement between the contracthich 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 parties to use the rules of the Common European Sales Law. A related contract with a third party should be governed by turchase price, withholding of the consumer's own performance, withdrawal from the contract, or damages. It should be possible, whe respective 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 relevant conflict of law rulemedies.
Amendment 235 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 236 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 237 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 238 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 239 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 240 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 241 #
Proposal for a regulation
Recital 27
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.
Amendment 242 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 243 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 244 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 245 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 246 #
Proposal for a regulation
Recital 32
Recital 32
Amendment 247 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 248 #
Proposal for a regulation
Recital 34
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 the Common European Sales Law or any other provision of this Regulationis 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.
Amendment 249 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 250 #
Proposal for a regulation
Recital 36
Recital 36
(36) Since the objective of this RegulationDirective, 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 Unionharmonising 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 RegulationDirective does not go beyond what is necessary in order to achieve that objective.
Amendment 251 #
Proposal for a regulation
Recital 37
Recital 37
(37) This RegulationDirective 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,
Amendment 254 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this RegulationDirective 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 ruleof new technologies, too, by harmonising certain aspects of the laws, regulations can be used for cross-border transactd 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 soMember 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.
Amendment 255 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 256 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. In relation to contracts between traders and consumers, this RegulationThis 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.
Amendment 257 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
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.
Amendment 258 #
Proposal for a regulation
Article 1 – paragraph 3 b (new)
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.
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 3 c (new)
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.
Amendment 260 #
Proposal for a regulation
Article 2 – point b
Article 2 – point b
Amendment 262 #
Proposal for a regulation
Article 2 – point c
Article 2 – point c
Amendment 263 #
Proposal for a regulation
Article 2 – point d
Article 2 – point d
Amendment 264 #
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) ‘trader’ means any natural or legal person who is actingperson 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;
Amendment 266 #
Proposal for a regulation
Article 2 – point f
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;
Amendment 268 #
Proposal for a regulation
Article 2 – point h
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 unlesselectricity shall be considered as goods where they are put up for sale in a limited volume or a set quantity;
Amendment 269 #
Proposal for a regulation
Article 2 – point j – introductory part
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:
Amendment 271 #
Proposal for a regulation
Article 2 – point j – point iv
Article 2 – point j – point iv
Amendment 272 #
Proposal for a regulation
Article 2 – point k
Article 2 – point k
Amendment 274 #
Proposal for a regulation
Article 2 – point m – introductory part
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:
Amendment 275 #
Proposal for a regulation
Article 2 – point m – point ii
Article 2 – point m – point ii
Amendment 276 #
Proposal for a regulation
Article 2 – point n
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 contenttrader who undertakes to provide a related service;
Amendment 277 #
Proposal for a regulation
Article 2 – point o
Article 2 – point o
Amendment 278 #
Proposal for a regulation
Article 2 – point p
Article 2 – point p
Amendment 279 #
Proposal for a regulation
Article 2 – point q
Article 2 – point q
Amendment 283 #
Proposal for a regulation
Article 2 – point r
Article 2 – point r
Amendment 284 #
Proposal for a regulation
Article 2 – point s
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 obligations 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;
Amendment 286 #
Proposal for a regulation
Article 2 – point s a (new)
Article 2 – point s a (new)
(sa) 'repair' means remedying a lack of conformity of goods or digital contents;
Amendment 287 #
Proposal for a regulation
Article 2 – point s b (new)
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;
Amendment 288 #
Proposal for a regulation
Article 2 – point t
Article 2 – point t
(t) ‘durable medium’ means any mediuminstrument which enables a partythe consumer or the trader to store information addressed personally to that partyto 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;
Amendment 289 #
Proposal for a regulation
Article 2 – point v
Article 2 – point v
Amendment 290 #
Proposal for a regulation
Article 2 – point w
Article 2 – point w
Amendment 291 #
Proposal for a regulation
Article 2 – point x
Article 2 – point x
Amendment 292 #
Proposal for a regulation
Article 2 – point y a (new)
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.
Amendment 293 #
Proposal for a regulation
Article 3
Article 3
Amendment 294 #
Proposal for a regulation
Article 4
Article 4
Amendment 296 #
Proposal for a regulation
Article 5
Article 5
Amendment 297 #
Proposal for a regulation
Article 6
Article 6
Amendment 300 #
Proposal for a regulation
Article 7
Article 7
Amendment 303 #
Proposal for a regulation
Article 8
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
Amendment 306 #
Proposal for a regulation
Article 9
Article 9
Amendment 307 #
Proposal for a regulation
Article 10
Article 10
Amendment 308 #
Proposal for a regulation
Article 11
Article 11
Amendment 310 #
Proposal for a regulation
Article 12
Article 12
Amendment 311 #
Proposal for a regulation
Article 13
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
Amendment 312 #
Proposal for a regulation
Article 14 – title
Article 14 – title
Communication of judgments applying this Regulation Directive
Amendment 313 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that final judgments of their courts applying the rules of this RegulationDirective are communicated without undue delay to the Commission.
Amendment 314 #
Proposal for a regulation
Article 15
Article 15
Amendment 315 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This RegulationDirective shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Amendment 316 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
Amendment 317 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Amendment 319 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16a Addressees This Directive is addressed to the Member States.
Amendment 321 #
Proposal for a regulation
Annex I – Title
Annex I – Title
Amendment 322 #
Proposal for a regulation
Annex I – Table of contents
Annex I – Table of contents
Table of contents deleted
Amendment 323 #
Proposal for a regulation
Annex I – Part I
Annex I – Part I
Part I deleted
Amendment 325 #
Proposal for a regulation
Annex I – Part II
Annex I – Part II
Part II deleted
Amendment 332 #
Proposal for a regulation
Annex I – Part III
Annex I – Part III
Part III deleted
Amendment 380 #
Proposal for a regulation
Annex I – Chapter 9
Annex I – Chapter 9
Chapter 9 deleted
Amendment 381 #
Proposal for a regulation
Annex I – Chapter 10 – title
Annex I – Chapter 10 – title
Amendment 382 #
Proposal for a regulation
Annex I – Article 91
Annex I – Article 91
Amendment 383 #
Proposal for a regulation
Annex I – Article 92
Annex I – Article 92
Amendment 384 #
Proposal for a regulation
Annex I – Article 93
Annex I – Article 93
Amendment 385 #
Proposal for a regulation
Annex I – Article 94
Annex I – Article 94
Amendment 386 #
Proposal for a regulation
Annex I – Article 95
Annex I – Article 95
Amendment 387 #
Proposal for a regulation
Annex I – Article 96
Annex I – Article 96
Amendment 388 #
Proposal for a regulation
Annex I – Article 97
Annex I – Article 97
Amendment 389 #
Proposal for a regulation
Annex I – Article 98
Annex I – Article 98
Amendment 390 #
Proposal for a regulation
Annex I – Chapter 10 – section 3 – title
Annex I – Chapter 10 – section 3 – title
Conformity ofwith the goods and digital contentcontract and consumer's remedies
Amendment 391 #
Proposal for a regulation
Annex I – Article 99 – paragraph 1 – introductory part
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:
Amendment 392 #
Proposal for a regulation
Annex I – Article 99 – paragraph 2
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).
Amendment 393 #
Proposal for a regulation
Annex I – Article 99 – paragraph 3
Annex I – Article 99 – paragraph 3
3. In a consumer sales contract, aAny 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.
Amendment 395 #
Proposal for a regulation
Annex I – Article 99 – paragraph 4
Annex I – Article 99 – paragraph 4
Amendment 397 #
Proposal for a regulation
Annex I – Article 100 – point f
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
Amendment 398 #
Proposal for a regulation
Annex I – Article 100 – point g
Annex I – Article 100 – point g
(g) possess such qualities and performance capabilities as the buyconsumer 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.
Amendment 399 #
Proposal for a regulation
Annex I – Article 101 – paragraph 2
Annex I – Article 101 – paragraph 2
Amendment 400 #
Proposal for a regulation
Annex I – Article 102
Annex I – Article 102
Amendment 401 #
Proposal for a regulation
Annex I – Article 103
Annex I – Article 103
Amendment 402 #
Proposal for a regulation
Annex I – Article 104
Annex I – Article 104
Amendment 404 #
Proposal for a regulation
Annex I – Article 105 – paragraph 1
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 14consumer.
Amendment 405 #
Proposal for a regulation
Annex I – Article 105 – paragraph 2
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 monthsone year of the time when risk passes to the buyconsumer 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.
Amendment 407 #
Proposal for a regulation
Annex I – Article 105 – paragraph 4
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.
Amendment 408 #
Proposal for a regulation
Annex I – Article 105 – paragraph 5
Annex I – Article 105 – paragraph 5
Amendment 409 #
Proposal for a regulation
Annex I – Article 106 – title
Annex I – Article 106 – title
The buyer's remedies Remedies
Amendment 411 #
Proposal for a regulation
Annex I – Article 106 – paragraph 1 – introductory part
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 buyconsumer may do any of the following:
Amendment 412 #
Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point a
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;
Amendment 413 #
Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point b
Annex I – Article 106 – paragraph 1 – point b
(b) withhold the buyer's own performance under Section 4 of this Chapter;
Amendment 414 #
Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point c
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;
Amendment 415 #
Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point d
Annex I – Article 106 – paragraph 1 – point d
(d) reduce the price under Section 6 of this Chapter; and
Amendment 416 #
Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point e
Annex I – Article 106 – paragraph 1 – point e
(e) claim damages under Chapter 16.
Amendment 417 #
Proposal for a regulation
Annex I – Article 106 – paragraph 2
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 performanccase 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.
Amendment 422 #
Proposal for a regulation
Annex I – Article 106 – paragraph 3
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 applyRemedies which are not incompatible may be cumulated.
Amendment 424 #
Proposal for a regulation
Annex I – Article 106 – paragraph 4
Annex I – Article 106 – paragraph 4
4. If the seller's non-performance is excused, the buyer mayThe 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
Amendment 427 #
Proposal for a regulation
Annex I – Article 106 – paragraph 5
Annex I – Article 106 – paragraph 5
Amendment 429 #
Proposal for a regulation
Annex I – Article 106 – paragraph 6
Annex I – Article 106 – paragraph 6
Amendment 430 #
Proposal for a regulation
Annex I – Article 107
Annex I – Article 107
Amendment 431 #
Proposal for a regulation
Annex I – Article 108
Annex I – Article 108
Amendment 432 #
Proposal for a regulation
Annex I – Chapter 11 – section 2 – title
Annex I – Chapter 11 – section 2 – title
Section 2: Cure by the seller Section 2: Cure by the service provider
Amendment 433 #
Proposal for a regulation
Annex I – Article 109 – paragraph 1
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.
Amendment 435 #
Proposal for a regulation
Annex I – Article 109 – paragraph 2
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.
Amendment 437 #
Proposal for a regulation
Annex I – Article 109 – paragraph 3
Annex I – Article 109 – paragraph 3
Amendment 442 #
Proposal for a regulation
Annex I – Article 109 – paragraph 4 – introductory part
Annex I – Article 109 – paragraph 4 – introductory part
4. The buyconsumer may refuse an offer to cure only if:
Amendment 443 #
Proposal for a regulation
Annex I – Article 109 – paragraph 4 – point a
Annex I – Article 109 – paragraph 4 – point a
(a) cure cannot be effected promptly and without significant inconvenience to the buyconsumer;
Amendment 444 #
Proposal for a regulation
Annex I – Article 109 – paragraph 4 – point b
Annex I – Article 109 – paragraph 4 – point b
(b) the buyconsumer has reason to believe that the sellrvice provider's future performance cannot be relied on; or
Amendment 445 #
Proposal for a regulation
Annex I – Article 109 – paragraph 5
Annex I – Article 109 – paragraph 5
5. The seller has a reasonable period of timervice provider has 30 days to effect cure.
Amendment 447 #
Proposal for a regulation
Annex I – Article 109 – paragraph 6
Annex I – Article 109 – paragraph 6
Amendment 450 #
Proposal for a regulation
Annex I – Article 109 – paragraph 7
Annex I – Article 109 – paragraph 7
7. Notwithstanding cure, the buyconsumer retains the right to claim damages for delay as well as for any harm caused or not prevented by the cure.
Amendment 451 #
Proposal for a regulation
Annex I – Article 111 – paragraph 1 – introductory part
Annex I – Article 111 – paragraph 1 – introductory part
1. Where, in a consumer salesIf the good or the digital content is not in conformity with the contract, the trader isconsumer may required to remedy a lack of conformity pursuant to Article 110(2) the consumer mafree 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:
Amendment 454 #
Proposal for a regulation
Annex I – Article 111 – paragraph 2
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.
Amendment 455 #
Proposal for a regulation
Annex I – Article 112
Annex I – Article 112
Amendment 456 #
Proposal for a regulation
Annex I – Article 113
Annex I – Article 113
Amendment 458 #
Proposal for a regulation
Annex I – Article 114 – paragraph 1
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.
Amendment 459 #
Proposal for a regulation
Annex I – Article 114 – paragraph 2
Annex I – Article 114 – paragraph 2
2. In a consumer sales contract andf the customer terminates a contract for the supply of digital content between a trader and a consumer, where there is a non-performance becausewhich was not concluded in exchange for monetary consideration on the goorounds dof not nconform toity, the contract, the consumer may terminate the contract unless the lack of conformity is insignificantustomer's personal data shall automatically be erased and the customer shall be informed of that erasure.
Amendment 460 #
Proposal for a regulation
Annex I – Article 115
Annex I – Article 115
Amendment 461 #
Proposal for a regulation
Annex I – Article 116
Annex I – Article 116
Amendment 462 #
Proposal for a regulation
Annex I – Article 117
Annex I – Article 117
Amendment 463 #
Proposal for a regulation
Annex I – Article 118
Annex I – Article 118
A right to terminate under this Section is exercised by notice to the seller.rticle 118 deleted Notice of termination
Amendment 464 #
Proposal for a regulation
Annex I – Article 119
Annex I – Article 119
Amendment 467 #
Proposal for a regulation
Annex I – Article 120
Annex I – Article 120
Amendment 468 #
Proposal for a regulation
Annex I – Article 121
Annex I – Article 121
Amendment 469 #
Proposal for a regulation
Annex I – Article 122
Annex I – Article 122
Amendment 470 #
Proposal for a regulation
Annex 1 – Chapter 12
Annex 1 – Chapter 12
Chapter 12 deleted
Amendment 471 #
Proposal for a regulation
Annex I – Chapter 13
Annex I – Chapter 13
Chapter 13 deleted
Amendment 472 #
Proposal for a regulation
Annex I – Article 140
Annex I – Article 140
Amendment 473 #
Proposal for a regulation
Annex I – Article 141
Annex I – Article 141
Amendment 474 #
Proposal for a regulation
Annex I – Article 141 a (new)
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.
Amendment 475 #
Proposal for a regulation
Annex I – Article 142 – paragraph 1
Annex I – Article 142 – paragraph 1
Amendment 476 #
Proposal for a regulation
Annex I – Article 142 – paragraph 3
Annex I – Article 142 – paragraph 3
Amendment 477 #
Proposal for a regulation
Annex I – Article 142 – paragraph 4
Annex I – Article 142 – paragraph 4
Amendment 478 #
Proposal for a regulation
Annex I – Article 142 – paragraph 5
Annex I – Article 142 – paragraph 5
Amendment 479 #
Proposal for a regulation
Annex I – Article 142 a (new)
Annex I – Article 142 a (new)
Amendment 480 #
Proposal for a regulation
Annex I – Article 143
Annex I – Article 143
Amendment 481 #
Proposal for a regulation
Annex I – Article 144
Annex I – Article 144
Amendment 482 #
Proposal for a regulation
Annex I – Article 145
Annex I – Article 145
Amendment 483 #
Proposal for a regulation
Annex I – Article 146
Annex I – Article 146
Amendment 484 #
Proposal for a regulation
Annex I – Article 147
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
Amendment 485 #
Proposal for a regulation
Annex I – Article 148 – paragraph 4
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).
Amendment 486 #
Proposal for a regulation
Annex I – Article 148 – paragraph 5
Annex I – Article 148 – paragraph 5
Amendment 487 #
Proposal for a regulation
Annex I – Article 149 – subparagraph 1 a (new)
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.
Amendment 488 #
Proposal for a regulation
Annex I – Article 150 – paragraph 1 a (new)
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.
Amendment 489 #
Proposal for a regulation
Annex I – Article 150 – paragraph 3
Annex I – Article 150 – paragraph 3
Amendment 490 #
Proposal for a regulation
Annex I – Article 151
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 custoonsumer with an invoice which explains, in a clear and intelligible way, how the price was calculated.
Amendment 491 #
Proposal for a regulation
Annex I – Article 152 – paragraph 1 – introductory part
Annex I – Article 152 – paragraph 1 – introductory part
1. The service provider must warn the custoonsumer and seek the consent of the customer to proceedonsumer 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:
Amendment 492 #
Proposal for a regulation
Annex I – Article 152 – paragraph 1 – point a
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 custoonsumer; or
Amendment 493 #
Proposal for a regulation
Annex I – Article 152 – paragraph 2
Annex I – Article 152 – paragraph 2
2. A service provider who fails to obtain the consent of the custoonsumer 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.
Amendment 495 #
Proposal for a regulation
Annex I – Article 153
Annex I – Article 153
Amendment 496 #
Proposal for a regulation
Annex I – Article 154
Annex I – Article 154
Amendment 497 #
Proposal for a regulation
Annex I – Article 155 – title
Annex I – Article 155 – title
Remedies of the custoonsumer
Amendment 498 #
Proposal for a regulation
Annex I – Article 155 – paragraph 1 – introductory part
Annex I – Article 155 – paragraph 1 – introductory part
1. In the case of non-performance of an obligationfailure by the service provider, the customer has, with the adaptations set out in this Article, the same remedies as are provided for the buyer in Chapter 11, namelyo perform an obligation in accordance with the contract, the consumer has the following remedies:
Amendment 499 #
Proposal for a regulation
Annex I – Article 155 – paragraph 2
Annex I – Article 155 – paragraph 2
2. Without prejudice to paragraph 3, the custoonsumer's remedies are subject to a right of the service provider to cure whether or not the customer is a consumpursuant to Article [...] (cure by the seller).
Amendment 501 #
Proposal for a regulation
Annex I – Article 155 – paragraph 3
Annex I – Article 155 – paragraph 3
3. In the case of incorrect installation under a consumer sales contract as referred to in Article 101as 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.
Amendment 503 #
Proposal for a regulation
Annex I – Article 155 – paragraph 4
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.
Amendment 504 #
Proposal for a regulation
Annex I – Article 155 – paragraph 5
Annex I – Article 155 – paragraph 5
Amendment 507 #
Proposal for a regulation
Annex I – Article 155 – paragraph 5 a (new)
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.
Amendment 508 #
Proposal for a regulation
Annex I – Article 156
Annex I – Article 156
Amendment 509 #
Proposal for a regulation
Annex I – Article 157
Annex I – Article 157
Amendment 510 #
Proposal for a regulation
Annex I – Article 158 – title
Annex I – Article 158 – title
Custoonsumer's right to decline performance
Amendment 511 #
Proposal for a regulation
Annex I – Article 158 – paragraph 1
Annex I – Article 158 – paragraph 1
1. The custoonsumer may at any time give notice to the service provider that performance, or further performance of the related service is no longer required.
Amendment 512 #
Proposal for a regulation
Annex I – Article 158 – paragraph 2
Annex I – Article 158 – paragraph 2
Amendment 513 #
Proposal for a regulation
Annex I – Article 158 – paragraph 2 – point b
Annex I – Article 158 – paragraph 2 – point b
(b) the custoonsumer, 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.
Amendment 514 #
Proposal for a regulation
Annex I – Article 158 a (new)
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.
Amendment 515 #
Proposal for a regulation
Annex I – Article 158 b (new)
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.
Amendment 516 #
Proposal for a regulation
Annex I – Article 158 c (new)
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.
Amendment 517 #
Proposal for a regulation
Annex I – Article 158 d (new)
Annex I – Article 158 d (new)
Amendment 518 #
Proposal for a regulation
Annex I – Article 158 e (new)
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 [...].
Amendment 519 #
Proposal for a regulation
Annex I – Chapter 16 – section 1
Annex I – Chapter 16 – section 1
Chapter 16, section 1 deleted
Amendment 520 #
Proposal for a regulation
Annex I – Chapter 16 – section 2
Annex I – Chapter 16 – section 2
Chapter 16, section 2 deleted
Amendment 521 #
Proposal for a regulation
Annex I – Chapter 16 – section 3
Annex I – Chapter 16 – section 3
Chapter 16, section 3 deleted
Amendment 522 #
Proposal for a regulation
Annex I – Chapter 17
Annex I – Chapter 17
Chapter 17 deleted
Amendment 523 #
Proposal for a regulation
Annex I – Chapter 18
Annex I – Chapter 18
Chapter 18 deleted
Amendment 529 #
Proposal for a regulation
Annex I – Appendix 1
Annex I – Appendix 1
Annex 1, Appendix 1 deleted
Amendment 530 #
Proposal for a regulation
Annex I – Appendix 2
Annex I – Appendix 2
Amendment 531 #
Proposal for a regulation
Annex II
Annex II
Annex II deleted