Activities of Antolín SÁNCHEZ PRESEDO related to 2011/0284(COD)
Shadow opinions (1)
OPINION Proposal for a regulation of the European Parliament and of the Council on a Common European Sales Law
Amendments (7)
Amendment 16 #
Proposal for a regulation
Article 13 – introductory part
Article 13 – introductory part
A Member State may decide to make the Common European Sales Law available as an optional instrument for:
Amendment 17 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14a Toolbox By ... [1 year after the date of application of this Regulation], the Commission shall present a comprehensive 'toolbox' to complement the Common European Sales Law. That toolbox shall at least include a model contract with standard terms and conditions under the Common European Sales Law and information on how this Regulation interacts with Directive XXX/XXXX/EU of the European Parliament and of the Council of ... on alternative dispute resolution for consumers1 and Regulation (EU) No YYYY/YYYY of the European Parliament and of the Council of ... on online dispute resolution for consumer disputes2. __________________ 1 OJ L ... 2 OJ L ...
Amendment 19 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
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, assessing in particular on the level of acceptance of the Common European Sales Law, whether it has resulted in reduced transaction costs, 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.
Amendment 20 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
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. The review shall, in particular, assess whether the application of the Common European Sales Law has helped to increase consumer confidence in cross-border trade and to reduce transaction costs. It shall also evaluate the impact on vulnerable consumers, and shall assess the extent to which the exceptions from the scope of the Common European Sales Law (such as issues relating to legal capacity, representation or transfer of ownership) have undermined the expected results. Furthermore, in order to maintain the high level of consumer protection under the Common European Sales Law, the report shall take due account of any changes made in the interim to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights1. __________________ 1 OJ L 304, 22.11.2011, p. 64.
Amendment 21 #
Proposal for a regulation
Annex 1 – Article 1 – paragraph 2
Annex 1 – Article 1 – paragraph 2
Amendment 22 #
Proposal for a regulation
Annex I – Article 4 – paragraph 2
Annex I – Article 4 – paragraph 2
2. Issues within the scope of the Common European Sales Law but not expressly settled by it are to be settled in accordance with the objectives and the principles underlying it and all its provisions, without recourse to the national law that would be applicable in the absence of an agreement to use the Common European Sales Law or to any other law.
Amendment 27 #
Proposal for a regulation
Annex 1 – Article 79 – paragraph 2
Annex 1 – Article 79 – paragraph 2
2. Where the contract can be maintained without the unfair contract term, the other contract terms remain binding on the party which has supplied the unfair contract term.