Activities of Kyriacos TRIANTAPHYLLIDES related to 2008/0196(COD)
Plenary speeches (1)
Consumer rights (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on consumer rights PDF (1 MB) DOC (1 MB)
Amendments (33)
Amendment 334 #
Proposal for a directive
Recital 36
Recital 36
(36) The application of a right of withdrawal may be inappropriate for certain services relating to accommodation, transport and leisure. The conclusion of the corresponding contracts implies the setting aside of capacity which, if a right of withdrawal was introduced, the trader may find difficult to fillIf performance begins during the withdrawal period, it would be unfair to allow the consumer to withdraw after the service has been partly or wholly provided to the consumer. Therefore, these distance contracts should not be covered by the provisions on consumer information and the right of withdrawal consumer should lose the right of withdrawal, when performance begins with his or her prior specific agreement in a durable medium.
Amendment 345 #
Proposal for a directive
Recital 40
Recital 40
(40) If the good is not in conformity with the contract, firstly, the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader's choicechoose between the reparation or replacement of the product, a price reduction or the cancellation of the contract, unless the trader proves that those remedies are unlawful, impossible or causes the trader disproportionate effort. The trader's effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity, the value of the goods and the significance of the lack of conformity. The lack of spare parts should not be a valid ground to justify the trader's failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort.
Amendment 352 #
Proposal for a directive
Recital 42
Recital 42
Amendment 541 #
Proposal for a directive
Article 4 – title
Article 4 – title
Amendment 546 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States may not, in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of consumer protection.
Amendment 590 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
c) the final price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, and all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;
Amendment 826 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The consumer shall have a period of fourteenthirty days to withdraw from a distance or off-premises contract, without giving any reason.
Amendment 838 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
In the case of an distance or off-premises contract, the withdrawal period shall begin from the day when the consumer signs the order form or in cases where the order form is not on paper, when the consumer receives a copy of the order form on another durable mediumor a third party other than the carrier and indicated by the consumer acquires material possession of the goods ordered. In the case of the supply of goods in several parts or pieces the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires material possession of the final part or final piece. The commencement of this period shall coincide chronologically with the moment in time when the risk is transferred to the consumer under Article 23 of this Directive.
Amendment 841 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
Amendment 848 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 3
Article 12 – paragraph 2 – subparagraph 3
In the case of a distance or off premises contract for the provision of services, the withdrawal period shall begin from the day of the conclusionreception by the consumer of a copy of the signed contract on a durable medium.
Amendment 863 #
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. Member States may, in order to ensure a higher degree of consumer protection, maintain or introduce under their national law withdrawal periods of longer duration than that specified in this Directive.
Amendment 874 #
Proposal for a directive
Article 13
Article 13
If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 10(1) and 11(4), the withdrawal period shall expire three months after the trader has fully performed his oapply for an indefinite period from the conclusion of ther contractual obligations.
Amendment 906 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The trader shall reimburse any payment received from the consumer within thirtyseven days from the day on which he receives the communication of withdrawal.
Amendment 920 #
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
The trader shall be charged for the cost of returning the goods unless the consumer has agreed to bear that cost.
Amendment 929 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
Amendment 967 #
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) services where performance has begun, with the consumer's prior express consent, on a durable medium before the end of the fourteenthirty day period referred to in Article 12;
Amendment 1113 #
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. Member States may, where necessary in order to ensure a high level of consumer protection, maintain or introduce under their national law provisions diverging from those laid down in Article 22.
Amendment 1139 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The trader shall deliver the goods in conformity with the sales contract. The trader shall be liable to the consumer if the goods do not meet the conditions stipulated in the contract.
Amendment 1164 #
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was aware, or should reasonably have been aware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer.
Amendment 1174 #
Proposal for a directive
Article 24 – paragraph 5 c (new)
Article 24 – paragraph 5 c (new)
5c. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1239 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The trader shall remedy the lack of conformity by either repair or replacement according to his choicefulfil his obligations in respect of the lack of conformity according to the consumer's choice, provided it is feasible and does not entail disproportionate costs for the trader.
Amendment 1258 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 2
Article 26 – paragraph 3 – subparagraph 2
The consumer may only rescind the contract if, except where the lack of conformity is not minor and does not affect the function of the good, its safety or appearance. Where the trader refuses to rescind the contract, the burden of proof shall lie with him.
Amendment 1261 #
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
Amendment 1300 #
Proposal for a directive
Article 26 – paragraph 5 c (new)
Article 26 – paragraph 5 c (new)
Amendment 1331 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within a specific period of time laid down by national legislation, which shall be of a duration of at least two years as from the time the risk passed to the consumer.
Amendment 1342 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within two yearshe period of time laid down in paragraph 1 as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replaced goods.
Amendment 1359 #
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 1376 #
Proposal for a directive
Article 28 – paragraph 5 d (new)
Article 28 – paragraph 5 d (new)
5d. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1398 #
Proposal for a directive
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
Amendment 1410 #
Proposal for a directive
Article 29 – paragraph 4 e (new)
Article 29 – paragraph 4 e (new)
4e. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1490 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall ensure that contract terms, as set out in the list in Annex II, are considered unfair in all circumstances. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40In order to ensure a higher level of consumer protection, Member States may maintain, or introduce in their national law provisions that any additional terms are considered unfair in all circumstances.
Amendment 1498 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
Member States shall ensure that contract terms, as set out in the list in point 1 of Annex III, are considered unfair, unless the trader has proved that such contract terms are fair in accordance with Article 32. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40. In order to ensure a higher level of consumer protection, Member States may maintain, or introduce in their national law, provisions that any additional terms are considered unfair in all circumstances.
Amendment 1549 #
Proposal for a directive
Annex 2 – paragraph 1 – point d b (new)
Annex 2 – paragraph 1 – point d b (new)
(db) excluding or hindering the consumer's right to instruct and authorise a third party to conclude a contract between the consumer and the trader and/or to take steps which are meant to lead to, or facilitate, the conclusion of a contract between the consumer and the trader