19 Amendments of Christel SCHALDEMOSE related to 2008/0196(COD)
Amendment 217 #
Proposal for a directive
Recital 2
Recital 2
(2) Those Directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules, removing inconsistencies and closing unwanted gaps in the rules. That review has shown that it is appropriate to replace those four Directives by this single Directive. This Directive should accordingly lay down standard rules for the common aspects and move away from the minimum harmonisation approach in the former Directives under whichwhile allowing Member States couldto maintain or adopt stricter national rules providing for a higher level of consumer protection.
Amendment 232 #
Proposal for a directive
Recital 8
Recital 8
Amendment 237 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The new definition of consumer should encompass situations in which a consumer buys a good or contracts a service partly for personal and partly for professional purposes (mixed purposes). Many Member States have chosen to apply consumer protection rules to other persons or entities such as NGO’s, start up business or small enterprises that are in a similar position as consumers in terms of lack of bargaining power and expertise. As a consequence, it is necessary to allow Member States to maintain or extend the protective rules to other legal or natural persons that are not consumers.
Amendment 238 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) Nowadays more and more goods are purchased or downloaded in an intangible digital format. Therefore it is necessary to include intangible goods within the definition of “goods”. This will ensure that consumers are equally protected when buying both online and off-line.
Amendment 239 #
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) The definition of goods should encompass water, gas and electricity. The inclusion of these sectors in the scope of the directive is necessary in a context where traditional public monopolies are dismantled with the private sector entering these sectors.
Amendment 263 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Gambling activities, including lottery and betting transactions, should be excluded from the scope of this Directive in view of the very specific nature of these activities which entail implementation by the Member States of other and more stringent consumer protection measures.
Amendment 282 #
Proposal for a directive
Recital 15
Recital 15
(15) Business premises should include premises in whatever form (such as shops or lorries) which serve as a permanent place of business for the trader. Market stalls and fair stands should be treated as business premises even though they may be used by the trader on a temporary basis. Other premises which are rented for a short time only and where the trader is not established (such as hotels, restaurants, conference centres, cinemas rented by traders who are not established there) should not be regarded as business premises. Similarly, all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises.
Amendment 319 #
Proposal for a directive
Recital 27
Recital 27
(27) If the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off- premises contract, the withdrawal period should be extended. However, in order to ensure legal certainty over time, a three- month limitation period should be introduced, provided that the trader has fully performed his contractual obligations. The trader should be regarded as having fully performed his obligations when he has delivered the goods or has fully provided the services ordered by the consumer to one year. However, Member States should be allowed to maintain or extend the minimum one-year period.
Amendment 326 #
Proposal for a directive
Recital 31
Recital 31
(31) Some consumers exercise their right of withdrawal after having used the goods to an extent more than necessaryIn order to ascertain the nature and functioning of thea good. In this case, the consumer should be liable for any diminished value of the goods. In order to ascertato inspect and test the goods during the nature and functioncooling -of a good, tf period. The consumer should only handnot be liable for try it in the same manner as he would be allowed to do in a shop. For example, the consumer should only try on a garment and should not be allowed to wear itdamage to the good provided he used reasonable care to prevent such damage. In services contracts the consumer should also be able to exercise the right of withdrawal. In order to ensure the effectiveness of the withdrawal right in service contracts, in particular for non- urgent renovation works for which consumers may be subject to high pressure selling at their homes followed by the immediate performance of the service before the expiration of the withdrawal period, consumers should bear no cost for such a service.
Amendment 348 #
Proposal for a directive
Recital 40
Recital 40
(40) If the good is not in conformity with the contract, firstly, the consumer should always have the possibility to require the trader to repair the goods or to replace them at the trader's choice 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 effortchoose between different remedies granted by this directive. The consumer should be entitled to require the trader to repair the goods or to replace them, have the price reduced or the contract rescinded.
Amendment 374 #
Proposal for a directive
Recital 47
Recital 47
(47) Consumer contracts should be drafted in plain, intelligible language and, be legible. Traders should be free to choose the font type or siz and easily and permanently accessible in the language in which the contract terms are draftis concluded. The consumer should be given an opportunity to read the terms before concluding the contract. This opportunity could be given to the consumer by providing him with the terms on request (for on-premises contracts) or making those terms otherwise available (e.g.where a consumer reasonably expects to find them (e.g. clearly placed on the trader's website in respect of distance contracts) or attaching standard terms to the order form (in respect of off-premises contracts). The trader should seek the consumer's prior and express consent to any payment in addition to the remuneration for the trader's main contractual obligation. Inferring consent by using opt-out systems, such as pre-ticked boxes online should be prohibited.
Amendment 379 #
Proposal for a directive
Recital 50
Recital 50
(50) In order to ensure legal certainty and improve the functioning of the internal market, the Directive should contain two non-exhaustive lists of unfair terms. Annex II contains a list of terms which should in all circumstances be considered unfair. Annex III contains a list of terms which should be deemedpresumed to be unfair unless the trader proves otherwise. These same lists should apply in all Member States.
Amendment 383 #
Proposal for a directive
Recital 52
Recital 52
Amendment 387 #
Proposal for a directive
Recital 53
Recital 53
Amendment 533 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. This directive shall not apply to gambling activities, which involve wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions.
Amendment 540 #
Proposal for a directive
Article 4 – title
Article 4 – title
Amendment 545 #
Proposal for a directive
Article 4 – paragraph 1 and paragraph 1 a (new)
Article 4 – paragraph 1 and paragraph 1 a (new)
1. Member States may not maintain or introduce, in their national laws, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of as long as they guarantee a higher degree of consumer protection. 1a. The rights resulting from this Directive shall be exercised without prejudice to the provisions of another Community act governing consumer protection.
Amendment 1134 #
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article 23a Duration of contracts 1. Without prejudice to national law on unfair terms, contracts concluded with consumers shall not stipulate an initial commitment period that exceeds 12 months 2. After the elapse of the 12 month-period consumers can terminate the contract at any time. Termination can be subject to a previous notice that cannot exceed 2 months.
Amendment 1135 #
Proposal for a directive
Article 23 f (new)
Article 23 f (new)
Means of payment 1. Traders shall offer consumers at least one means of payment free of charge. 2. Member States shall prohibit traders to charge consumers with fees that exceed the cost born by the trader for the use of such means.