BETA

15 Amendments of Eija-Riitta KORHOLA related to 2008/0196(COD)

Amendment 263 #
Proposal for a directive
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.
2010/10/25
Committee: IMCO
Amendment 292 #
Proposal for a directive
Recital 16
(16) The definition of durable medium should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of the computer on which the electronic mail or a pdf file is storedfiles saved in unmodifiable form are stored for future reference. Internet sites as such should not be regarded as durable media unless such sites meet the criteria specified above.
2010/10/25
Committee: IMCO
Amendment 429 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – introductory part
(4) "goods" means any tangible movaor intangible item, with the exception of:
2010/10/25
Committee: IMCO
Amendment 465 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a
(a) any sales or service contract concluded: -during an excursion organised by the trader away from his business premises with the simultaneous physical presenc, or -during a visit by a trader to the consumer's home ofr the tradero that of and other consumer or any sales or service contract fto the consumer's place of work which an offer was made by the consumer in the same circumstances, orere the visit does not take place at the express request of the consumer.
2010/10/25
Committee: IMCO
Amendment 475 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point b
(b) any sales or service contract concluded on business premises but negotiated away from business premises, with the simultaneous physical presence of the trader and the consumer;contract for the supply of goods or services other than those concerning which the consumer requested the visit of the trader,
2010/10/25
Committee: IMCO
Amendment 476 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point b a (new)
This definition (Art 2-parag 1- point 8-subpoints a, b, c and d) would exclude renovations and other such services, where a consumer has invited a trader (ba) any sales or service contract in respect of which an offer was made by the consumer under conditions similar to thomse to estimate and plan a renovation and the contract has been concluded there, fromdescribed in subparagraph a or subparagraph b although the scope of "off-premises contract". It wnsumer was not boulnd be unreasonable to apply here withdrawal rights etc that otherwise are applied in off-premises contracts.y that offer before its acceptance by the trader. Or.enJustification
2010/10/25
Committee: IMCO
Amendment 477 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point b b(new)
This definition (Art 2-parag 1- point 8-subpoints a, b, c and d) would exclude renovations and other such services, where a consumer has invited a trader (bb) any offer made contractually by the consumer under conditions similar to thomse to estimate and plan a renovation and the contract has been concluded there, fromdescribed in subparagraph a or subparagraph b where the scope of "off-premises contract". It wnsumer is boulnd be unreasonable to apply here withdrawal rights etc that otherwise are applied in off-premises contracts.y his offer. Or.enJustification
2010/10/25
Committee: IMCO
Amendment 533 #
Proposal for a directive
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.
2010/10/25
Committee: IMCO
Amendment 658 #
Proposal for a directive
Article 5 – paragraph 1 – point i a (new)
(ia) the application of technical protection measures for digital products, where applicable;
2010/10/25
Committee: IMCO
Amendment 659 #
Proposal for a directive
Article 5 – paragraph 1 – point i b (new)
(ib) the compatibility of digital products with hardware and software according to what the trader is aware of or can reasonably have been aware of, including any lack of compatibility;
2010/10/25
Committee: IMCO
Amendment 1039 #
Proposal for a directive
Article 20 – paragraph 1 – point d a (new)
(da) for the provision of transport services.
2010/10/25
Committee: IMCO
Amendment 1111 #
Proposal for a directive
Article 22 – paragraph 2 a (new)
2a. If the contract concerns goods to be manufactured or acquired especially for the consumer, in accordance with his instructions or wishes, and the trader cannot use the goods in some other way without incurring a significant loss, the consumer may rescind the contract on account of a delay on the part of the trader only if from his point of view the purpose of the contract is essentially unattainable on account of the delay. This shall be without prejudice to the right of the consumer to claim damages.
2010/10/25
Committee: IMCO
Amendment 1125 #
Proposal for a directive
Article 23 – paragraph 2
2. The risk referred to in paragraph 1 shall pass to the consumer at the time of delivery as agreed by the parties, if the consumer or a third party, otherIf the consumer does not in sufficient time collect or take delivery of goods which are being held at his disposal, the consumer shall bear the risk thant the carrier and indicated by the consumer has failed to take reasonable steps to acquire the material possession of the goodsgoods may deteriorate on account of their natural characteristics after the trader has done what delivery of the goods requires of him.
2010/10/25
Committee: IMCO
Amendment 1129 #
Proposal for a directive
Article 23 – paragraph 2 a (new)
2a. If, because the consumer reports a lack of conformity, goods are returned to the trader for inspection or correction of the nonconformity, the trader shall bear the risk in respect of the goods until the goods are delivered back to the consumer.
2010/10/25
Committee: IMCO
Amendment 1533 #
Proposal for a directive
Article 46 – paragraph 2 b (new)
2b. Information requirements 1. Member States shall communicate the following information to the Commission: (a) the text of any additional information requirements which Member States adopt or maintain pursuant to Article 5(3)(b) and (c); (b) the text of any diverging provisions of national law which Member States adopt or maintain pursuant to Article 22(2)(a); (c) the text of any diverging provisions of national law which Member States adopt or maintain pursuant to Article 26(5)(b) and Article 28(5)(a); (d) the text of any additional contract terms designated by Member States, pursuant to Article 34(1)(a), as unfair in all circumstances; (e) the text of any additional contract terms designated by Member States, pursuant to Article 35(1)(a), as terms presumed to be unfair; 2. The Commission shall ensure that the details referred to in paragraph 1 are easily accessible to consumers and traders, e.g. on a website.
2010/10/25
Committee: IMCO