BETA

140 Amendments of Kurt LECHNER

2011/2037(INI)

Motion for a resolution
Paragraph 5

5. Agrees with the Commission on the principle that an audit report's conclusions should focus on substance over form. As a consequence, conclusions need to be clear and concise and should address all issues being part of the legal mission of the auditor;

2011/03/28
Committee: JURI

2011/2037(INI)

Motion for a resolution
Paragraph 11

11. ~~Agrees that there is an inevitable conflict in~~Recognises that in order to avoid conflict risk due to the auditor being appointed and paid by the audited entity~~; nevertheless,~~, the current EU Audit Directive lays down the principle that statutory auditors are appointed by the general assembly and that for public interest entities the audit committee recommends the statutory auditor; therefore does not currently see any justification for this appointment to be made by a third party; with this in mind, calls for the audit committee's role to be strengthened and calls on the Commission for appropriate proposals in that sense;

2011/03/28
Committee: JURI

2011/2037(INI)

Motion for a resolution
Paragraph 12

12. ~~Believ~~Agrees that, in order to guarantee the independence of audits, auditing contracts should run for no longer than eight years; takes the view that an initial contract should be concluded for four years, renewable only once for a further period of four years, followed by a per the independence of the auditor is of paramount importance; believes that audit committees have an important oversight role in ensuring that the auditor remains independent and asks the Commission to provide guidance to assist audit committees in this respect; believes that the internal rotatiodn of at least four years – eight years for public interest entities – during which the audit firm concerned cannot audit the same company again; considers that there would be a need, at the end of the initial four-year period, for a new team to be appointed from within theudit partners as currently enshrined in the EU Audit Directive for public interest entities is an appropriate mechanism to ensure auditor independence. Scientific studies give evidence to increased cost for audited companies and a steep decrease of audit quality in the case of the rotation of the audit firm due to a loss of institutional knowledge about the audited entity. It can be expected that external rotation will also negatively impact the market position of smaller and medium sized audit firms;

2011/03/28
Committee: JURI

2011/2037(INI)

Motion for a resolution
Paragraph 14

14. Takes the view that there should be a ban on services other than auditing being provided to the audited company, as this would pose a risk to the auditor's independence; takes the view, furthermore, that under no circumstances should internal and external auditing services be provided simultaneously; points out that this would restrict ‘lowballAgrees that auditor independence should not be compromised by the provision of services other than auditing being provided to the audited company by the auditor; acknowledges that the principles generally applied internationally by audit firms in respect of public interest entities are considerably more restrictive than required by EU law; asks the Commission to bring forward proposals to require that these restrictions apply to public interest entities; recognizes that the provision of services other than auditing’, twhe ~~practice of offering cut- price auditing with a view to obtaining compensation by charging for additional services; therefore takes the view that the ban must apply to all firms~~re not incompatible with auditor independence, can be an essential element to provide high quality audits in a complex business environment via a broadened skill set. Sees in particular in the area of small and medium sized businesses an expectation that the statutory auditor is a partner for business who can also give advice on taxation and otheir ~~clients, particularly where major audit firms are concerned;~~ issues. Recognizes that audit's high quality standards, when applied to other services contribute to the trust in the financial transactions and financial markets;

2011/03/28
Committee: JURI

2011/2037(INI)

Motion for a resolution
Paragraph 18

18. Believes that as service providers which rely on human assets (auditors) rather than financial assets, audit firms are not interconnected and an audit firm failure would not create any domino effect with the rest of the economy. Takes the view that firms that are deemed ‘too big to fail’ could create the risk of moral hazard and that the contingency plans relating to the major auditing firms should be reinforced; believes, furthermore, that these plans should be designed to minimise the risk of an audit firm leaving the market without good reason and reduce the uncertainty and disruption that would cause~~, whilst ensuring that the market does not end up being dominated by an even tighter oligopoly;~~ ;

2011/03/28
Committee: JURI

2011/2037(INI)

Motion for a resolution
Paragraph 19

19. Takes the view that the contingency plans are an important element to prevent an unorderly dissolution of a firm. Such plans ought to include a mechanism via which the regulator is informed of any problems threatening an audit firm nationally or internationally, these plans being designed to stabilise audit firms and prevent a sudden collapse resulting from an exodus of clients and staff whilst an investigation is ongoing; takes the view that there should be an objective study of the causes of the problem, irrespective of the penalties imposed, establishing whein order to allow the regulators to play their ~~the p~~roblems are intrinsic to the audit firm concerned or whether the firm can be rescued either in part or entirely; takes the view that there should also be a response plan in which the regulator establishes whether, and under which conditions, the audit firm should continue to receive aid; takes the view that, where necessary, the plan should provide for the orderly transfer of clients and staff to other audit firms and handle these situations with due care;

2011/03/28
Committee: JURI

2011/2037(INI)

Motion for a resolution
Paragraph 20

20. C~~onsiders that there is a need to create, or encourage~~alls on the Commission to create a level playing field for competition in the audit market and to reduce complexity in the cregulation of, a ~~voluntary code of ethics for the Big Four firms, encourag~~uditing from a European perspective. Easier market access and the removal of market entry barriers are key elements to have a greater number of players and notably of larger players ing the~~m to restrict their own growth, thereby protecting the development of medium-sized audit firms, which would ultimately also be beneficial for the survival of the major firms themselve~~ audit market. Considers that audit committees are best placed to select and monitor the effectiveness and quality of the audit to best meet the audited entity’s needs, and that it is inappropriate to artificially influence the audit market via regulatory interventions;

2011/03/28
Committee: JURI

2011/2037(INI)

Motion for a resolution
Paragraph 22

22. ~~Calls~~Recognises the importance of the role onf the ~~Commissi~~audit committee in mon ito bring in a system of compulsory tendering on a periodic basis for public interest entities, under which at least one non-Big Four company would have to be included; takes the view that the audit committee must be given a key role in this process, in which shareholders must also take partthe effectiveness of the external auditor and the audit process; calls on the Commission to review audit committee practices with regard to tendering processes with a particular view on aspects of administrative burdens associated with a formal tendering process. Encourages the Commission to include the results of an annual discussion of the auditor selection in an audit committee report to the shareholder assembly;

2011/03/28
Committee: JURI

2011/0062(COD)

Proposal for a directive
Recital 25

(25) A negative creditworthiness assessment should ~~indicate to the creditor that the consumer is unable to afford the credit and as a consequence, the creditor should not grant the credit~~mean that the credit will be granted only in exceptional circumstances. This should be documented by the supervisory authority for auditing purposes. Such a negative outcome may derive from a wide range of reasons, including but not limited to the consultation of a database or a negative credit score. A positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit.

2011/10/27
Committee: IMCO

2011/0062(COD)

Proposal for a directive
Article 3 – paragraph 1 – point k

(k) 'Total cost of the credit to the consumer' means the total cost of the credit to the consumer as defined in Article 3(g) of Directive 2008/48/EC, with the exception of costs incurred in securing the credit against real property.

2011/10/27
Committee: IMCO

2011/0062(COD)

Proposal for a directive
Article 3 – paragraph 1 – point n a (new)

(na) 'Fixed borrowing rate' means a single fixed borrowing rate applicable for the entire life or part of the life of the credit agreement.

2011/10/27
Committee: IMCO

2011/0062(COD)

Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1

Member States shall ensure that the creditor and, where applicable, the credit intermediary, without undue delay after the consumer has given the necessary information on his needs, financial situation and preferences in accordance with Article 14, provides the consumer with the personalised information needed to compare the credits available on the market, assess their implications and take an informed decision on whether to conclude a credit agreement. Member States may stipulate that consumers should be afforded this scope to weigh up their decision through the granting of a statutory or contractual right of withdrawal pursuant to the provisions of Directive 2008/48/EC. Such information, on paper or on another durable medium, shall be provided by means of the European Standardised Information Sheet ('ESIS'), as set out in Annex II.

2011/10/27
Committee: IMCO

2011/0062(COD)

Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1

Member States may provide that the exercise of the right referred to in paragraph 1 is subject to certain conditions. Such conditions may include time limitations on the exercise of the right, different treatment depending on the type of the borrowing rate, or restrictions with regard to the circumstances under which the right may be exercised. Member States may also provide that the creditor should be entitled to fair and objectively justified compensation for potential costs directly linked to early repayment of the credit. In any event, if the early repayment falls within a period for which the borrowing rate is fixed, either when a credit agreement is concluded or at a later juncture, exercise of the right may be made subject to the existence of a special interest on the part of the consumer.

2011/10/27
Committee: IMCO

2009/0157(COD)

Proposal for a regulation
Recital 8

(8) The scope of this Regulation should include all questions arising in civil law in connection with succession to the estates of deceased persons, namely all forms of trans~~fer of property~~mission of assets, rights and obligations as a result of death, be it by voluntary transfer, transfer in accordance with a will or an agreement as to succession, or a legal transfer of property as a result of death.

2011/07/01
Committee: JURI

2009/0157(COD)

Proposal for a regulation
Recital 12

(12) In view of the increasing mobility of European citizens and in order to encourage good administration of justice within the European Union and to ensure that a genuine connecting factor exists between the succession and the Member State exercising jurisdiction, this Regulation should provide for the competence of the courts of the Member State for the whole of the succession. In disputed cases, jurisdiction should lie with the courts of the Member State of the ~~last~~ habitual residence of the deceased ~~for~~at the ~~whol~~time of ~~the succession. For the same reasons,~~ death. Where the deceased exercises his or her right to choose in accordance with Article 17, the courts where the deceased had nationality should al~~low the competent court, by way of exception and under certain~~ so have jurisdiction if this is requested by all parties. If Member States also provide for judicial competence in undisputed cases, this should apply acconrdi~~tions, to transfer the case to the jurisdiction where the deceased had nationality if the latter is better placed to hear the case~~ngly, with the proviso that the wishes of all the parties involved should be respected; where necessary a court which initially accepted jurisdiction should decline jurisdiction. Should the parties involved wish to resolve inheritance issues without going through the courts, they should not be hindered in so doing by the rules on jurisdiction.

2011/07/01
Committee: JURI

2009/0157(COD)

Proposal for a regulation
Recital 19

(19) TProvisions on the validity of the form of dispositions of property upon death, is not covered by the Regulation. For the Member States which have ratified it, its scope is governed by the provisions of the Hague Convention of 5 October 1961 on the conflicts of laws relating to the form of testamentary disposincluding agreements as to succession, should be incorporated in the Regulations.

2011/07/01
Committee: JURI

2009/0157(COD)

Proposal for a regulation
Recital 19 a (new)

(19a) Provisions on the law applicable to testamentary capacity should be incorporated in the Regulation.

2011/07/01
Committee: JURI

2009/0157(COD)

Proposal for a regulation
Article 17 – paragraph 1 a (new)

1a. The choice of law shall also be valid if a person, at the time of their death, possesses the nationality of the State whose law they have chosen. The choice of law must be sufficiently clearly expressed in the light of generally recognised interpretive criteria.

2011/07/01
Committee: JURI

2008/0196(COD)

Proposal for a directive
Recital 11 j (new)

(11j) This Directive does not affect Member States' provisions on the purchase and acquisition of property or the formulation or transfer of rights to property. This also includes agreements connected with such legal acts, especially contracts for purchases from a property developer or leasing contracts.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Recital 14

(14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer's home or workplace. ~~In an off- premises context, consumers are~~Contracts concluded away from a trader's business premises are characterised by the fact that the consumer is not prepared for contract negotiations and is under psychological pressure no matter whether they haves solicited the trader's visit or not. Furthermore, in order to prevent circumventions of rules when consumers are approached away from business premises, a contract negotiated, for example at the consumer's home but concluded in a shop should be regarded as an off-premises contract. In contrast, no such difficult psychological situation applies where contracts are certified using the services of a public office-holder in accordance with the rules of the Member States. Such contracts are therefore not considered to be either off- premises contracts or distance contracts for the purposes of this Directive.

2010/10/25
Committee: IMCO

2008/0196(COD)

Werner LANGEN, Kurt LECHNER

Proposal for a directive
Recital 16

(16) The definition of durable medium should include all statements made in writing, 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 stored. Any communication by electronic means which provides a durable record in a durable medium is equivalent to "writing".

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Recital 33

(33) Certain exemptions should exist from the right of withdrawal, such as in cases where a right of withdrawal would be inappropriate, given the nature of the product~~. That is applicable for example to wine supplied a long time after the conclusion of the contract of a speculative nature where the value is dependent on fluctuations in the market (vin en primeur)~~, and exercising a right of withdrawal would unfairly disadvantage the trader or manufacturer. That is applicable in particular to foodstuffs and other hygienically sensitive or perishable goods, for example to electrical appliances for personal care or electrical appliances that come into contact with food.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Recital 42

(42) When the trader has either refused or has ~~more than once failed~~failed at least twice to remedy the lack of conformity the consumer should be entitled to choose freely any of the available remedies. The trader's refusal can be either explicit or implicit, meaning in the latter case that the trader does not respond or ignores the consumer's request to remedy the lack of conformity.

2010/10/25
Committee: IMCO

2008/0196(COD)

Werner LANGEN, Kurt LECHNER

Proposal for a directive
Article 2 – paragraph 1 – point 7

(7) 'means of distance communication' means any means which, without the simultaneous physical presence of the trader and the consumer, may be used ~~for~~in the context of the conclusion of a contract between those parties;

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a

(a) any sales or service contract concluded away from business premises with the simultaneous physical presence of the trader and the consumer ~~or any sales or service contract for which an offer was made by the consumer in the same circumstances, or~~at the consumer’s workplace or in his or another consumer’s home, unless the visit is not made at the consumer’s express wish. This shall exclude contracts which, in accordance with the provisions of the Member States, are certified by a public office-holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer concludes the contract only on the basis of careful consideration and with knowledge of its legal scope;

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a – point i (new)

(i) ‘Everyday transactions’ Sales or service contracts in which, as a rule, the contract is performed in full immediately following its conclusion.

2010/10/25
Committee: IMCO

2008/0196(COD)

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.~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Werner LANGEN, Kurt LECHNER

Proposal for a directive
Article 2 – paragraph 1 – point 20 a (new)

(20a) ‘goods made to the consumer's specifications or clearly personalised’ means any non-prefabricated goods production of which is completed on the basis of an individual choice or decision by the customer on, for example, colour, size, material or finish, which, because they are made to consumer’s wishes in these respects, are unsaleable or saleable only at an unreasonable discount, and which the trader has clearer identified to the consumer as customised goods.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 3 – paragraph 2

2. This Directive shall only apply to financial services as regards ~~certain off- premises contracts as provided for by Articles 8 to 20, unfair contract terms as provided for by Articles 30 to 39 and~~ general provisions as provided for by Articles 40 to 46, read in conjunction with Article 4 on full harmonisation.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 a (new)

This Directive shall not apply to provisions in Member States' laws relating to the legal nature, sale, acquisition or transfer of ownership of immovable property or to the formulation or transfer of rights to ownership of immovable property.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 b (new)

Articles 5 to 29 shall not apply to contracts which, in accordance with the provisions of the Member States, are certified by a public office-holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope;

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 c (new)

The Member States may decide that this Directive shall apply only to contracts for which the payment to be made by the consumer exceeds a specified amount. The amount may not exceed EUR 100.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 d (new)

Articles 12 to 19 shall not apply to distance and off-premises contracts for the provision of accommodation, transport, motor vehicle rental services, catering or leisure services as regards contracts providing for a specific date or period of performance.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 5 – paragraph 1 – point a

(a) the ~~main characte~~name or descrispticson of the ~~product, to an extent appropriate to the medium and the product~~good or service;

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) the ~~geographical address and the identity of the trader, such as his trading name and, where applicable, the geographical~~business address and the identity of the trader ~~on whose behalf he is acting~~;

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 5 – paragraph 1 – point d

d~~) the arrangements for payment, delivery, performance and the complaint handling policy, if they depart from the requirements of professional diligence;~~eleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Werner LANGEN, Kurt LECHNER

Proposal for a directive
Article 5 – paragraph 1 – point d

(d) the arrangements for payment, delivery, and performance ~~and the complaint handling policy~~, if they depart from the requirements of professional diligence;

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 5 – paragraph 1 – point f

~~(f) the existence and the conditions of after-sales services and commercial guarantees, where applicable;~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 5 – paragraph 1 – point h

~~h) the minimum duration of the consumer's obligations under the contract, where applicable;~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 5 – paragraph 1 – point i

~~i) the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader.~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 5 – paragraph 3

~~3. The information referred to in paragraph 1 shall form an integral part of the sales or service contract.~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Werner LANGEN, Kurt LECHNER

Proposal for a directive
Article 6 – paragraph 2

2. Without prejudice to Articles 7(2), 13 and 42, the consequences of any breach of Article 5, shall be determined in accordance with the applicable national law. Member States shall provide in their national laws for effective and proportionate contract law remedies for any breach of Article 5.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 9 – paragraph 1 – introductory part

As regards distance or off-premises contracts, the trader shall provide the following information ~~which shall form an integral part of the contract~~:

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 9 – paragraph 1 – point d

~~(d) the existence of codes of conduct and how they can be obtained, where applicable;~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Werner LANGEN, Kurt LECHNER

Proposal for a directive
Article 9 – paragraph 1 – point e

~~(e) the possibility of having recourse to an amicable dispute settlement, where applicable;~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 9 – paragraph 1 – point e

~~(e) the possibility of having recourse to an amicable dispute settlement, where applicable;~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 9 – paragraph 1 – point f

~~(f) that the contract will be concluded with a trader and as a result that the consumer will benefit from the protection afforded by this Directive.~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 10 – title

FPre-contractual formal requirements for off-premises contracts

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 10 – paragraph 1

1. With respect to off-premises contracts, the information provided for in Article 9 shall be ~~given in the order form~~provided in text form at the consumer’s request. It shall be drafted in plain, intelligible language and be legible. ~~The order form shall include the standard withdrawal form set out in Annex I(B).~~

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 10 – paragraph 2

~~2. An off-premises contract shall only be valid if the consumer signs an order form and in cases where the order form is not on paper, receives a copy of the order form on another durable medium.~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 10 – paragraph 3

3. Member States shall not impose any formal pre-contractual requirements other than those provided for in paragraphs 1 ~~and 2~~.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 11 – title

Formal pre-contractual requirements for distance contracts

2010/10/25
Committee: IMCO

2008/0196(COD)

Werner LANGEN, Kurt LECHNER

Proposal for a directive
Article 11 – paragraph 2

2. If the trader ~~makes a telephone call to the consumer~~contacts the consumer via a long-distance communication medium with a view to concluding a distance contract, he shall disclose his identity and the commercial purpose of the call at the beginning of ~~the~~each conversation with the consumer.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 11 – paragraph 5

5. Member States shall not impose any pre-contractual formal requirements other than those provided for in paragraphs 1 to 4.

2010/10/25
Committee: IMCO

2008/0196(COD)

Werner LANGEN, Kurt LECHNER

Proposal for a directive
Article 16 – paragraph 1

1. The trader shall reimburse ~~any payment received from the consumer~~the consumer for all costs for which he is entitled to a refund within thirty days from the day on which he receives the communication of withdrawal, with the exception of those sales contracts in which the trader, pursuant to Paragraph 1a and Article 17 is not required to make the reimbursement until he has received or collected the goods back.

2010/10/25
Committee: IMCO

2008/0196(COD)

Werner LANGEN, Kurt LECHNER

Proposal for a directive
Article 16 – paragraph 1 a (new)

1a. For sales contracts for which the material possession of the goods has been transferred to the consumer or, at his request, to a third party before the expiration of the withdrawal period, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them, within fourteen days from the day on which he communicates his withdrawal to the trader, unless the trader has offered to collect the goods himself. The consumer shall only be charged for the direct cost of returning the goods and for any delivery charges to which the consumer has agreed and which arise from the consumer's desire for non- standard delivery of the items, unless the trader has agreed to bear that cost.

2010/10/25
Committee: IMCO

2008/0196(COD)

Werner LANGEN, Kurt LECHNER

Proposal for a directive
Article 16 – paragraph 2

2. For sales contracts, the trader may withhold the reimbursement until he has received or collected the goods back, or the consumer has supplied evidence of having sent back the goods, whichever is the earliest.deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1

For sales contracts for which the material possession of the goods has been transferred to the consumer or at his request, to a third party before the expiration of the withdrawal period, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them, within fourteen days from the day on which he communicates his withdrawal to the trader~~, unless the trader has offered to collect the goods himself~~.

2010/10/25
Committee: IMCO

2008/0196(COD)

Werner LANGEN, Kurt LECHNER

Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1 a (new)

During the withdrawal period the consumer who may possibly wish to exercise his right to withdraw shall have a duty of care in respect of the good. In this case, the consumer should only handle or try it in the same manner as he would be allowed to do in a shop and only to the extent necessary to determine its nature, qualities and functioning.

2010/10/25
Committee: IMCO

2008/0196(COD)

Werner LANGEN, Kurt LECHNER

Proposal for a directive
Article 17 – paragraph 2

2. The consumer shall ~~only~~ be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b). For service contracts subject to a right of withdrawal, the consumer shall bear no cost for services performed, in full or in part, during the withdrawal periodfailure on his part to fulfil the obligations set out in Article 17(1a).

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 17 – paragraph 2

2. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. ~~He shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b).~~ For service contracts subject to a right of withdrawal, the consumer shall bear nothe cost for services performed, in full or in part, during the withdrawal period.

2010/10/25
Committee: IMCO

2008/0196(COD)

Werner LANGEN, Kurt LECHNER

Proposal for a directive
Article 17 – paragraph 2 a (new)

2 a. The consumer shall not be liable for any diminished value of the goods where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b).

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 19 – paragraph 1 – point c – paragraph 1a (new)

1a. services tailored to the consumer's personalised requirements or wishes and requiring the entrepreneur to make individual arrangements which he can make no other use of;

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 19 – paragraph 1 – point d

(d) the supply of wine, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place beyond the time-limit referred to in Article 22(1) and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 19 – paragraph 2 – point c a (new)

(ca) The right of withdrawal shall not apply to distance and off-premises contracts which, in accordance with the provisions of the Member States, are certified by a public office holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope;

2010/10/25
Committee: IMCO

2008/0196(COD)

Werner LANGEN, Kurt LECHNER

Proposal for a directive
Article 19 – paragraph 3

3. ~~The parties may agree not to apply paragraphs 1 and 2.~~In respect of distance and off-premises contracts, the right of withdrawal shall not apply as regards the following: (a) contracts for the supply of foodstuffs, beverages or other goods intended for current consumption in the household, selected in advance by the consumer by means of distance communication and physically supplied to the consumer's home, residence or workplace by the trader who usually sells such goods on his own business premises; (b) the supply of goods which because of their nature cannot be resold, inter alia on grounds of hygiene or public health, which have been supplied in sealed, transparent packaging and whose packaging or seal has already been opened by the consumer after he or she has been previously informed that the goods may not be returned if the seal has been broken;

2010/10/25
Committee: IMCO

2008/0196(COD)

Werner LANGEN, Kurt LECHNER

Proposal for a directive
Article 19 – paragraph 3 a (new)

3a. The parties may agree not to apply paragraphs 1, 2 and 3.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 20 – paragraph 1 – point a

(a) ~~for the sale of immovable property or relating to other immovable property rights, except for rental and works relating to~~relating to the sale or acquisition of immovable property or to the formulation or transfer of immovable property rights or in connection with the sale of immovable property or with the formulation or transfer of immovable property rights. This shall also include agreements connected with such legal acts, especially contracts for purchases from a property developer or leasing contracts. This shall be without prejudice to the application of this Directive to contracts on immovable property rental only or on immovable property; works only;

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 20 – paragraph 1 – point d a (new)

(da) relating to financial services.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Chapter 4 – title

~~Other consumer rights specific to sales contracts~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 21

Scope 1. This Chapter shall apply to sales contracts. Without prejudice to Article 24(5), where the contract is a mixed- purpose contract having as its object both goods and services, this Chapter shall only apply to the goods. 2. This Chapter shall also apply to contracts for the supply of goods to be manufactured or produced. 3. This Chapter shall not apply to the spare parts replaced by the trader when he has remedied the lack of conformity of the goods by repair under Article 26. 4. Member States may decide not to apply this Chapter to the sale of second-hand goods at public auctions.deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 22

Delivery 1. Unless the parties have agreed otherwise, the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party, other than the carrier and indicated by the consumer, within a maximum of thirty days from the day of the conclusion of the contract. 2. Where the trader has failed to fulfil his obligations to deliver, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1.deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 23

Passing of risk 1. The risk of loss of or damage to the goods shall pass to the consumer when he or a third party, other than the carrier and indicated by the consumer has acquired the material possession of the goods. 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, other than the carrier and indicated by the consumer has failed to take reasonable steps to acquire the material possession of the goods.deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 24

Conformity with the contract 1. The trader shall deliver the goods in conformity with the sales contract. 2. Delivered goods shall be presumed to be in conformity with the contract if they satisfy the following conditions: (a) they comply with the description given by the trader and possess the qualities of the goods which the trader has presented to the consumer as a sample or model; (b) they are fit for any particular purpose for which the consumer requires them and which he made known to the trader at the time of the conclusion of the contract and which the trader has accepted; (c) they are fit for the purposes for which goods of the same type are normally used or (d) they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling. 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. 4. The trader shall not be bound by public statements, as referred to in paragraph 2(d) if he shows that one of the following situations existed: (a) he was not, and could not reasonably have been, aware of the statement in question; (b) by the time of conclusion of the contract the statement had been corrected; (c) the decision to buy the goods could not have been influenced by the statement. 5. Any lack of conformity resulting from the incorrect installation of the goods shall be considered as a lack of conformity of the goods where the installation forms part of the sales contract and the goods were installed by the trader or under his responsibility. The same shall apply equally if the goods, intended to be installed by the consumer, are installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions.deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 25

~~Legal rights – Liability for lack of conformity The trader shall be liable to the consumer for any lack of conformity which exists at the time the risk passes to the consumer.~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 26

Remedies for lack of conformity 1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to: (a) have the lack of conformity remedied by repair or replacement, (b) have the price reduced, (c) have the contract rescinded. 2. The trader shall remedy the lack of conformity by either repair or replacement according to his choice. 3. Where the trader has proved that remedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader a disproportionate effort, the consumer may choose to have the price reduced or the contract rescinded. A trader's effort is disproportionate if it imposes costs on him which, in comparison with the price reduction or the rescission of the contract, are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity. The consumer may only rescind the contract if the lack of conformity is not minor. 4. The consumer may resort to any remedy available under paragraph 1, where one of the following situations exists: (a) the trader has implicitly or explicitly refused to remedy the lack of conformity; (b) the trader has failed to remedy the lack of conformity within a reasonable time; (c) the trader has tried to remedy the lack of conformity, causing significant inconvenience to the consumer; (d) the same defect has reappeared more than once within a short period of time. 5. The significant inconvenience for the consumer and the reasonable time needed for the trader to remedy the lack of conformity shall be assessed taking into account the nature of the goods or the purpose for which the consumer acquired the goods as provided for by Article 24(2)(b).deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 26 – paragraph 1 – point c b (new)

(cb) With regard to digital services, when technical problems may cause the download to be delayed or not to be delivered within a reasonable period or when downloading is prevented, the consumer is entitled to a replacement or refund of the digital content;

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 26 – paragraph 2 – indent 1 (new)

- Concerning digital services the trader shall remedy the lack of conformity by either repair or replacement according to his choice.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 27 – paragraph 2

~~2. Without prejudice to the provisions of this Chapter, the consumer may claim damages for any loss not remedied in accordance with Article 26.~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 28

Time limits and burden of proof 1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer. 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 years as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replaced goods. 3. In the case of second-hand goods, the trader and the consumer may agree on a shorter liability period, which may not be less than one year. 4. In order to benefit from his rights under Article 25, the consumer shall inform the trader of the lack of conformity within two months from the date on which he detected the lack of conformity. 5. Unless proved otherwise, any lack of conformity which becomes apparent within six months of the time when the risk passed to the consumer, shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 29

Commercial guarantees 1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee. 2. The guarantee statement shall be drafted in plain intelligible language and be legible. It shall include the following: a) legal rights of the consumer, as provided for in Article 26 and a clear statement that those rights are not affected by the commercial guarantee, b) set the contents of the commercial guarantee and the conditions for making claims, notably the duration, territorial scope and name and address of the guarantor, (c) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable, that the commercial guarantee cannot be transferred to a subsequent buyer. 3. If the consumer so requests, the trader shall make the guarantee statement available in a durable medium. 4. Non compliance with paragraph 2 or 3 shall not affect the validity of the guarantee.deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Chapter 5 – title

~~Consumer rights concerning contract terms~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 30

Scope 1. This Chapter shall apply to contract terms drafted in advance by the trader or a third party, which the consumer agreed to without having the possibility of influencing their content, in particular where such contract terms are part of a pre-formulated standard contract. 2. The fact that the consumer had the possibility of influencing the content of certain aspects of a contract term or one specific term, shall not exclude the application of this Chapter to other contract terms which form part of the contract. 3. This Chapter shall not apply to contract terms reflecting mandatory statutory or regulatory provisions, which comply with Community law and the provisions or principles of international conventions to which the Community or the Member States are party.deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 31

Transparency requirements of contract terms 1. Contract terms shall be expressed in plain, intelligible language and be legible. 2. Contract terms shall be made available to the consumer in a manner which gives him a real opportunity of becoming acquainted with them before the conclusion of the contract, with due regard to the means of communication used. 3. The trader shall seek the express consent of the consumer to any payment in addition to the remuneration foreseen for the trader's main contractual obligation. If the trader has not obtained the consumer's express consent but has inferred it by using default options which the consumer is required to reject in order to avoid the additional payment, the consumer shall be entitled to reimbursement of this payment. 4. Member States shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumer.deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 31 – paragraph 4

4. Member States shall refrain from imposing any ~~presentational~~ requirements as to the way the contract terms are expressed or made available to the consumer.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 32

General principles 1. Where a contract term is not included in Annex II or III, Member States shall ensure that it is regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer. 2. Without prejudice to Articles 34 and 38, the unfairness of a contract term shall be assessed, taking into account the nature of the products for which the contract was concluded and by referring, at the time of the conclusion of the contract, to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent. When assessing the fairness of a contract term, the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with Article 31. 3. Paragraphs 1 and 2 shall not apply to the assessment of the main subject matter of the contract or to the adequacy of the remuneration foreseen for the trader's main contractual obligation, provided that the trader fully complies with Article 31.deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 33

~~Burden of proof Where the trader claims that a contract term has been individually negotiated, the burden of proof shall be incumbent on him.~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 34

Terms considered unfair in all circumstances 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 40.deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 35

Terms presumed to be unfair 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.deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 36

Interpretation of terms 1. Where there is doubt about the meaning of a term, the interpretation most favourable to the consumer shall prevail. 2. This Article shall not apply in the context of the procedures laid down in Article 38(2).deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 37

Effects of unfair contract terms Contract terms which are unfair shall not be binding on the consumer. The contract shall continue to bind the parties if it can remain in force without the unfair terms.deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 38

Enforcement in relation to unfair contract terms 1. Member States shall ensure that, in the interests of consumers and competitors, adequate and effective means exist to prevent the continued use of unfair terms in contracts concluded with consumers by traders. 2. In particular, persons or organisations, having a legitimate interest under national law in protecting consumers, may take action before the courts or administrative authorities for a decision as to whether contract terms drawn up for general use are unfair. 3. Member States shall enable the courts or administrative authorities to apply appropriate and effective means to prevent traders from continuing to use terms which have been found unfair. 4. Member States shall ensure that the legal actions referred to in paragraph 2 and 3 may be directed either separately or jointly depending on national procedural laws against a number of traders from the same economic sector or their associations which use or recommend the use of the same general contract terms or similar terms.deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 39

Review of the terms in Annexes 2 and 3 1. Member States shall notify to the Commission the terms which have been found unfair by the competent national authorities and which they deem to be relevant for the purpose of amending this Directive as provided for by paragraph 2. 2. In the light of the notifications received under paragraph 1, the Commission shall amend Annex II and III. Those measures designed to amend non essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).deleted

2010/10/25
Committee: IMCO

2008/0142(COD)

Proposal for a directive
Recital 27

(27) This Directive provides also for the right for a patient to receive any medicinal product authorised for marketing in the Member State where healthcare is provided in that Member State, even if the medicinal product is not authorised for marketing in the Member State of affiliation, as it is an indispensable part of obtaining this specific effective treatment for the patient in another Member State.

2009/01/30
Committee: IMCO

2008/0142(COD)

Proposal for a directive
Recital 39

(39) Where medicinal products are authorised within the patient's Member State in accordance with Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use and have been prescribed in another Member State for an individual named patient, it should be in principle possible for such prescriptions to be ~~medically~~ recognised medically or in pharmacies and used in the patient's own Member State. The removal of regulatory and administrative barriers to such recognition is without prejudice to the need for appropriate agreement of the patients' treating physician or pharmacist in every individual case, if this is warranted by protection of human health and is necessary and proportionate to that objective. Such ~~medical~~ recognition should also be without prejudice to the decision of the Member State of affiliation regarding the inclusion of such medicinal products within the benefits covered by the social security system of affiliation and without prejudice to the validity of national pricing and payment rules. The implementation of the principle of recognition will be facilitated by the adoption of measures necessary for safeguarding the safety of a patient, and avoiding the misuse or confusion of medicinal products.

2009/01/30
Committee: IMCO

2008/0142(COD)

Proposal for a directive
Article 4 – point a

(a) "healthcare" means a health service ~~provid~~s or products, in particular medical or pharmaceutical services and medicinal products or medical devices, provided by, prescribed by or under the supervision of a health professional in the exercise of his profession, and regardless of the ways in which ~~it is~~they are organised, delivered and financed at national level or whether ~~it is~~they are public or private;

2009/01/30
Committee: IMCO

2008/0142(COD)

Proposal for a directive
Article 14 – paragraph 1 – introductory part

1. If a medicinal product is authorised to be marketed on their territory in accordance with Article 6(1) of Directive 2001/83/EC, Member States shall ensure that prescriptions issued for that medicinal product by an authorised person in another Member State for a named patient can be used in their territory and that any restrictions on recognition of individual prescriptions are prohibited unless they:

2009/02/18
Committee: IMCO

2008/0142(COD)

Proposal for a directive
Article 14 – paragraph 1 – point b

(b) are based on legitimate and justified doubts about the authenticity or content of an individual prescription or about the prescribing party's right to issue the prescription.

2009/02/18
Committee: IMCO

2008/0142(COD)

Proposal for a directive
Article 14 – paragraph 1 a (new)

1a. The recognition of such a prescription shall not affect the application of: (i) national rules on the dispensing of medicinal products, including generic substitution, (ii) national rules on pricing and reimbursement, (iii) national professional rules under which a pharmacist would be entitled to refuse to dispense if the prescription had been issued in his own Member State.

2009/02/18
Committee: IMCO

2008/0142(COD)

Proposal for a directive
Article 14 – paragraph 2 – point b a (new)

ba) measures to facilitate contact between the prescribing party and the dispensing party with a view to resolving uncertainties about prescription;

2009/02/18
Committee: IMCO

2008/0142(COD)

Proposal for a directive
Article 14 – paragraph 2 – point c

~~(c) measures to exclude specific categories of medicinal products from the recognition of prescriptions provided for under this article where necessary in order to safeguard public health.~~deleted

2009/02/18
Committee: IMCO

2008/0130(CNS)

Kurt LECHNER, Hartmut NASSAUER

Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)

(ea) it shall have a business object.

2008/11/04
Committee: JURI

2008/0130(CNS)

Proposal for a regulation
Article 5 – paragraph 1

1. ~~Member States shall allow the formation of an SPE by any of the following methods: (a) the creation of a SPE~~The formation of an SPE shall be possible: (a) in accordance with this Regulation; (b) through the transformation of an existing company; ~~(c) the merger of existing companies; (d) the division of an existing company.~~

2008/11/04
Committee: JURI

2008/0130(CNS)

Kurt LECHNER, Hartmut NASSAUER

Proposal for a regulation
Article 7 – paragraph 2

An SPE shall ~~not be under any obligation to~~ have its central administration or principal place of business in the Member State in which it has its registered office.

2008/11/04
Committee: JURI

2008/0130(CNS)

Kurt LECHNER, Hartmut NASSAUER

Proposal for a regulation
Article 8 – paragraph 2

2. The articles of association of a SPE shall ~~be in writing and~~exist at least in written form and shall be signed by every founding shareholder.

2008/11/04
Committee: JURI

2008/0130(CNS)

Proposal for a regulation
Article 8 – paragraph 2

2. The official requirements relating to the articles of association of an SPE shall be ~~in writing~~governed by the applicable national law. The articles of association shall nevertheless exist at least in written form and be signed by every founding shareholder.

2008/11/04
Committee: JURI

2008/0130(CNS)

Proposal for a regulation
Article 8 – paragraph 2

2. The official requirements relating to the articles of association of an SPE shall be ~~in writing and signed by every founding shareholder~~governed by the applicable national law.

2008/11/04
Committee: JURI

2008/0130(CNS)

Kurt LECHNER, Hartmut NASSAUER

Proposal for a regulation
Article 8 – paragraph 3 – point b

(b) in relation to third parties, in accordance with the provisions of the applicable national law implementing paragraphs 5, 6 and 7 of Article 3 of Directive 68/151/EEC. The Member States may additionally make applicability as regards third parties dependent on a disclosure in accordance with Article 3(2) of Directive 68/151/EEC.

2008/11/04
Committee: JURI

2008/0130(CNS)

Kurt LECHNER, Hartmut NASSAUER

Proposal for a regulation
Article 10 – paragraph 1

1. Application for registration shall be made by the founding shareholders of the SPE or by any person authorised by them. Such application may be made by electronic means in accordance with Directive 68/151/EEC.

2008/11/04
Committee: JURI

2008/0130(CNS)

Kurt LECHNER, Hartmut NASSAUER

Proposal for a regulation
Article 10 – paragraph 2 – point g a (new)

(ga) the business object of the SPE;

2008/11/04
Committee: JURI

2008/0130(CNS)

Kurt LECHNER, Hartmut NASSAUER

Proposal for a regulation
Article 10 – paragraph 4 – introductory part

4. Registration of the SPE ~~may~~shall be subject to ~~only~~at least one of the following requirements:

2008/11/04
Committee: JURI

2008/0130(CNS)

Kurt LECHNER, Hartmut NASSAUER

Proposal for a regulation
Article 10 – paragraph 5

5. The SPE shall submit any change in the particulars or documents referred to in points (a) to (g) of paragraph 2 to the register within 14 calendar days of the day on which the change takes place. After every amendment to the articles of association, the SPE shall submit its complete text to the register as amended to date. Paragraph 1 and paragraph 4 shall apply mutatis mutandis. Any amendment shall be published in accordance with Article 3(2) of Directive 68/151/EEC.

2008/11/04
Committee: JURI

2008/0130(CNS)

Kurt LECHNER, Hartmut NASSAUER

Proposal for a regulation
Article 14 – paragraph 5 a (new)

5a. The Member States may, in addition to providing for shares to be recorded in the list of shareholders, provide for the shares to be published in a public register.

2008/11/04
Committee: JURI

2008/0130(CNS)

Kurt LECHNER, Hartmut NASSAUER

Proposal for a regulation
Article 15 – paragraph 4 a (new)

4a. In the case of Article 14(5), paragraphs 1 and 2 of this article shall apply mutatis mutandis to publication in the public register.

2008/11/04
Committee: JURI

2008/0130(CNS)

Proposal for a regulation
Article 15 – paragraph 4 a (new)

4a. The Member States may, in accordance with the provisions of national law, in addition to the requirements set out in paragraph 3, provide for shares to be published in a public register and shall ensure that third parties may inspect the list and obtain copies thereof provided they can credibly demonstrate a justifiable interest.

2008/11/04
Committee: JURI

2008/0130(CNS)

Kurt LECHNER, Hartmut NASSAUER

Proposal for a regulation
Article 16 – paragraph 2

2. All agreements on the transfer of shares shall be at least in written form. The Member States may make their validity conditional on official verification of lawfulness of the act of transfer by an administrative or judicial body or on public authentication.

2008/11/04
Committee: JURI

2008/0130(CNS)

Kurt LECHNER, Hartmut NASSAUER

Proposal for a regulation
Article 16 – paragraph 3

3. On notification of a transfer, the management body shall, without undue delay, enter the shareholder in the list referred to in Article 15, provided that the transfer has been executed in accordance with this Regulation and the articles of association of the SPE and the shareholder submits reasonable evidence as to his lawful ownership of the share. In the case of Article 14(4a), the management body shall make the request for publication on the register without undue delay.

2008/11/04
Committee: JURI

2008/0130(CNS)

Kurt LECHNER, Hartmut NASSAUER

Proposal for a regulation
Article 16 – paragraph 4 – point b

(b) in relation to third parties, on the day the shareholder is entered in the list referred to in Article 15 or the third party’s status as shareholder is published in the register referred to in Article 14(4a).

2008/11/04
Committee: JURI

2008/0130(CNS)

Kurt LECHNER, Hartmut NASSAUER

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1

2. ~~If the articles of association so require, t~~The management body of the SPE, in addition to complying with paragraph 1, shall sign a statement, hereinafter a 'solvency certificate', before a distribution is made, certifying that the SPE will be able to pay its debts as they become due in the normal course of business within one year of the date of the distribution. Shareholders shall be provided with the solvency certificate before the resolution on the distribution referred to in Article 27 is taken.

2008/11/04
Committee: JURI

2008/0130(CNS)

Kurt LECHNER, Hartmut NASSAUER

Proposal for a regulation
Article 33 – paragraph 3 a (new)

3a. The appointment, termination of office and particulars of the members of the management body who are authorised to represent the company in dealings with third parties and in legal proceedings shall be disclosed by entry in the register referred to in Article 9(1).

2008/11/04
Committee: JURI

2008/0098(COD)

Proposal for a regulation
Article 2 – Point 5

5. "‘making available on the market"’ means any supply of a construction product for distribution or use on the Community market in the course of a commercial activity, whether in return for payment or free of charge; . This excludes: (a) any product which users transform on site for their own use in the context of their professional activity; (b) any product users manufacture on or off site and which are incorporated into a work without being placed back on the market;

2008/11/13
Committee: IMCO

2008/0098(COD)

Proposal for a regulation
Article 6 – Paragraph 3

3. By way of derogation from paragraphs 1 and 2, the content of the declaration of performance may be made available on a web site in accordance with conditions established by the Commission. Those measures, designed to amend non- essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 51(2).deleted

2008/11/13
Committee: IMCO

2008/0098(COD)

Proposal for a regulation
Article 9

9. Each Member State shall ensure that the Product Contact Points established in accordance with Regulation (EC) N°…. also provide the information on, using transparent and easily understandable terms, on conditions of use, any technical rules orand regulatory provisions applicable to the incorporation, assembling or installation of a specific ~~type of~~ construction product in the territory of that Member State.

2008/11/13
Committee: IMCO

2008/0051(CNS)

Proposal for a directive
Article 9 – paragraph 3

3. ~~For the purposes of paragraph 1, an irregularity shall mean a situation in which the movement has not ended in~~Member States may also provide for excise duty to become chargeable in the Member State of consumption in respect of the acquisition of mineral oils already released for consumption in another Member State if those goods have been moved atypically by or for private individuals. Atypical movement may be considered to denote the movement of fuel in containers other than the vehicle tank or a suitable spare fuel container or the movement of liquid heating fuels by means other than tankers being used for ac co~~rdance with Article 19(2).~~ mmercial entrepreneur.

2008/06/27
Committee: IMCO

2008/0051(CNS)

Proposal for a directive
Article 13 – paragraph 1

1. Member States may exempt from payment of excise duty excise goods supplied by tax-free shops which are carried away in the personal luggage of travellers ~~taking a flight or sea-crossing~~ to a third territory or to a third country.

2008/06/27
Committee: IMCO

2008/0051(CNS)

Proposal for a directive
Article 13 – paragraph 4 – point b

(b) ‘tax-free shop’ means any establishment situated within an airport or port or on the border of a third country or third territory which fulfils the conditions laid down by the competent public authorities, pursuant in particular to paragraph 3;

2008/06/27
Committee: IMCO

2008/0051(CNS)

Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2

As regards excise goods ~~other than manufactured tobacco~~ acquired by private individuals, the first subparagraph shall also apply in cases where the goods are transported on their behalf.

2008/06/27
Committee: IMCO

2008/0051(CNS)

Proposal for a directive
Article 31 – paragraph 1 – subparagraph 3

~~In the cases referred to in Article 30(1), where manufactured tobacco is not transported by the private individuals concerned, it shall be deemed to be held for commercial purposes.~~deleted

2008/06/27
Committee: IMCO

2007/2189(INI)

Draft opinion
Paragraph 3 – indent 5 a (new)

-having regard to the widespread debates about so-called representative actions, extensive research and studies are still needed on this subject, there are doubts about the legislative competence of the EU and procedures similar to those which exist in the US should be rejected;

2008/03/04
Committee: JURI

2007/0113(COD)

Klaus-Heiner LEHNE, Kurt LECHNER

Proposal for a directive
Recital 4

(4) This Directive should be without prejudice to national rules relating to sale and registration of immovable or movable property, conditions of establishment or authorisation regimes or licensing requirements, determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.

2008/03/04
Committee: JURI

2007/0113(COD)

Klaus-Heiner LEHNE, Kurt LECHNER

Proposal for a directive
Article 1 – Paragraph 1 – Sub-paragraph 3

This Directive is without prejudice either to national legislation providing for general contract law remedies ~~enabling the consumer to terminate the contract~~or to national rules on the sale and registration of moveable and immoveable property, on conditions of establishment and authorisation, and on the determination of the legal nature of the rights to which contracts falling within the scope of this regulation relate.

2008/03/04
Committee: JURI

2007/0113(COD)

Proposal for a directive
Article 1 – Paragraph 2 – Point d a (new)

da) the conclusion of the contract

2008/03/04
Committee: JURI

2007/0113(COD)

Proposal for a directive
Article 4 – Paragraph 1

1. Member States shall ensure that the contract is at least in writing and drawn up in one of the official languages of the Community, as chosen by the consumer.

2008/03/04
Committee: JURI

2007/0113(COD)

Proposal for a directive
Article 5 – Paragraph 6 a (new)

6a). The Member States may determine that the right of withdrawal shall not apply to declarations by consumers using the services of an official, provided that the official confirms that the consumer is guaranteed the rights under Article 3(2).

2008/03/04
Committee: JURI

2007/0113(COD)

Proposal for a directive
Recital 4

(4) This Directive should be without prejudice to national rules relating to sale and registration of immovable or movable property, conditions of establishment or authorisation regimes or licensing requirements, determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.

2008/02/25
Committee: IMCO

2007/0113(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 3

This Directive is without prejudice to national legislation providing for general contract law remedies ~~enabling the consumer to terminate the contract~~, and national rules relating to sale and registration of movable or immovable property, conditions of establishment or authorisation regimes and determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.

2008/02/25
Committee: IMCO

2007/0113(COD)

Proposal for a directive
Article 1 – paragraph 2 – point (c a) (new)

(ca) the conclusion of contracts.

2008/02/25
Committee: IMCO

2007/0113(COD)

Proposal for a directive
Article 2 – paragraph 1 – point (a)

(a) 'timeshare' means a contract of a duration of more than one year by which a consumer acquires against consideration the right to use ~~one or more~~ accommodation ~~for more th~~recurrently and on~~e period of occupation~~ a regular basis;

2008/02/25
Committee: IMCO

2007/0113(COD)

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ensure that the contract is at least in writing and drawn up in one of the official languages of the Community, as chosen by the consumer.

2008/02/25
Committee: IMCO

2007/0113(COD)

Proposal for a directive
Article 5 – paragraph 6 a (new)

6a. Member States may provide that the right of withdrawal shall not apply to declarations by consumers using the services of an official, provided that the official confirms that the consumer is guaranteed the rights under Article 3(2).

2008/02/25
Committee: IMCO