Activities of Olga SEHNALOVÁ related to 2013/2116(INI)
Plenary speeches (1)
Implementation of Unfair Commercial Practices Directive (short presentation)
Shadow reports (1)
REPORT on the implementation of the Unfair Commercial Practices Directive 2005/29/EC PDF (178 KB) DOC (94 KB)
Amendments (17)
Amendment 7 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas according to the First Report on the application of Directive 2005/29/EC the aggressive practices reported by Member States and stakeholders in response to the consultation occur mainly in doorstep selling or other off-premises sales,
Amendment 11 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Lays stress on the effectiveness of the legislation established by the Directive and its importance in making consumers and traders more confident in regard to transactions within the internal market, particularly concerning cross-border transactions, and in guaranteeing businesses greater legal certainty and on the fact that the Directive has helped to enhance consumer protection;
Amendment 19 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that it would not be appropriate at this stage to remove limitation on the full harmonisation character of the UCPD in relation to financial services or in relation to immovable property;
Amendment 23 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that Member States may no longer, since 12 June 2013, maintain the provisions retained until that date as temporary derogations; calls as a consequence on Member States to comply with the Directive as swiftly as possiblethe European Commission to make an assessment of all national prohibitions on unfair practices not included in the Annex I of the Directive and precluded by the maximum harmonisation effect;
Amendment 25 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the European Commission that when assessing the revision of the directive and the extension of the Annex I, it should also make use of the database on unfair commercial practices by identifying practices considered unfair by national authorities or competent courts in application of the general clauses of the directive;
Amendment 26 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reasserts the importance and absolute necessity of the Directive being fully applied and properly implemented by Member States; Calls on the Member States to support enforcement on national level with all available means, in particular with sufficient resources;
Amendment 30 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reasserts the importance of enhanced cooperation between national authorities responsible for applying the Directive and the co-operation with national consumer associations; encourages the Commission in this respect to examine thoroughly the scope, effectiveness and operational mechanisms of the Consumer Protection Cooperation Regulation (CPC Regulation) and to build up a structured and co- ordinated dialogue between public enforcers and consumer associations to address pan-European infringements of companies acting in more than one Member State, as it has committed itself to doing before the end of 2014;
Amendment 32 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that the concept of cross- border infringement should be adapted to a pan-European dimension where one or several foreign companies established in different Member States infringe in a "domestic-like" scenario consumer rights;
Amendment 33 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Welcomes the launch of the public consultation on the review of the Consumer Protection Cooperation (CPC) Regulation and that the consultation is available in all EU languages; calls on involved stakeholders and all those with an interest in enforcement of consumer rights across national borders within the Single Market to take a part in this consultation;
Amendment 36 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the penalties imposed for failure to comply with the Directive ought never to be lower in value than the profit made through a practice deemed to be unfair or misleading; reminds Member States that the Directive states that penalties must be effective, proportionate and dissuasive; asks the Commission to compile and analyse data on penalties and enforcement regimes applied by Member States; in particular with regard to the complexity and length of enforcement procedures; calls on the Commission to provide the European Parliament with results of this analysis;
Amendment 39 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the database on unfair commercial practices developed by the Commission; regrets that it is only available in English; asks the Commission to increase progressively the number of languages in which the database is available and to enhance its visibility, particularly for economic operators; calls on the Commission to consider also additional instruments of awareness raising of SMEs with regard to unfair commercial practices;
Amendment 40 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the importance of the guidance document produced by the Commission to assist in application of the Directive; welcomes the Commission s intention to revise this document by 2014calls on the European Commission to submit an evaluation of the application of the guidance document by national authorities and stakeholders in order to assess its usefulness in the enforcement of the directive and on aspects that need to be improved;
Amendment 44 #
Motion for a resolution
Paragraph 12 – subparagraph 1 (new)
Paragraph 12 – subparagraph 1 (new)
Considers that national authorities should exchange best practices on the implementation of the guidance document;
Amendment 49 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the importance for consumers of having effective, swift and inexpensive legal remedies; believes that not only penalties, but also effective remedies of particular consumer disputes arising out of the infringement of the Directive are necessary to increase consumer confidence in the Internal Market; emphasises that the UCPD does not include specific remedies for consumers in case of contracts concluded in breach of its rules; asks in this regard for Member States to implement fully the Directive on alternative dispute resolution methods and out-of-court settlement of online disputes;
Amendment 57 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Agrees that further efforts should be made to strengthen the enforcement of the UCPD in relation to vulnerable consumers, such as elderly persons, children/teenagers and other categories of citizens who find themselves in a situation of weakness;
Amendment 59 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Considers that, when the UCPD is to be reviewed in the future, provisions to specifically protect also the elderly from certain aggressive practices should be added;
Amendment 60 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Calls on the Commission to co- ordinate with the Member States a sweep investigation on the off-premises sale of consumer goods as the aggressive practices occur mainly in doorstep selling or other off-premises sales as reported by the Member States;