21 Amendments of Tiziano MOTTI related to 2008/0196(COD)
Amendment 271 #
Proposal for a directive
Recital 14
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, non-commercial context, consumers are under psychological pressurecould be faced with an unexpected situation in the event of a commercial approach being made, no matter whether they have 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.
Amendment 288 #
Proposal for a directive
Recital 16
Recital 16
(16) The definition of durable medium should include in particulaspecific paper documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and thecomputer hard drives of the computer on which the electronic mail or a pdf file is storedn which files or emails are saved in read-only form. Electronic mail, Internet sites and SMS and MMS messages may be regarded as durable media where the content of the communication between consumer and trader may be saved by the parties.
Amendment 302 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Member States should take particular care – making use of existing instruments and cooperation with the relevant institutions, national authorities, regulatory bodies and consumer organisations in order to do so – to guard against the risk of commercial transactions being carried out by companies using the Internet as a means of concealing long-term contractual arrangements under the cover of what appear to be free content downloads available from their sites following user registration, given that such practices seriously undermine consumer confidence in the EU single market.
Amendment 304 #
Proposal for a directive
Recital 21
Recital 21
(21) In the case of distance contracts, the information requirements should be adapted to take into account the technical constraints of certain media, such as the restrictions of the number of characters on certain mobile telephone screens or the time constraint on television sales spots. In this case the trader should comply with a minimum set of information requirements and refer the consumer to another source of information, for instance by providing a toll free telephone number or a hypertext link to a webpage of the trader where all of the relevant information is directly available and easily accessible.
Amendment 306 #
Proposal for a directive
Recital 22
Recital 22
(22) Since in the case of distance sales, the consumer is not able to see the good before concluding the contract he should, up until the end of the return period, have a right of withdrawal, which allows him to ascertain the nature and functioningquality of the goods and whether they function properly.
Amendment 312 #
Proposal for a directive
Recital 23
Recital 23
(23) The current varying lengths of the withdrawal periods both between the Member States and forfor both distance and off- premises contracts cause legal uncertainty and complianceunnecessary costs. The same withdrawal period should apply to allboth distance and off-premises contracts. In principle, the withdrawal period should end fourteen days after the date of conclusion of the contract. However, in the case of distance contracts for the sale of goods, the withdrawal period should end fourteen days after the consumer acquires the material possession of the goods.
Amendment 324 #
Proposal for a directive
Recital 30
Recital 30
(30) In the case of valid withdrawal the trader should reimburse all payments received from the consumer, including those covering the expenses born by the trader to deliver goods to the consumerthe consumer has reasonably made.
Amendment 353 #
Proposal for a directive
Recital 42
Recital 42
(42) When the trader has either refused or has more than once failed 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. It is implicit when the trader does not respond or ignores the consumer's request to remedy the lack of conformity. Member States shall identify the legal remedies available to consumers should a trader refuse or fail to remedy the lack of conformity.
Amendment 507 #
Proposal for a directive
Article 3 – paragraph 2
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.
Amendment 568 #
Proposal for a directive
Article 5 – paragraph 1 – point - a (new)
Article 5 – paragraph 1 – point - a (new)
1. Prior to the conclusion of any sales or service contract, the trader shall provide the consumer with the following information, if not already apparent from the context: (- a) the fact that it is a sales or service contract, meaning that the intentions of the parties must be established on the basis of this legal arrangement.
Amendment 764 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Amendment 843 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
In the case of a distance contract for the sale of goodsor off-premises mixed-purpose contract, the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of each of the goods orderedthe good concerned or the day on which the service covered by the mixed-purpose contract is provided (or made available for use) or, in the case of a long-term service, provision of that service commences (or the service is made available for use).
Amendment 895 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 908 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. The trader shall not be required to reimburse the cost of standard delivery of goods to the consumer. If the consumer has expressly opted for a type of delivery other than standard delivery, the trader shall not be required to reimburse the resulting additional costs.
Amendment 915 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 918 #
Proposal for a directive
Article 16 – paragraph 2
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 of the two is the earliest.
Amendment 921 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
For sales contractdistance or off-premises contracts for the supply of goods 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 be charged only for the direct cost of returning the goods if the trader has not agreed with the consumer to bear that cost himself.
Amendment 968 #
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) services where performance has begun, with the consumer's prior express consent, on a durable medium, before the end of the fourteen day period referred to in Article 12; (either under a sales or service contract or as part of a mixed-purpose service).
Amendment 1029 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Amendment 1444 #
Article 31 – paragraph 2
2. Contract terms that are irrevocably binding shall be made available to the consumer in a manner which gives him a real opportunity of becoming acquainted with themdue time before the conclusion of the contract, with due regard to the means of communication used and the method of sale.
Amendment 1451 #
Article 31 – paragraph 3
3. The trader shall seek the express consent of the consumer to any payment in addition to the remuneration fnot relating to the provision of goods ore seen 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 paymentrvices for which the contract has been concluded. The procedure for the granting of consent shall be established between the consumer and the trader.