Activities of Robert ROCHEFORT related to 2011/0284(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on a Common European Sales Law
Amendments (10)
Amendment 340 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In the frame of the revision of the consumer acquis started in 2004 by the European Commission's Green Paper, the recently adopted Directive 2011/83/EU on consumer rights deals with the most important contract law related areas of consumer distance and doorstep selling transactions. This directive will be operational as of mid-2014 and will provide a uniform legal framework for business-to-consumer transactions and in particular for business-to-consumer e- commerce.
Amendment 341 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) Approximating consumer contract law through legal harmonization on a high level of protection which applies to all market players is the most appropriate approach to strengthen consumer confidence in cross-border transactions and to facilitate EU wide trade.
Amendment 342 #
Proposal for a regulation
Recital 3 c (new)
Recital 3 c (new)
(3c) The consumer acquis needs to be updated in order to face the challenges of societal and economic developments included the digital economy. Consumers need a framework of solid rights for purchasing safely and on fair conditions within the Single Market. Directive 2011/83/EU on consumer rights provided a review of consumer protection rules mainly in relation to specific selling methods, namely distance and door-step selling. The field of legal guarantees is highly important to consumers and business alike and requires further approximation and modernization which is provided by this directive.
Amendment 347 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) For the purchase of second hand goods, Article 7 (1) of Directive 1999/44 on Consumer Sales stipulates that Member States can allow traders to reduce the guarantee period to one year. Given the increasing importance of the second-hand market for European consumers in this time of economic crisis and given the need to promote more sustainable consumption, a reduction of the legal guarantee to one year is no longer justified. The guarantee period for second hand goods should rather be assessed on the base of the definition of requirements for the conformity of the goods or digital content as provided for in this directive.
Amendment 348 #
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) The rules on legal guarantees have an important role to play in promoting suitable products and are relevant in the context of the EU strategy on Integrated Product Policy. In order to promote sustainable consumption, consumers' confidence in products developed on the basis of the standards laid down in the eco-design legislation, it is necessary to ensure that the consumer counts on guarantee rights thorough the life cycle of the eco-designed product. This period of time should be established in reference to the implemented measures of Directive 2009/158/EC which requires an assessment of the life expectance of the product.
Amendment 488 #
Proposal for a regulation
Annex 1 – Article 141 a (new)
Annex 1 – Article 141 a (new)
Amendment 489 #
Proposal for a regulation
Annex 1 – Article 141 b (new)
Annex 1 – Article 141 b (new)
Direct producer's liability 1. The producer is liable towards the consumer to repair or replace the goods for any lack of conformity that existed at the time of the passing of risk to the consumer for the good or digital content within the time period specified in Article 10. The consumer has the right to choose between repair and replacement, under the conditions stipulated in Article 7 paragraph 1. 2. The producer shall repair or replace the goods, at the latest 30 days after having been notified of the lack of conformity. 3. This Article is without prejudice to the provisions of national law extending the liability to other parties such as the importer or the carrier or concerning the right of contribution or recourse.
Amendment 498 #
Proposal for a regulation
Annex 1 – Article 158 a (new)
Annex 1 – Article 158 a (new)
Reporting by the Commission (planned durability) By [...], the Commission shall (a) undertake research to identify, analyse and assess the impact of planned durability on the life cycle of products, and (b) submit a report to the European Parliament on the transposition of this directive with the necessary measures to address the problematic of planned durability of products.
Amendment 499 #
Proposal for a regulation
Annex 1 – Article 158 b (new)
Annex 1 – Article 158 b (new)
Right of redress 1. Where the final seller is liable to the consumer because of a lack of conformity resulting form an act or omission by the producer, a previous seller or any other intermediary, the final seller shall be entitled to pursue remedies against the person or persons liable in the contractual chain. 2. Member States shall establish the remedies refereed in paragraph 1 and conditions of exercise.
Amendment 500 #
Proposal for a regulation
Annex 1 – Article 158 c (new)
Annex 1 – Article 158 c (new)
Reporting and review of unfair contract terms legislation The European Commission shall by [xxx] submit a report to the European Parliament on the application of Directive 93/13/EEC on unfair terms in consumer contracts in different sectors which fall within its scope of application, and as appropriate, present proposals to the European Parliament and the Council for amending it.