14 Amendments of Eva MAYDELL related to 2018/0090(COD)
Amendment 95 #
Proposal for a directive
Recital 15
Recital 15
(15) Member States should ensure that remedies are available for consumers harmed by unfair commercial practices in order to eliminate all the effects of those unfair practices. In order to meet that objective, Member States should make both contractual and non-contractual remedies available. As a minimum, the contractual remedies provided by the Member States should include the right to price reduction or to contract termination. Non-contractual remedies provided under national law should, as a minimum, include the right to compensation for damages. Member States would not be prevented from maintaining or introducing rights to additional remedies for consumers harmed by unfair commercial practices in order to ensure full removal of the effects of such practices.
Amendment 178 #
Proposal for a directive
Recital 42
Recital 42
(42) Such a practice can therefore be qualified as contrary to Directive 2005/29/EC based on a case by case assessment of relevant elements. In order to facilitate the application of existing law by Member States' consumer and food authorities, guidance on the application of current EU rules to situations of dual quality of food products was provided in the Commission Notice of 26.9.2017 'on the application of EU food and consumer protection law to issues of Dual Quality of products – The specific case of food'.46 In this context, the Commission's Joint Research Centre is currently developing a common approach to the comparative tehas developed an EU harmonised testing methodology to comparatively assess quality related characteristingcs of food products. __________________ 46 C(2017)6532.
Amendment 183 #
Proposal for a directive
Recital 43
Recital 43
(43) However, the enforcement experience has shown that it may be unclear to consumers, traders and national competent authorities which commercial practices could be contrary to the Directive 2005/29/EC in the absence of an explicit provision. Therefore, Directive 2005/29/EC should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as bewith seemingly identical to the same product marketed in several other Member States, where those products have significantly different composition or characteristicspresentation to another product, which is marketed under the same brand but presents differences in composition or sensory profile, as defined by the EU harmonised testing methodology developed by the Commission's Joint Research Centre. Competent authorities should assess and address on a case by case basis such practices according to the provisions of the Directive. In undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers, a trader's right to adapt products of the same brand for different geographical markets due to legitimate factors, such as availability or seasonality of raw materials, defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as the traders' right to offer products of the same brand in packages of different weight or volume in different geographical markets, and the recommendations on common interpretation defined by the High Level Forum for Better Functioning of the Supply Chain of found differences based on the EU harmonised testing methodology developed by the Commission's Joint Research Centre.
Amendment 189 #
Proposal for a directive
Recital 44
Recital 44
Amendment 200 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 209 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) Aany marketing of a product as bewith seemingly identical to the same product marketed in several other Member States, while those products have significantlypresentation to another product, which is marketed under the same brand but presents differentces in composition or characteristicssensory profile;
Amendment 238 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2005/29/EC
Article 11 a – paragraph 2
Article 11 a – paragraph 2
2. Contractual remedies shall include, as a minimum, the possibility for the consumer to obtain a price reduction or to unilaterally terminate the contract.
Amendment 302 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘contract for the supply of digital content which is not supplied on tangible medium’ means a contract under which a trader supplies or undertakes to supply specific digital content to the consumer and the consumer pays or undertakes to pay the price thereof. This also includes contracts where the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital content, or for the trader to comply with legal requirements to which the trader is subject, and the trader does not process this data for any other purpose;
Amendment 303 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘digital service’ means (a) a service that allowings the consumer theo creatione, processing or, storage of, or access to, data in digital form; or (b) a service that allowings the sharing of or any other interaction with data in digital form uploaded or created by the consumer and other users of that service, including video and audio sharing and other file hosting, word processing or games offered in the cloud computing environment and social media.
Amendment 306 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘digital service contract’ means a contract under which a trader supplies or undertakes to supply a digital service to the consumer and the consumer pays or undertakes to pay the price thereof. This also includes contracts where the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital service, or for the trader to comply with legal requirements to which the trader is subject, and the trader does not process this data for any other purpose;
Amendment 318 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive 2011/83/EU
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
(h) where applicable, any relevant interoperability of digital content and digital services with hardware and software that the trader is aware of or can reasonably be expected to have been aware ofdifferent from the ones with which digital content or services of the same type are normally used.
Amendment 323 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Directive 2011/83/EU
Article 6 – paragraph 1 – point s
Article 6 – paragraph 1 – point s
(s) where applicable, any relevant interoperability of digital content and digital services with hardware and software that the trader is aware of or can reasonably be expected to have been aware ofdifferent from the ones with which digital content or services of the same type are normally used.
Amendment 398 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point 1
Article 2 – paragraph 1 – point 8 – point 1
Directive 2011/83/EU
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 403 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point 1 a (new)
Article 2 – paragraph 1 – point 8 – point 1 a (new)
Directive 2011/83/EU
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
1a. The following paragraph is inserted: “2a. After the termination of the contract, the consumer shall refrain from using the digital content or digital service and from making it available to third parties.”