Progress: Procedure lapsed or withdrawn
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | JURI | ||
Committee Opinion | IMCO | Ashley FOX ( ECR), Robert ROCHEFORT ( ALDE), Matteo SALVINI ( ENF) | |
Committee Opinion | ECON | Thomas HÄNDEL ( GUE/NGL), Syed KAMALL ( ECR) |
Lead committee dossier:
Legal Basis:
TFEU 114-p1
Legal Basis:
TFEU 114-p1Subjects
Events
The European Parliament adopted by 416 votes to 159, with 65 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on a Common European Sales Law.
Parliament’s position adopted in first reading following the ordinary legislative procedure amended the Commission proposal as follows:
Objective and scope : the new Regulation should enable traders, in particular small or medium-sized enterprises (SMEs), to rely on a common set of rules and use the same contract terms for all their cross-border transactions.
Members proposed that t he Common European Sales Law should only apply to distance contracts , including online contracts. The rules should also be applicable to digital content or related services are provided using a cloud , in particular when digital content can be downloaded from the seller's cloud or temporarily stored in the provider's cloud.
It approximates the contract laws of the Member States not by requiring amendments to the first national contract- law regime , but by creating a second contract- law regime for contracts within its scope. This directly applicable second regime should be an integral part of the legal order applicable in the territory of the Member States . In so far as its scope allows and where parties have validly agreed to use it, the Common European Sales Law should apply instead of the first national contract-law regime within that legal order.
The Common European Sales Law should also govern the pre-contractual phase from the point where the parties refer to it during negotiations. Where a trader leaves open whether it is prepared to contract under the Common European Sales Law under the otherwise applicable law, it must comply with both sets of standards.
Relationship with Rome I: amendments were introduced to clarify the relationship between the Common European Sales Law and Regulation (EC) 593/2008 on the law applicable to contractual obligations (Rome I). It is proposed that the Common European Sales Law qualify as second regime within the legal order of each Member State. The agreement to use the Common European Sales Law is a choice between two different regimes within the same national legal order.
Linked contracts : The Common European Sales Law may also apply under certain conditions to mixed-purpose contracts and contracts linked with a credit element. Linked contracts shall be governed by national law applicable by virtue of the conflict of laws rules.
The following matters are covered :
pre-contractual duties to provide information; the conclusion of a contract including formal requirements; the right of withdrawal and its consequences; avoidance of the contract as a result of mistake, fraud, threat or unfair exploitation and the consequences of such avoidance; interpretation; contents and effects, including those of the relevant contract; the assessment and the effects of unfairness of contract terms; the rights and obligations of the parties; remedies for non-performance; restitution after avoidance or termination or in the case of a non-binding contract; prescription and preclusion of rights; sanctions available in the event of breach of the obligations and duties arising under its application.
Matters not addressed in the Common European Sales law are governed by the relevant rules of the national law applicable under Regulations (EC) No 593/2008 and (EC) No 864/2007 or any other relevant conflict-of-law rule.
Good faith and fair dealing : Members state that the principle of good faith and fair dealing is an important tool for finding equitable solutions on a case-by-case basis. They considered that ‘good faith and fair dealing’ means a standard of conduct characterised by honesty, openness and, insofar as may be appropriate, reasonable consideration for the interests of the other party to the transaction or relationship in question.
Digital content : Parliament amended the provisions regarding cases where digital content is not paid for with money. It considered that the buyer –who may have provided personal data instead of a price - should be able to have recourse to the full range of remedies – such as termination or restitution- except price reduction, since he did not pay a price. Furthermore, there are specific provisions made for the return of digital content in this case.
Prescription period : Members proposed that the long period of prescription should be 6 years (rather than 10 years) bearing in mind prescription periods in Member States. They have made amendments to the Chapter relating to prescriptions.
Flanking measures : Members proposed a number of additional provisions in order to anchor flanking measures in the operative part of the text. These concern the database of judgments, the link with alternative dispute resolution, as well as the elaboration of EU-wide standard model contracts.
Review: this should take into account, amongst other matters, the need for new rules relating to retention of title clauses. Particular consideration shall further be given to whether the limitation in respect of distance, and in particular online contracts, remains appropriate or whether it may be feasible to widen its scope to cover, inter alia, on-premises contracts.
The Committee on Legal Affairs adopted the report by Klaus-Heiner LEHNE (EPP, DE) and Luigi BERLINGUER (S&D, IT) on the proposal for a regulation of the European Parliament and of the Council on a Common European Sales Law.
The Committee on the Internal Market and Consumer Protection, exercising its prerogatives as an associated committee under Parliament’s Rule 50 of the Rules of Procedure, also gave an opinion on the report.
The committee recommended that the Parliament’s position adopted in first reading following the ordinary legislative procedure should amend the Commission proposal. The key amendments are as follows:
Structure: the report proposed merging regulation and annex, so as to obtain one consolidated and integrated instrument.
Purpose: the Common European Sales Law must be established within the legal order of each Member State. Members stressed the need to protect small or medium-sized enterprises ('SMEs').
Scope: The Common European Sales Law will only apply to distance contracts , including online contracts. The rules will also be applicable to digital content or related services are provided using a cloud , in particular when digital content can be downloaded from the seller's cloud or temporarily stored in the provider's cloud.
The Common European Sales Law may also apply under certain conditions to mixed-purpose contracts and contracts linked with a credit element. Linked contracts shall be governed by national law applicable by virtue of the conflict of laws rules.
Relationship with Rome I: the amendments aim to clarify the relationship between the Common European Sales Law and Regulation (EC) 593/2008 on the law applicable to contractual obligations (Rome I)
Members proposed that the Common European Sales Law qualify as second regime within the legal order of each Member State. The agreement to use the Common European Sales Law is a choice between two different regimes within the same national legal order. This is not to be confused with a choice between two legal orders.
Once there is a valid agreement to use the Common European Sales Law, only the latter govern the matters falling within its scope.
The Common European Sales Law should also govern the pre-contractual phase from the point where the parties refer to it during negotiations. Where a trader leaves open whether it is prepared to contract under the Common European Sales Law under the otherwise applicable law, it must comply with both sets of standards.
Areas covered : in the interest of clarity and legal certainty, Members stipulated clearly, within the operative part of text, which areas are covered, and also provided a list of issues that are not covered
The following matters are covered : (i) pre-contractual duties to provide information; (ii) the conclusion of a contract including formal requirements; (iii) the right of withdrawal and its consequences; (iv) avoidance of the contract as a result of mistake, fraud, threat or unfair exploitation and the consequences of such avoidance; (v) interpretation; (vi) contents and effects, including those of the relevant contract; (vii) the assessment and the effects of unfairness of contract terms; (viii) the rights and obligations of the parties; (ix) remedies for non-performance; (x) restitution after avoidance or termination or in the case of a non-binding contract; (xi) prescription and preclusion of rights; (xii) sanctions available in the event of breach of the obligations and duties arising under its application.
Matters not addressed in the Common European Sales law are governed by the relevant rules of the national law applicable under Regulations (EC) No 593/2008 and (EC) No 864/2007 or any other relevant conflict-of-law rule.
Good faith and fair dealing : Members state that the principle of good faith and fair dealing is an important tool for finding equitable solutions on a case-by-case basis. They considered that ‘good faith and fair dealing’ means a standard of conduct characterised by honesty, openness and, insofar as may be appropriate, reasonable consideration for the interests of the other party to the transaction or relationship in question.
Digital content: Members amended the provisions regarding cases where digital content is not paid for with money. They considered that the buyer –who may have provided personal data instead of a price - should be able to have recourse to the full range of remedies – such as termination or restitution- except price reduction, since he did not pay a price. Furthermore, there are specific provisions made for the return of digital content in this case.
Prescription period : Members proposed that the long period of prescription should be 6 years (rather than 10 years) bearing in mind prescription periods in Member States. They have made amendments to the Chapter relating to prescriptions.
Flanking measures : Members proposed a number of additional provisions in order to anchor flanking measures in the operative part of the text. These concern the database of judgments, the link with alternative dispute resolution, as well as the elaboration of EU-wide standard model contracts.
Review: this should take into account, amongst other matters, the need for new rules relating to retention of title clauses. Particular consideration shall further be given to whether the limitation in respect of distance, and in particular online contracts, remains appropriate or whether it may be feasible to widen its scope to cover, inter alia, on-premises contracts.
The Council held an orientation debate on how to handle the further negotiations on the proposal for a regulation on a Common European Sales Law.
The Council was invited to address questions relating to:
the legal basis ; the need for the proposed Common European Sales Law; its scope; whether to start work on model contracts.
The debate showed that the views of member states on the proposal varied , but that despite the diverging views it was possible to draw a number of concrete conclusions on the organisation of further work on this dossier.
Even though approaches to the issue are different, there was overall agreement that work should start on the examination of the substance of the Annex to the proposal .
Even though a final position on the legal basis can be taken only once the final structure and scope of the proposal are clear, the diverging views on the question of the legal basis should not present an obstacle to starting work on examination of the Annex.
Particular emphasis was placed on the importance of allowing sufficient time for the proposal to be examined thoroughly during the actual examination of the Annex, taking account of the views and concerns of all the member states.
Moreover, it needed to be ensured during the examination of the Annex that the focus was on the question of the extent to which the individual parts of the proposal would work towards removing the actual practical obstacles to the internal market.
PURPOSE: to improve the establishment and the functioning of the internal market by facilitating the expansion of cross-border trade for business and cross-border purchases for consumers.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
BACKGROUND: differences in contract law between Member States and the additional transaction costs and complexity that they generate in cross-border transactions dissuade a considerable number of traders, in particular SME, from expanding into markets of other Member States. These differences also have the effect of limiting competition in the internal market. Currently, only one in ten traders in the Union exports goods within the Union and the majority of those who do, only export to a small number of Member States. The value of the trade foregone each year between Member States due to differences in contract law alone amounts to tens of billions of Euros .
With its 2001 Communication on European contract law, the Commission launched a process of extensive public consultation on the problems arising from differences between Member States' contract laws. In July 2010, the Commission launched a public consultation by publishing a 'Green Paper on policy options for progress towards a European contract law for consumers and businesses', which set out different policy options on how to strengthen the internal market by making progress in the area of European contract law.
In response to the Green Paper, the European Parliament issued a Resolution on 8 June 2011 in which it expressed its strong support for an instrument which would improve the establishment and the functioning of the internal market and bring benefits to traders, consumers and Member States' judicial systems.
The Commission Communication 'Europe 2020' recognises the need to make it easier and less costly for traders and consumers to conclude contracts with partners in other Member States, notably by making progress towards an optional European contract law. The Digital Agenda for Europe envisages an optional instrument in European contract law to overcome the fragmentation of contract law and boost consumer confidence in e-commerce.
IMPACT ASSESSMENT: the Impact Assessment analysed the seven policy options set out in the Green Paper. These options were: (1) the baseline scenario (no policy change); (2) a toolbox for the legislator; (3) a Recommendation on a Common European Sales Law; (4) a Regulation setting up an optional Common European Sales Law; (5) a Directive (full or minimum harmonisation) on a mandatory Common European Sales Law; (6i) a Regulation establishing a European contract law; (7) a Regulation establishing a European Civil Code.
The establishment of an optional uniform contract law regime (Option 4) was therefore reasoned to be the most proportionate action as it would reduce transaction costs experienced by traders exporting to several Member States and give consumers more product choice at a lower price
LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU).
CONTENT: t he Proposal provides for the establishment of a Common European Sales Law . It harmonises the national contract laws of the Member States not by requiring amendments to the pre-existing national contract law, but by creating within each Member State's national law a second contract law regime for contracts covered by its scope that is identical throughout the European Union and will exist alongside the pre-existing rules of national contract law.
This ‘second regime’ is characterised by the following features:
A contract law regime common to all Member States : the Common European Sales Law will be a 'second regime' of contract law that is identical in every Member State. It will be common for the whole of the EU. An optional regime : the choice of the Common European Sales Law will be voluntary. In line with the principle of freedom of contract, a trader is free to choose to offer a contract under this regime (opt-in system) or to remain with the existing national contract law. Focus on 'sales' contracts : the Common European Sales Law will introduce a self-standing and complete set of rules for sales transactions. This will in particular but not exclusively be useful for the online supply of goods. The Common European Sales Law could also be used, for example when buying music, films, software or applications that are downloaded from the internet. These products would be covered irrespective of whether they are stored on a tangible medium such as a CD or a DVD. Limited to cross-border contracts : the scope of the Common European Sales Law is focussed on cross-border situations where the problems of additional transactions costs and legal complexity arise. The Common European Sales Law is therefore targeted to where it is needed and is not available as a general substitute to existing national contract law. It is left to the discretion of Member States whether to give the regime a wider application. Member States thus have the choice to make the Common European Sales Law also available for domestic contracts – which could further reduce transaction costs for businesses active on the single market. Focus on B2C contracts and B2B contracts where at least one party is an SME : t he scope of the Common European Sales Law is focussed on aspects which pose real problems in cross-border transactions, i.e. business-to-consumer relations and business-to-business relations where at least one of the parties is an SME. Contracts concluded between private individuals (C2C) and contracts between traders where neither of the parties is an SME are not included. Identical set of consumer protection rules : the Regulation will establish for all the areas of contract law the same common level of consumer protection. A comprehensive set of contract law rules : t he Common European Sales Law includes rules that cover issues of contract law that are of practical relevance during the life-cycle of a cross-border contract. These issues fall within the areas of the rights and obligations of the parties and the remedies for non-performance, pre-contractual information duties, the conclusion of a contract (including formal requirements), the right of withdrawal and its consequences, avoidance resulting from a mistake, fraud or unfair exploitation, interpretation, the contents and effects of a contract, the assessment and consequences of unfairness of contract terms, restitution after avoidance and termination as well as prescription. It settles the sanctions available in case of the breach of the obligations and duties arising under its application. On the other hand, certain topics that are either very important for national laws or less relevant for cross-border contracts – such as rules on legal capacity, illegality/immorality or representation and the plurality of debtors and creditors – will not be addressed by the Common European Sales Law. These topics continue to be governed by the rules of the national law that is applicable under the Rome I Regulation. With an international dimension : the proposal also has an international vocation in that, in order to be applicable, it is sufficient that only one party is established in a Member State of the EU. This international vocation enables the Common European Sales Law to become a standard setter for international transactions in the area of sales contracts.
BUDGETARY IMPLICATION: after the adoption of the proposal, the Commission will set up a database for the exchange of information concerning final judgments referring to the Common European Sales Law or any other provision of the Regulation, as well as relevant judgements of the Court of Justice of the European Union. The costs associated with this data-base are likely to grow as more final judgments become available. At the same time, the Commission will organise training sessions for legal practitioners using the Common European Sales Law . These costs are likely to decrease with time, as knowledge about how the Common European Sales Law works spreads.
This Commission communication accompanies the proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law ( for details of this proposal, please refer to the summary of the initial legislative documents dated the same day ).
( 1) Barriers hindering cross-border trade : d espite these impressive successes, barriers between the EU Member States still remain. Many of these barriers result from differences between national legal systems . Among the main barriers that hinder cross-border trade are differences between the contract law systems of the EU’s 27 Member States.
Difficulties for traders (notably micro and small businesses): overcoming these hurdles means incurring transaction costs. The transaction costs to export to one other Member State could amount up to 7% of a micro retailer's annual turnover. To export to four Member States this cost could rise to 26% of its annual turnover. Traders who are dissuaded from cross-border transactions due to contract law obstacles forgo at least €26 billion in intra-EU trade every year. Difficulties for consumers : these differences make it more difficult to shop in countries other than their own, a situation which is particularly felt in the context of online purchases. 44% of consumers say that uncertainty about their rights discourages them from buying from other EU countries. While a third of consumers would consider buying online from another EU country if uniform European rules would apply, only 7% currently do. At least 3 million consumers had this experience over a one year period.
(2) The need for action at European Union level : the EU has been working on European contract law for a decade. With its 2001 Communication on European contract law, the Commission launched a process of extensive public consultation on the problems arising from differences between Member States' contract laws. The Commission subsequently financed the work of an international academic network which carried out the preparatory legal research. This research work was finalised at the end of 2008 and led to the publication of the Draft Common Frame of Reference as an academic text.
On 1 July 2010, the Commission launched a public consultation ( Green Paper ) on different ways to make contract law more coherent in the EU.
The European Parliament has for many years strongly supported the work on European contract law. In June 2011, in response to the Commission’s Green Paper, the Parliament voted a resolution with a four-fifths majority in support of optional EU-wide contract rules that would ease cross-border transactions (Option 4 of the Green Paper). The European Economic and Social Committee has also adopted an Opinion in favour of an optional advanced new regime on contract law.
Following the extensive consultation with stakeholders, and on the basis of an impact assessment, the Commission has decided to bring forward a proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law . This proposal is meant as a contribution to enhancing growth and trade in the internal market on the basis of freedom of contract and a high level of consumer protection. The proposal foresees a comprehensive set of uniform contract law rules covering the whole life-cycle of a contract , which would form part of the national law of each Member State as a 'second regime' of contract law. This ‘second regime’ is carefully targeted to those contracts that are most relevant to cross-border trade, and where the need for a solution to the barriers that have been identified is most apparent.
(3) Effectiveness of the Common European Sales Law : the Commission considers that an optional Common European Sales Law will be more effective than soft law solutions, such as a simple ‘toolbox’ (which, as a non-binding instrument, would not be able to give traders or consumers legal certainty for their transactions), because it will create a single and uniform set of contract law rules that will be directly available for businesses and consumers.
Advantages for business :
when a trader chooses the Common European Sales Law, it would be the only contract law rules that would apply in the area covered by its scope. Therefore, the trader would have to consider only one set of rules – those of the Common European Sales Law; the Common European Sales Law will ensure that businesses can substantially cut their transaction costs. In practice, a business seeking to expand into new markets would need to familiarise itself with just one contract law system in addition to the one with which it is already familiar. Once chosen, it represents a saving compared to the 26 national contract laws they would otherwise have to research to trade throughout the EU; for B2B contracts, use of the Common European Sales Law would add value by easing negotiations of the applicable law for SMEs. It could be easier to agree on a neutral law that is equally accessible for both parties in their own language.
Advantages for consumers :
the Common European Sales Law has been designed to provide consumers with a high level of protection , and is the same in all Member States so that it can be seen as a mark of quality that can be trusted by consumers when buying across borders; the proposal will guarantee that a consumer is always informed , and consents to the fact that the contract is concluded on the basis of the Common European Sales Law. This information must be provided by the trader to a consumer alongside a summary of the core rights protected by way of a standardised information notice; the greater availability of cross-border offers will benefit consumers as more competition in the internal market will provide more choice of products and the prospect of lower prices .
(4) Flanking measures : f ollowing suggestions made by the European Parliament, businesses, legal practitioners and consumer organisations, the Commission will work closely with all relevant stakeholders to help develop ‘European model contract terms’ for specialist areas of trade or sectors of activity. A model contract which has standard terms and conditions and is available in all official languages of the European Union could be helpful for traders wishing to conclude cross-border contracts for which the Common European Sales Law is chosen. The Commission will, within 3 months of the entry into force of the Common European Sales Law, start this process by setting up a Group of Experts.
By 2018 , the provisions of the Regulation itself will be reviewed taking into account, amongst others, the need to further extend the scope in relation to B2B contracts, market and technological developments in respect of digital content and future developments of Union acquis.
PURPOSE: to improve the establishment and the functioning of the internal market by facilitating the expansion of cross-border trade for business and cross-border purchases for consumers.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
BACKGROUND: differences in contract law between Member States and the additional transaction costs and complexity that they generate in cross-border transactions dissuade a considerable number of traders, in particular SME, from expanding into markets of other Member States. These differences also have the effect of limiting competition in the internal market. Currently, only one in ten traders in the Union exports goods within the Union and the majority of those who do, only export to a small number of Member States. The value of the trade foregone each year between Member States due to differences in contract law alone amounts to tens of billions of Euros .
With its 2001 Communication on European contract law, the Commission launched a process of extensive public consultation on the problems arising from differences between Member States' contract laws. In July 2010, the Commission launched a public consultation by publishing a 'Green Paper on policy options for progress towards a European contract law for consumers and businesses', which set out different policy options on how to strengthen the internal market by making progress in the area of European contract law.
In response to the Green Paper, the European Parliament issued a Resolution on 8 June 2011 in which it expressed its strong support for an instrument which would improve the establishment and the functioning of the internal market and bring benefits to traders, consumers and Member States' judicial systems.
The Commission Communication 'Europe 2020' recognises the need to make it easier and less costly for traders and consumers to conclude contracts with partners in other Member States, notably by making progress towards an optional European contract law. The Digital Agenda for Europe envisages an optional instrument in European contract law to overcome the fragmentation of contract law and boost consumer confidence in e-commerce.
IMPACT ASSESSMENT: the Impact Assessment analysed the seven policy options set out in the Green Paper. These options were: (1) the baseline scenario (no policy change); (2) a toolbox for the legislator; (3) a Recommendation on a Common European Sales Law; (4) a Regulation setting up an optional Common European Sales Law; (5) a Directive (full or minimum harmonisation) on a mandatory Common European Sales Law; (6i) a Regulation establishing a European contract law; (7) a Regulation establishing a European Civil Code.
The establishment of an optional uniform contract law regime (Option 4) was therefore reasoned to be the most proportionate action as it would reduce transaction costs experienced by traders exporting to several Member States and give consumers more product choice at a lower price
LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU).
CONTENT: t he Proposal provides for the establishment of a Common European Sales Law . It harmonises the national contract laws of the Member States not by requiring amendments to the pre-existing national contract law, but by creating within each Member State's national law a second contract law regime for contracts covered by its scope that is identical throughout the European Union and will exist alongside the pre-existing rules of national contract law.
This ‘second regime’ is characterised by the following features:
A contract law regime common to all Member States : the Common European Sales Law will be a 'second regime' of contract law that is identical in every Member State. It will be common for the whole of the EU. An optional regime : the choice of the Common European Sales Law will be voluntary. In line with the principle of freedom of contract, a trader is free to choose to offer a contract under this regime (opt-in system) or to remain with the existing national contract law. Focus on 'sales' contracts : the Common European Sales Law will introduce a self-standing and complete set of rules for sales transactions. This will in particular but not exclusively be useful for the online supply of goods. The Common European Sales Law could also be used, for example when buying music, films, software or applications that are downloaded from the internet. These products would be covered irrespective of whether they are stored on a tangible medium such as a CD or a DVD. Limited to cross-border contracts : the scope of the Common European Sales Law is focussed on cross-border situations where the problems of additional transactions costs and legal complexity arise. The Common European Sales Law is therefore targeted to where it is needed and is not available as a general substitute to existing national contract law. It is left to the discretion of Member States whether to give the regime a wider application. Member States thus have the choice to make the Common European Sales Law also available for domestic contracts – which could further reduce transaction costs for businesses active on the single market. Focus on B2C contracts and B2B contracts where at least one party is an SME : t he scope of the Common European Sales Law is focussed on aspects which pose real problems in cross-border transactions, i.e. business-to-consumer relations and business-to-business relations where at least one of the parties is an SME. Contracts concluded between private individuals (C2C) and contracts between traders where neither of the parties is an SME are not included. Identical set of consumer protection rules : the Regulation will establish for all the areas of contract law the same common level of consumer protection. A comprehensive set of contract law rules : t he Common European Sales Law includes rules that cover issues of contract law that are of practical relevance during the life-cycle of a cross-border contract. These issues fall within the areas of the rights and obligations of the parties and the remedies for non-performance, pre-contractual information duties, the conclusion of a contract (including formal requirements), the right of withdrawal and its consequences, avoidance resulting from a mistake, fraud or unfair exploitation, interpretation, the contents and effects of a contract, the assessment and consequences of unfairness of contract terms, restitution after avoidance and termination as well as prescription. It settles the sanctions available in case of the breach of the obligations and duties arising under its application. On the other hand, certain topics that are either very important for national laws or less relevant for cross-border contracts – such as rules on legal capacity, illegality/immorality or representation and the plurality of debtors and creditors – will not be addressed by the Common European Sales Law. These topics continue to be governed by the rules of the national law that is applicable under the Rome I Regulation. With an international dimension : the proposal also has an international vocation in that, in order to be applicable, it is sufficient that only one party is established in a Member State of the EU. This international vocation enables the Common European Sales Law to become a standard setter for international transactions in the area of sales contracts.
BUDGETARY IMPLICATION: after the adoption of the proposal, the Commission will set up a database for the exchange of information concerning final judgments referring to the Common European Sales Law or any other provision of the Regulation, as well as relevant judgements of the Court of Justice of the European Union. The costs associated with this data-base are likely to grow as more final judgments become available. At the same time, the Commission will organise training sessions for legal practitioners using the Common European Sales Law . These costs are likely to decrease with time, as knowledge about how the Common European Sales Law works spreads.
Documents
- Commission response to text adopted in plenary: SP(2014)446
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading: T7-0159/2014
- Debate in Council: 3279
- Committee report tabled for plenary, 1st reading: A7-0301/2013
- Committee opinion: PE505.986
- Amendments tabled in committee: PE510.560
- Contribution: COM(2011)0635
- Committee draft report: PE505.998
- Committee opinion: PE491.011
- Debate in Council: 3172
- Economic and Social Committee: opinion, report: CES0800/2012
- Contribution: COM(2011)0635
- Contribution: COM(2011)0635
- Contribution: COM(2011)0635
- Contribution: COM(2011)0636
- Contribution: COM(2011)0635
- Contribution: COM(2011)0635
- Contribution: COM(2011)0635
- Contribution: COM(2011)0635
- Legislative proposal: COM(2011)0635
- Legislative proposal: EUR-Lex
- Document attached to the procedure: COM(2011)0636
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2011)1165
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2011)1166
- Legislative proposal published: COM(2011)0635
- Legislative proposal published: EUR-Lex
- Legislative proposal: COM(2011)0635 EUR-Lex
- Document attached to the procedure: COM(2011)0636 EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2011)1165
- Document attached to the procedure: EUR-Lex SEC(2011)1166
- Economic and Social Committee: opinion, report: CES0800/2012
- Committee opinion: PE491.011
- Committee draft report: PE505.998
- Amendments tabled in committee: PE510.560
- Committee opinion: PE505.986
- Commission response to text adopted in plenary: SP(2014)446
- Contribution: COM(2011)0636
- Contribution: COM(2011)0635
- Contribution: COM(2011)0635
- Contribution: COM(2011)0635
- Contribution: COM(2011)0635
- Contribution: COM(2011)0635
- Contribution: COM(2011)0635
- Contribution: COM(2011)0635
- Contribution: COM(2011)0635
Activities
- Luigi BERLINGUER
Plenary Speeches (3)
- 2016/11/22 Common European sales law (debate)
- 2016/11/22 Common European sales law (debate)
- 2016/11/22 Common European sales law (debate)
- Ashley FOX
Plenary Speeches (3)
- 2016/11/22 Common European sales law (debate)
- 2016/11/22 Common European sales law (debate)
- 2016/11/22 Common European sales law (debate)
- William (The Earl of) DARTMOUTH
Plenary Speeches (2)
- 2016/11/22 Common European sales law (debate)
- 2016/11/22 Common European sales law (debate)
- Eva LICHTENBERGER
Plenary Speeches (2)
- 2016/11/22 Common European sales law (debate)
- 2016/11/22 Common European sales law (debate)
- Jacek PROTASIEWICZ
Plenary Speeches (2)
- 2016/11/22 Common European sales law (debate)
- 2016/11/22 Common European sales law (debate)
- Alexandra THEIN
Plenary Speeches (2)
- 2016/11/22 Common European sales law (debate)
- 2016/11/22 Common European sales law (debate)
- Tadeusz ZWIEFKA
Plenary Speeches (2)
- 2016/11/22 Common European sales law (debate)
- 2016/11/22 Common European sales law (debate)
- Raffaele BALDASSARRE
Plenary Speeches (1)
- 2016/11/22 Common European sales law (debate)
- Slavi BINEV
Plenary Speeches (1)
- 2016/11/22 Common European sales law (debate)
- António Fernando CORREIA DE CAMPOS
Plenary Speeches (1)
- 2016/11/22 Common European sales law (debate)
- Giuseppe GARGANI
Plenary Speeches (1)
- 2016/11/22 Common European sales law (debate)
- Lidia Joanna GERINGER DE OEDENBERG
Plenary Speeches (1)
- 2016/11/22 Common European sales law (debate)
- Eduard-Raul HELLVIG
Plenary Speeches (1)
- 2016/11/22 Common European sales law (debate)
- Edvard KOŽUŠNÍK
Plenary Speeches (1)
- 2016/11/22 Common European sales law (debate)
- Antonio MASIP HIDALGO
Plenary Speeches (1)
- 2016/11/22 Common European sales law (debate)
- Hans-Peter MAYER
Plenary Speeches (1)
- 2016/11/22 Common European sales law (debate)
- Alajos MÉSZÁROS
Plenary Speeches (1)
- 2016/11/22 Common European sales law (debate)
- Miroslav MIKOLÁŠIK
Plenary Speeches (1)
- 2016/11/22 Common European sales law (debate)
- Francisco SOSA WAGNER
Plenary Speeches (1)
- 2016/11/22 Common European sales law (debate)
- Dimitar STOYANOV
Plenary Speeches (1)
- 2016/11/22 Common European sales law (debate)
- Catherine STIHLER
Plenary Speeches (1)
- 2016/11/22 Common European sales law (debate)
Votes
A7-0301/2013 - Klaus-Heiner Lehne et Luigi Berlinguer - Am 265 #
A7-0301/2013 - Klaus-Heiner Lehne et Luigi Berlinguer - Am 266 #
A7-0301/2013 - Klaus-Heiner Lehne et Luigi Berlinguer - Résolution législative #
Amendments | Dossier |
846 |
2011/0284(COD)
2012/07/23
ECON
18 amendments...
Amendment 10 #
Proposal for a regulation – The Committee on Economic and Monetary Affairs calls on the Committee on Legal Affairs, as the committee responsible, to propose rejection of the Commission proposal and calls on the Commission to conduct a comprehensive and transparent consultation of all interested stakeholders following the adoption of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights1, which modified consumer law significantly, and to prepare a revised, independent and comparative impact assessment of a Common European Sales Law and the alternative of model contracts before presenting a revised proposal, if such a law has been deemed to be cost-beneficial. _________________ 1 OJ L 304, 22.11.2011, p. 64.
Amendment 11 #
Proposal for a regulation Recital 35 (35) It is also appropriate to review the functioning of the Common European Sales Law or any other provision of this Regulation after five years of operation. The review should take into account, amongst other things, the need to extend further the scope in relation to business-to- business contracts, market and technological developments in respect of digital content and future developments of the Union acquis. In order to allow the Common European Sales Law to be used for more sophisticated contracts, such as contracts linked to insurance or financial services, the review should also take into account the possibility of extending its scope to encompass a comprehensive common European contract law, including rules on claims in tort, insurance and transport law, and a common European insolvency law, including rules on foreclosure.
Amendment 12 #
Proposal for a regulation Article 4 – paragraph 2 Amendment 13 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) sales contracts between a consumer and a trader;
Amendment 14 #
Proposal for a regulation Article 6 – paragraph 2 2. The Common European Sales Law may not be used for contracts between a trader and a consumer where the trader grants or promises to grant to the consumer credit in the form of a deferred payment, loan or other similar financial accommodation or where the trader offers insurance related to goods or services. The Common European Sales Law may be used for contracts between a trader and a consumer where goods, digital content or related services of the same kind are supplied on a continuing basis and the consumer pays for such goods, digital content or related services for the duration of the supply by means of instalments.
Amendment 15 #
Proposal for a regulation Article 7 – paragraph 1 1. The Common European Sales Law may be used only if the seller of goods or the supplier of digital content is a trader.
Amendment 16 #
Proposal for a regulation Article 13 – introductory part A Member State may decide to make the Common European Sales Law available as an optional instrument for:
Amendment 17 #
Proposal for a regulation Article 14 a (new) Article 14a Toolbox By ... [1 year after the date of application of this Regulation], the Commission shall present a comprehensive 'toolbox' to complement the Common European Sales Law. That toolbox shall at least include a model contract with standard terms and conditions under the Common European Sales Law and information on how this Regulation interacts with Directive XXX/XXXX/EU of the European Parliament and of the Council of ... on alternative dispute resolution for consumers1 and Regulation (EU) No YYYY/YYYY of the European Parliament and of the Council of ... on online dispute resolution for consumer disputes2. __________________ 1 OJ L ... 2 OJ L ...
Amendment 18 #
Proposal for a regulation Article 15 – paragraph 1 1. By … [4 years after the date of application of this Regulation], Member States shall provide the Commission with information relating to the application of this Regulation, in particular on the level of acceptance of the Common European Sales Law by SME and non-SME traders, the extent to which its provisions have given rise to litigation and on the state of play concerning differences in the level of consumer protection between the Common European Sales Law and national law. That information shall include a comprehensive overview of the case law of the national courts interpreting the provisions of the Common European Sales Law.
Amendment 19 #
Proposal for a regulation Article 15 – paragraph 1 1. By … [4 years after the date of application of this Regulation], Member States shall provide the Commission with information relating to the application of this Regulation, assessing in particular
Amendment 20 #
Proposal for a regulation Article 15 – paragraph 2 2. By … [5 years after the date of application of this Regulation], the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a detailed report reviewing the operation of this Regulation, and taking account of, amongst others, the need to extend the scope in relation to business-to-business contracts, market and technological developments in respect of digital content and future developments of the Union acquis. The review shall, in particular, assess whether the application of the Common European Sales Law has helped to increase consumer confidence in cross-border trade and to reduce transaction costs. It shall also evaluate the impact on vulnerable consumers, and shall assess the extent to which the exceptions from the scope of the Common European Sales Law (such as issues relating to legal capacity, representation or transfer of ownership) have undermined the expected results. Furthermore, in order to maintain the high level of consumer protection under the Common European Sales Law, the report shall take due account of any changes made in the interim to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights1. __________________ 1 OJ L 304, 22.11.2011, p. 64.
Amendment 21 #
Proposal for a regulation Annex 1 – Article 1 – paragraph 2 Amendment 22 #
Proposal for a regulation Annex I – Article 4 – paragraph 2 2. Issues within the scope of the Common European Sales Law but not expressly settled by it are to be settled in accordance with the
Amendment 23 #
Proposal for a regulation Annex 1 – Article 14 – paragraph 2 2. In the case of a contract of indeterminate duration or a contract containing a subscription, the total price must include the total price per billing period. Where such contracts are charged at a fixed rate, the total price must include the total monthly price. Where the total price cannot be reasonably calculated in advance, the manner in which the price is to be calculated must be provided. Where elements of the price are subject to change at the discretion of the trader, the dates and amounts of the last three changes, where applicable, must be provided.
Amendment 24 #
Proposal for a regulation Annex 1 – Article 14 - paragraph 3 a (new) 3a. Where prices included in the total price are subject to exchange rates, this must be clearly indicated along with the current applicable exchange rate, the exchange rate index used in calculating the applicable exchange rate and the date on which the applicable exchange rate will be determined.
Amendment 25 #
Proposal for a regulation Annex 1 – Article 20 – paragraph 1 – point b (b) the total price and additional charges and costs, in accordance with Article 14
Amendment 26 #
Proposal for a regulation Annex 1 – Article 25 – paragraph 1 1. Where a distance contract which is concluded by electronic means would oblige the consumer to make a payment, the trader must make the consumer aware in a clear and prominent manner, and immediately before the consumer places the order, of the information required by point (a) of Article 13 (1), Article 14
Amendment 27 #
Proposal for a regulation Annex 1 – Article 79 – paragraph 2 2. Where the contract can be maintained without the unfair contract term, the other contract terms remain binding on the party which has supplied the unfair contract term.
source: PE-494.502
2013/02/27
IMCO
323 amendments...
Amendment 100 #
Proposal for a regulation Article 7 – paragraph 1 1. The Common European Sales Law may be used only if the seller of goods or
Amendment 101 #
Proposal for a regulation Article 8 A
Amendment 102 #
Proposal for a regulation Article 8 – paragraph 1 1. The use of the Common European Sales Law requires an agreement of the parties to that effect. The existence of such an agreement and its validity shall be
Amendment 103 #
Proposal for a regulation Article 8 – paragraph 3 a (new) 3a. Once entered into, an agreement on the use of the Common European Sales Law cannot be waived, unless both parties expressly consent to this.
Amendment 104 #
Proposal for a regulation Article 9 Amendment 105 #
Proposal for a regulation Article 10 Amendment 106 #
Proposal for a regulation Article 11 Amendment 107 #
Proposal for a regulation Article 12 Amendment 108 #
Proposal for a regulation Article 12 Amendment 109 #
Proposal for a regulation Article 13 A
Amendment 110 #
Proposal for a regulation Article 14 – title Communication of judgments applying this
Amendment 111 #
Proposal for a regulation Article 14 – paragraph 1 1. Member States shall ensure that final judgments of their courts applying the rules of this
Amendment 112 #
Proposal for a regulation Article 15 Amendment 113 #
Proposal for a regulation Article 16 – paragraph 1 1. This
Amendment 114 #
Proposal for a regulation Article 16 – paragraph 2 – subparagraph 1 Amendment 115 #
Proposal for a regulation Article 16 – paragraph 2 – subparagraph 2 Amendment 116 #
Proposal for a regulation Article 16 a (new) Article 16a Addressees This Directive is addressed to the Member States.
Amendment 121 #
Proposal for a regulation Annex I – Article 13 – paragraph 1 – introductory part 1.
Amendment 122 #
Proposal for a regulation Annex I – Article 13 – paragraph 1– point f (f)
Amendment 123 #
Proposal for a regulation Annex I – Article 13 – paragraph 1 – point h (h)
Amendment 124 #
Proposal for a regulation Annex I – Article 13 – paragraph 1 – point i (i)
Amendment 125 #
Proposal for a regulation Annex I – Article 13 – paragraph 2 2.
Amendment 126 #
Proposal for a regulation Annex I – Article 13 – paragraph 5 – point c (c) an off-premises contract if the price or,
Amendment 127 #
Proposal for a regulation Annex I – Article 17 – paragraph 2 2. Where applicable, the information to be provided under point (e) of Article 13(1) must include the fact that the consumer will have to bear the cost of returning the goods in case of withdrawal and, for distance contracts, that the consumer will have to bear the cost of returning the goods in the event of withdrawal even if the goods by their nature cannot be normally returned by post.
Amendment 128 #
Proposal for a regulation Annex I – Article 23 – paragraph 1 1. Before the conclusion of a contract for the sale of goods
Amendment 129 #
Proposal for a regulation Annex I – Article 23 – paragraph 2 – introductory part 2. In determining whether paragraph 1 requires the s
Amendment 130 #
Proposal for a regulation Annex I – Article 23 – paragraph 2 – point a (a) whether the s
Amendment 131 #
Proposal for a regulation Annex I – Article 23 – paragraph 2 – point b (b) the cost to the s
Amendment 132 #
Proposal for a regulation Annex I – Article 24 – paragraph 3 – point d (d) the languages offered for the conclusion of the contract and any subsequent communication;
Amendment 133 #
Proposal for a regulation Annex I – Article 24 – paragraph 3 – point e (e) the contract terms, as referred to in Article 16.
Amendment 134 #
Proposal for a regulation Annex I –Article 28 – paragraph 2 2. A party to whom incorrect or misleading information has been supplied in an unexcused breach of the duty referred to in paragraph 1, and
Amendment 135 #
Proposal for a regulation Annex I – Article 29 – paragraph 1 1. A party which has, without an excuse, failed to comply with any duty imposed by this Chapter is liable for
Amendment 136 #
Proposal for a regulation Annex I – Article 40 – paragraph 1 – point b (b) an off-premises contract, provided that the price or, where multiple contracts were concluded at the same time, the total price of the contracts exceeds EUR
Amendment 137 #
Proposal for a regulation Annex I – Article 40 – paragraph 3 – point e a (new) (ea) where contracts are established, in accordance with the laws of Member States, by a public office-holder who has a statutory obligation to be independent and impartial and who must ensure, by providing comprehensive legal information, that a consumer concludes a contract only on the basis of careful legal consideration and with knowledge of its legal scope;
Amendment 138 #
Proposal for a regulation Annex I – Article 41 – paragraph 3 3. Where the trader gives the consumer the option to withdraw electronically on its trading website, and the consumer does so, the trader has a duty to communicate to the consumer an acknowledgement of receipt of such a withdrawal on a durable medium without delay.
Amendment 139 #
Proposal for a regulation Annex I – Article 42 – paragraph 1 – point a (a) the day on which the consumer or a third party designated by the consumer has taken delivery of the goods in the case of a sales contract, including a sales contract under which the seller also agrees to provide related services;
Amendment 140 #
Proposal for a regulation Annex I – Article 43 – paragraph 1 a (new) 1a. Chapter 17 shall apply.
Amendment 141 #
Proposal for a regulation Annex 1 – Article 45 – paragraph 2 2. The consumer must bear the direct costs of returning the goods, unless the trader has agreed to bear those costs or the trader failed to inform the consumer before the contract was concluded that the consumer has to bear them in the event of withdrawal.
Amendment 142 #
Proposal for a regulation Annex I – Article 45 – paragraph 3 3. The consumer is liable, in accordance with Article 173, for any diminished value of the goods only
Amendment 143 #
Proposal for a regulation Annex I – Article 45 – paragraph 5 5. Where the consumer exercises the right of withdrawal after having made an express request for the provision of related services to begin during the withdrawal period, the consumer must pay to the trader an amount which is in proportion to what
Amendment 144 #
Proposal for a regulation Annex I – Article 46 – paragraph 1 1. Where a consumer exercises the right of withdrawal from a distance or an off- premises contract in accordance with Articles 41 to 45, any ancillary contracts are automatically terminated at no cost to the consumer except as provided in paragraphs 2 and 3.
Amendment 146 #
Proposal for a regulation Annex 1 – Article 64 – paragraph 2 a (new) 2a. Where there is doubt, the interpretation in favour of consumers under Article 64(1) shall prevail over the general interpretation under Articles 58, 59, 60 and 61, through which the contents of the contract are identified, and the interpretation based on effect under Article 63.
Amendment 147 #
Proposal for a regulation Annex 1 – Article 67 – paragraph 2 Amendment 148 #
Proposal for a regulation Annex 1 – Article 68 – introductory part 1. Where it is necessary to provide for a matter which is not explicitly regulated by the agreement of the parties, any usage
Amendment 149 #
Proposal for a regulation Annex 1 – Article 69 – paragraph 1– introductory part 1. Where the trader publicly makes a statement before the contract is concluded
Amendment 150 #
Proposal for a regulation Annex 1 – Article 69 – paragraph 3 3. Where the other party is a consumer then, for the purposes of paragraph 1, a public statement made by or on behalf of a producer or other person within the meaning of paragraph 2 in earlier links of the chain of transactions leading to the contract is regarded as being made by the trader unless the trader, at the time of conclusion of the contract, did not know and could not be expected to have known of it.
Amendment 151 #
Proposal for a regulation Annex 1 – Article 70 – paragraph 2 Amendment 152 #
Proposal for a regulation Annex 1 – Article 70 – paragraph 2 a (new) 2a. A party shall be considered to have taken the reasonable steps referred to in paragraph 1 if, when the contract was concluded, it has: (a) referred the other party to them explicitly or, where explicit reference, due to the way in which the contract is concluded, is possible only with disproportionate difficulty, by posting a clearly visible notice at the place where the contract is concluded, and (b) given the other party the opportunity to take note of their contents in an acceptable manner, and if the other party explicitly agrees to their application.
Amendment 153 #
Proposal for a regulation Annex 1 – Article 71 – paragraph 1 1. In a contract between a trader and a consumer, a contract term which obliges the consumer to make any payment in addition to the remuneration stated for the trader’s main contractual obligation
Amendment 154 #
Proposal for a regulation Annex 1 – Article 76 1. Where the language to be used for communications relating to the contract or the rights or obligations arising from it cannot be otherwise determined, the language to be used is that used for the conclusion of the contract. 2. Where the parties used two different languages for the conclusion of the contract, preference shall be given to the main language used. The only exception will be where one of the parties is a consumer. In this case, preference will be given to the language of the consumer.
Amendment 155 #
Proposal for a regulation Annex 1 – Article 77 – paragraph 1 1. Where, in a case involving continuous or repeated performance of a contractual obligation, the contract terms do not stipulate when the contractual relationship is to end or provide for it to be terminated upon giving notice to that effect, it may be terminated by either party
Amendment 157 #
Proposal for a regulation Annex 1 – Article 88 – paragraph 1 1. A party’s non-performance of an obligation is excused if it
Amendment 158 #
Proposal for a regulation Annex 1 – Article 91 Amendment 159 #
Proposal for a regulation Annex 1 – Article 91 – introductory part The seller of goods or
Amendment 16 #
Proposal for a regulation Title Proposal for a
Amendment 160 #
Proposal for a regulation Annex 1 – Article 92 Amendment 161 #
Proposal for a regulation Annex 1 – Article 92 – paragraph 3 3. In relations between a trader and a consumer the parties may not, to the detriment of the consumer, exclude the application of paragraph
Amendment 162 #
Proposal for a regulation Annex 1 – Article 93 Amendment 163 #
Proposal for a regulation Annex 1 – Article 93 – paragraph 1 – point a (a) in the case of a consumer sales contract or a contract for the supply of digital content which is a distance or off-premises contract, or in which the seller has undertaken to arrange carriage to the buyer, the consumer’s place of residence at the time of the conclusion of the contract or the place indicated by the consumer;
Amendment 164 #
Proposal for a regulation Annex 1 – Article 93 – paragraph 1 – point b – point i i) where the contract of sale involves carriage of the goods by a carrier or series of carriers, the
Amendment 165 #
Proposal for a regulation Annex 1 – Article 94 Amendment 166 #
Proposal for a regulation Annex 1 – Article 94 – paragraph 1 – point b (b) in other cases in which the contract involves carriage of the goods by a carrier or a series of carriers, by handing over the goods to the first carrier for transmission to the buyer and by handing over to the buyer any document
Amendment 167 #
Proposal for a regulation Annex 1 – Article 95 Amendment 168 #
Proposal for a regulation Annex 1 – Article 95 – paragraph 2 2. In contracts between a trader and a consumer, unless agreed otherwise by the parties, the trader must deliver the goods or
Amendment 169 #
Proposal for a regulation Annex 1 – Article 96 Amendment 17 #
Proposal for a regulation Recital 1 (1) Whereas: There are still considerable bottlenecks to cross-border economic activity that prevent the internal market from exploiting its full potential for growth and job creation.
Amendment 170 #
Proposal for a regulation Annex 1 – Article 97 Amendment 171 #
Proposal for a regulation Annex 1 – Article 97 – paragraph 1 a (new) 1a. Articles 93 to 97 shall apply mutatis mutandis to repayment of the performance made after avoidance and termination of the contract.
Amendment 172 #
Proposal for a regulation Annex 1 – Article 98 Amendment 173 #
Proposal for a regulation Annex 1 – Article 99 – paragraph 1 – introductory part 1. The seller is obliged to deliver the goods or digital content in conformity with the contract. In order to conform with the contract, the goods or digital content must:
Amendment 174 #
Proposal for a regulation Annex 1 – Article 99 – paragraph 2 2. In order to conform with the contract the goods or digital content must also meet the requirements of Articles
Amendment 175 #
Proposal for a regulation Annex 1 – Article 99 – paragraph 3 Amendment 176 #
Proposal for a regulation Annex 1 – Article 99 – paragraph 3 3.
Amendment 177 #
Proposal for a regulation Annex 1 – Article 99 – paragraph 4 Amendment 178 #
Proposal for a regulation Annex 1 – Article 99 – paragraph 4 Amendment 179 #
Proposal for a regulation Annex 1 – Article 100 – introductory part Amendment 18 #
Proposal for a regulation Recital 2 (2) Contracts are the indispensable legal tool for every economic transaction.
Amendment 180 #
Proposal for a regulation Annex 1 – Article 100 – point c c) possess the qualities
Amendment 181 #
Proposal for a regulation Annex 1 – Article 100 – point e e) be supplied along with
Amendment 182 #
Proposal for a regulation Annex 1 – Article 100 – point f f) possess the qualities and performance capabilities indicated in any pre- contractual statement which forms part of the contract terms by virtue of Article 69;
Amendment 183 #
Proposal for a regulation Annex 1 – Article 100 – point f f) possess the qualities and performance capabilities indicated in any pre- contractual statement
Amendment 184 #
Proposal for a regulation Annex 1 – Article 100 – point g g) possess such qualities and performance capabilities as the buyer may reasonably expect. When
Amendment 185 #
Proposal for a regulation Annex 1 – Article 100 – point g g) possess such qualities and performance capabilities as the
Amendment 186 #
Proposal for a regulation Annex 1 – Article 101 – paragraph 2 Amendment 187 #
Proposal for a regulation Annex 1 – Article 102 Amendment 188 #
Proposal for a regulation Annex 1 – Article 102 – paragraph 1 1. The goods must be free from and the digital content must be cleared of any right or
Amendment 189 #
Proposal for a regulation Annex 1 – Article 103 Amendment 19 #
Proposal for a regulation Recital 3 Amendment 190 #
Proposal for a regulation Annex 1 – Article 104 Amendment 191 #
Proposal for a regulation Annex 1 – Article 104 – title Buyer’s knowledge of lack of conformity
Amendment 192 #
Proposal for a regulation Annex 1 – Article 104 Amendment 193 #
Proposal for a regulation Annex 1 – Article 105 – paragraph 1 1. The seller is liable for any lack of conformity which exists at the time when the risk passes to the
Amendment 194 #
Proposal for a regulation Annex 1 – Article 105 – paragraph 2 2. In a consumer sales contract or a contract for the supply of digital content, any lack of conformity which becomes apparent within
Amendment 195 #
Proposal for a regulation Annex 1 – Article 105 – paragraph 3 3. In a case governed by point (a) of Article 101(1) any reference in paragraphs 1 or 2 of this Article to the time when risk passes to the buyer is to be read as a reference to the time when the installation is complete. In a case governed by point (b) of Article 101(1) it is to be read as a reference to the time when the consumer had or could have had reasonable time for the installation.
Amendment 196 #
Proposal for a regulation Annex 1 – Article 105 – paragraph 5 Amendment 197 #
Proposal for a regulation Annex 1 – Article 106 – paragraph 1 – introductory part 1. In the case of non-performance of
Amendment 198 #
Proposal for a regulation Annex 1 – Article 106 – paragraph 1 – point a (a) require performance, which includes specific performance, repair or replacement of the goods or digital content
Amendment 199 #
Proposal for a regulation Annex 1 – Article 106 – paragraph 1 – point b (b) to withhold the buyer’s own performance
Amendment 20 #
Proposal for a regulation Recital 4 (4)
Amendment 200 #
Proposal for a regulation Annex 1 – Article 106 – paragraph 1 – point c (c) terminate the contract under
Amendment 201 #
Proposal for a regulation Annex 1 – Article 106 – paragraph 1 – point d (d) reduce the price
Amendment 202 #
Proposal for a regulation Annex 1 – Article 106 – paragraph 1 – point e (e) claim damages
Amendment 203 #
Proposal for a regulation Annex 1 – Article 106 – paragraph 2 – introductory part 2. I
Amendment 204 #
Proposal for a regulation Annex 1 – Article 106 – paragraph 2 – point a Amendment 205 #
Proposal for a regulation Annex 1 – Article 106 – paragraph 2 – point b Amendment 206 #
Proposal for a regulation Annex 1 – Article 106 – paragraph 3 – introductory part 3.
Amendment 207 #
Proposal for a regulation Annex 1 – Article 106 – paragraph 3 – point a Amendment 208 #
Proposal for a regulation Annex 1 – Article 106 – paragraph 3 – point a (a) the
Amendment 209 #
Proposal for a regulation Annex 1 – Article 106 – paragraph 3 – point b Amendment 21 #
Proposal for a regulation Recital 5 Amendment 210 #
Proposal for a regulation Annex 1 – Article 106 – paragraph 4 4.
Amendment 211 #
Proposal for a regulation Annex 1 – Article 106 – paragraph 5 Amendment 212 #
Proposal for a regulation Annex 1 – Article 106 – paragraph 6 Amendment 213 #
Proposal for a regulation Annex 1 – Article 107 Amendment 214 #
Proposal for a regulation Annex 1 – Article 107 Where digital content is not supplied in exchange for the payment of a price or any other consideration, the buyer may not resort to the remedies referred to in points (a) to (d) of Article 106(1) . The buyer may only claim damages under point (e) of Article 106 (1) for loss or damage caused to the buyer's property, including hardware, software and data, by the lack of conformity of the supplied digital content, except for any gain of which the buyer has been deprived by that damage.
Amendment 215 #
Proposal for a regulation Annex 1 – Article 108 Amendment 217 #
Proposal for a regulation Annex 1 – Article 109 – paragraph 1 1. A se
Amendment 218 #
Proposal for a regulation Annex 1 – Article 109 – paragraph 2 2. In cases not covered by paragraph 1 a se
Amendment 219 #
Proposal for a regulation Annex 1 – Article 109 – paragraph 4 – introductory part 4. The
Amendment 22 #
Proposal for a regulation Recital 6 Amendment 220 #
Proposal for a regulation Annex 1 – Article 109 – paragraph 4 – point a Amendment 221 #
Proposal for a regulation Annex 1 – Article 109 – paragraph 4 – point b Amendment 222 #
Proposal for a regulation Annex 1 – Article 109 – paragraph 5 5. The se
Amendment 223 #
Proposal for a regulation Annex 1 – Article 109 – paragraph 6 Amendment 224 #
Proposal for a regulation Annex 1 – Article 109 – paragraph 7 7. Notwithstanding cure, the
Amendment 225 #
Proposal for a regulation Annex 1 – Article 110 Amendment 226 #
Proposal for a regulation Annex 1 – Article 111 – paragraph 1 – introductory part 1.
Amendment 227 #
Proposal for a regulation Annex 1 – Article 111 – paragraph 2 2. If the consumer has required the remedying of the lack of conformity by repair or replacement pursuant to paragraph 1, the consumer may resort to other remedies only if the trader has declined to carry out or has not completed repair or replacement within a reasonable time, not exceeding 30 days. However, the consumer may withhold performance during that time.
Amendment 228 #
Proposal for a regulation Annex 1 – Article 111 – paragraph 2 2. If the consumer has required the remedying of the lack of conformity by repair or replacement pursuant to paragraph 1, the consumer may resort to other remedies only if
Amendment 229 #
Proposal for a regulation Annex 1 – Article 111 – paragraph 2 – points a to c (new) (a) the trader has not completed repair or replacement within a reasonable time, not exceeding 30 days; (b) the trader has implicitly or explicitly refused to remedy the lack of conformity; (c) the same fault has occurred again following repair or replacement.
Amendment 23 #
Proposal for a regulation Recital 7 Amendment 230 #
Proposal for a regulation Annex 1 – Article 112 Amendment 231 #
Proposal for a regulation Annex 1 – Article 112 – paragraph 2 2. The buyer is not liable to pay for any use made of the replaced item in the period prior to the replacement. He is liable vis-à- vis the seller, pursuant to Article 173, for the deterioration of the item, for the destruction of the item or if he has already sold, altered or consumed the item.
Amendment 232 #
Proposal for a regulation Annex 1 – Article 113 Amendment 233 #
Proposal for a regulation Annex 1 – Article 113 – paragraph 2 2. A buyer who is to perform before the seller performs and who reasonably believes that there will be non-performance by the seller or non-performance by the due date when the seller’s performance becomes due may withhold performance
Amendment 234 #
Proposal for a regulation Annex 1 – Article 113 – paragraph 3 3. The performance which may be withheld under this Article is the whole or part of the performance to the extent justified by the non-performance. Where the seller's obligations are to be performed in separate parts or are otherwise divisible, the buyer may
Amendment 235 #
Proposal for a regulation Annex 1 – Article 114 – paragraph 1 1.
Amendment 236 #
Proposal for a regulation Annex 1 – Article 114 – paragraph 2 2. I
Amendment 237 #
Proposal for a regulation Annex 1 – Article 115 Amendment 238 #
Proposal for a regulation Annex 1 – Article 116 A
Amendment 239 #
Proposal for a regulation Annex 1 – Article 116 a (new) Article 116a Termination on the grounds of a lack of an offer to cure A buyer may terminate the contract if the seller does not make an offer to cure immediately after receiving the buyer's notification of non-conformity, in accordance with Article 109.
Amendment 24 #
Proposal for a regulation Recital 8 Amendment 240 #
Proposal for a regulation Annex 1 – Article 117 Amendment 241 #
Proposal for a regulation Annex 1 – Article 118 A
Amendment 242 #
Proposal for a regulation Annex 1 – Article 119 Amendment 243 #
Proposal for a regulation Annex 1 – Article 119 – paragraph 1 1. The buyer loses the right to terminate under this Section if notice of termination is not given within
Amendment 244 #
Proposal for a regulation Annex 1 – Article 120 Amendment 245 #
Proposal for a regulation Annex 1 – Article 120 – paragraph 1 1. A buyer who accepts a performance not conforming to the contract within the meaning of Article 87(1)(a) may reduce the price
Amendment 246 #
Proposal for a regulation Annex 1 – Article 121 Amendment 247 #
Proposal for a regulation Annex 1 – Article 122 Amendment 249 #
Proposal for a regulation Annex 1 – Article 124 – paragraph 4 4. In a contract between a trader and a consumer, the consumer is not liable, in respect of the use of a given means of payment, for
Amendment 25 #
Proposal for a regulation Recital 9 (9) This
Amendment 250 #
Proposal for a regulation Annex 1 – Article 129 a (new) Article 129a Application mutatis mutandis Articles 124 to 128 shall apply mutatis mutandis to repayment of the price after avoidance and termination of the contract.
Amendment 251 #
Proposal for a regulation Annex 1 – Article 130 – paragraph 4 4. If the buyer knowingly retains the excess quantity it is treated as having been supplied under the contract and must be paid for at the contractual rate.
Amendment 252 #
Proposal for a regulation Annex 1 – Article 130 – paragraph 5 5. In a consumer sales contract paragraph 4 does not apply if the buyer reasonably believes that the seller has delivered the excess quantity intentionally and without error, knowing that it had not been ordered. In such cases the seller shall immediately collect the excess quantity delivered from the buyer, who shall not incur any costs as a result.
Amendment 254 #
Proposal for a regulation Annex 1 – Article 132 – paragraph 2 2. Where the buyer has not yet
Amendment 255 #
Proposal for a regulation Annex 1 – Article 140 Amendment 256 #
Proposal for a regulation Annex 1 – Article 141 Amendment 257 #
Proposal for a regulation Annex 1 – Article 141 a (new) Amendment 258 #
Proposal for a regulation Annex 1 – Article 142 – title Passing of risk in a con
Amendment 259 #
Proposal for a regulation Annex 1 – Article 142 – paragraph 1 Amendment 26 #
Proposal for a regulation Recital 10 Amendment 260 #
Proposal for a regulation Annex 1 – Article 142 – paragraph 3 Amendment 261 #
Proposal for a regulation Annex 1 – Article 142 – paragraph 3 3.
Amendment 262 #
Proposal for a regulation Annex 1 – Article 142 – paragraph 4 Amendment 263 #
Proposal for a regulation Annex 1 – Article 142 – paragraph 5 Amendment 264 #
Proposal for a regulation Annex 1 – Article 142 a (new) Amendment 265 #
Proposal for a regulation Annex 1 – Article 143 Amendment 266 #
Proposal for a regulation Annex 1 – Article 144 Amendment 267 #
Proposal for a regulation Annex 1 – Article 145 Amendment 268 #
Proposal for a regulation Annex 1 – Article 146 Amendment 269 #
Proposal for a regulation Annex 1 – Article 147 A
Amendment 27 #
Proposal for a regulation Recital 11 (11) The Common European Sales Law should comprise of a complete set of fully harmonised mandatory consumer protection rules. In line with Article 114(3) of the Treaty, those rules should guarantee a high level of consumer protection, in particular, with a view to enhancing consumer confidence in the Common European Sales Law and
Amendment 270 #
Proposal for a regulation Annex 1 – Article 147 – paragraph 2 2. Where a sales contract
Amendment 271 #
Proposal for a regulation Annex 1 – Chapter 15 – Section 2 – title Amendment 272 #
Proposal for a regulation Annex 1 – Article 148 – paragraph 2 2. In the absence of any express or implied contractual obligation to achieve a specific result, the service provider must perform the related service with the care and skill which a reasonable service provider would exercise
Amendment 273 #
Proposal for a regulation Annex 1 – Article 148 – paragraph 4 4. Where in a contract between a trader and a c
Amendment 274 #
Proposal for a regulation Annex 1 – Article 148 – paragraph 5 Amendment 275 #
Proposal for a regulation Annex 1 – Article 149 – paragraph 1 a (new) 1a. This article shall be without prejudice to general or specific obligations to prevent damage applicable under existing national law.
Amendment 276 #
Proposal for a regulation Annex 1 – Article 150 – paragraph 1 1.
Amendment 277 #
Proposal for a regulation Annex 1 – Article 150 – paragraph 1 a (new) 1a. The service provider must obtain the express consent of the consumer before entrusting performance to another person pursuant to paragraph 1.
Amendment 278 #
Proposal for a regulation Annex 1 – Article 150 – paragraph 3 Amendment 279 #
Proposal for a regulation Annex 1 – Article 150 – paragraph 3 3. In relations between a trader and a consumer the parties may not, to the detriment of the consumer, exclude the application of paragraph 2 or derogate from or vary its effects unless the consumer expressly consents to this.
Amendment 28 #
Proposal for a regulation Recital 11 (11)
Amendment 280 #
Proposal for a regulation Annex 1 – Article 151 Where a separate price is payable for the related service, and the price is not a lump sum agreed at the time of conclusion of the contract, the service provider must provide the c
Amendment 281 #
Proposal for a regulation Annex 1 – Article 151 Where a separate price is payable for the related service, and the price is not a lump sum agreed at the time of conclusion of the contract, the service provider must provide the
Amendment 282 #
Proposal for a regulation Annex 1 – Article 152 – paragraph 1 – introductory part 1. The service provider must warn the c
Amendment 283 #
Proposal for a regulation Annex 1 – Article 152 – paragraph 1 – point a (a) the cost of the related service would be greater than already indicated by the service provider to the c
Amendment 284 #
Proposal for a regulation Annex 1 – Article 152 – paragraph 2 2. A service provider who fails to obtain the consent of the c
Amendment 285 #
Proposal for a regulation Annex 1 – Article 153 Amendment 286 #
Proposal for a regulation Annex 1 – Article 154 Amendment 288 #
Proposal for a regulation Annex 1 – Article 155 – paragraph 1 – introductory part 1. In the case of
Amendment 289 #
Proposal for a regulation Annex 1 – Article 155 – paragraph 1 – introductory part 1. In the case of non-performance of an obligation
Amendment 29 #
Proposal for a regulation Recital 12 Amendment 290 #
Proposal for a regulation Annex 1 – Article 155 – paragraph 2 2. Without prejudice to paragraph 3, the c
Amendment 291 #
Proposal for a regulation Annex 1 – Article 155 – paragraph 3 3. In the case of incorrect installation
Amendment 292 #
Proposal for a regulation Annex 1 – Article 155 – paragraph 4 4. The
Amendment 293 #
Proposal for a regulation Annex 1 – Article 155 – paragraph 5 Amendment 294 #
Proposal for a regulation Annex 1 – Article 155 – paragraph 5 a (new) 5a. Where a sales contract or a contract for the supply of digital content is terminated, any related service contract is also terminated.
Amendment 295 #
Proposal for a regulation Annex 1 – Article 156 Amendment 296 #
Proposal for a regulation Annex 1 – Article 157 Amendment 297 #
Proposal for a regulation Annex 1 – Article 158 – title C
Amendment 298 #
Proposal for a regulation Annex 1 – Article 158 – paragraph 1 1. The c
Amendment 299 #
Proposal for a regulation Annex 1 – Article 158 – paragraph 2 – introductory part Amendment 30 #
Proposal for a regulation Recital 13 Amendment 300 #
Proposal for a regulation Annex 1 – Article 158 – paragraph 2 – point b (b) the c
Amendment 301 #
Proposal for a regulation Annex 1 – Article 158 a (new) Article 158a Imperative nature of the Directive If the law applicable to the contract is the law of a Member State, consumers may not waive the rights conferred on them by the national measures transposing this Directive. Any contractual terms which directly or indirectly waive or restrict the rights resulting from this Directive shall not be binding on the consumer.
Amendment 302 #
Proposal for a regulation Annex 1 – Article 158 b (new) Article 158b Enforcement 1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive. 2. The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies, as determined by national law, may take action in accordance with national law before the courts or competent administrative bodies to ensure that the national provisions for the implementation of this Directive are applied: (a) public bodies or their representatives; (b) consumer organisations having a legitimate interest in protecting consumers; (c) professional organisations having a legitimate interest in acting.
Amendment 303 #
Proposal for a regulation Annex 1 – Article 158 c (new) Amendment 304 #
Proposal for a regulation Annex 1 – Article 158 d (new) Article 158d Reporting by the Commission and review By [...], the Commission shall submit a report on the application of this Directive to the European Parliament and the Council. The report shall be accompanied, where necessary, by legislative proposals to adapt this Directive to developments in the field of consumer rights.
Amendment 305 #
Proposal for a regulation Annex 1 – Article 158 e (new) Article 158e Implementation aspects (1) By […] Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of these measures in the form of documents. For the purposes of the report referred to in Article [...] (Reporting by the Commission and review), the Commission shall make use of these documents. It shall apply these measures from [...]. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. (2) The provisions of this Directive shall apply to consumer sales contracts concluded after [...].
Amendment 308 #
Proposal for a regulation Annex 1 – Chapter 16 – Section 2 a (new) – title Section 2a Late payments by consumers
Amendment 309 #
Proposal for a regulation Annex 1 – Article 167 – paragraph 1 1. When the debtor is a consumer, the creditor shall be entitled to claim interest for delay in payment
Amendment 31 #
Proposal for a regulation Recital 14 Amendment 310 #
Proposal for a regulation Annex 1 – Article 167 – paragraph 2 2. Interest does not start to run until 30 days after the creditor has given notice to the debtor specifying the obligation to pay interest and its rate. Notice may be given before the date when payment is due. Interest for delay in payment may be claimed only after it has become due.
Amendment 315 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 4 To exercise the right of withdrawal, you must inform us (2) of your decision to withdraw from this contract by a
Amendment 316 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 5 Amendment 317 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 6 Amendment 318 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 7 If you withdraw from this contract, we
Amendment 319 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 10 – point 1 – point b Amendment 32 #
Proposal for a regulation Recital 15 Amendment 320 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 10 – point 1 – point c Amendment 321 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 10 – point 1 – point d Amendment 322 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 10 – point 1 – point e Amendment 323 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 10 – point 2 Amendment 324 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 10 – point 3 3. If you give the option to the consumer to electronically fill in and submit information about his or her withdrawal from the contract on your website, insert the following: "You can also electronically fill in and submit the model withdrawal form or any other
Amendment 325 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 10 – point 4 Amendment 326 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 10 – point 5 – point a – indent 2 Amendment 327 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 2 Amendment 328 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 3 – If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: "You will have to bear the direct cost of returning the goods, ___ EUR [insert the amount]."; or if the cost of returning the goods cannot reasonably be calculated in advance: "You will have to bear the direct cost of returning the goods. The cost is estimated at
Amendment 329 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 4 Amendment 33 #
Proposal for a regulation Recital 16 Amendment 330 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 10 – point 5 – point c Amendment 331 #
Proposal for a regulation Annex 1 – Appendix 1 – paragraph 10 – point 6 6. In the case of a contract for the provision of
Amendment 332 #
Proposal for a regulation Annex 1 – Appendix 2 Amendment 333 #
Proposal for a regulation Annex 1 – Appendix 2– title Amendment 335 #
Proposal for a regulation Annex II – Title Amendment 336 #
Proposal for a regulation Annex II – paragraph 5 The trader has to give you the important
Amendment 337 #
Proposal for a regulation Annex II – paragraph 6 Amendment 338 #
Proposal for a regulation Annex II – paragraph 10 This list of rights is only a summary and therefore not exhaustive, nor does it contain all details. You can consult the full text of the Common European Sales Law and further information here. Please read your contract carefully.
Amendment 34 #
Proposal for a regulation Recital 17 (17) In order to reflect the increasing importance of the digital economy, the scope of th
Amendment 35 #
Proposal for a regulation Recital 18 (18) Digital content is often supplied not in exchange for a price but in combination with separate paid goods or services, involving a non-monetary consideration such as giving access to personal data or free of charge in the context of a marketing strategy based on the expectation that the consumer will purchase additional or more sophisticated digital content products at a later stage. In view of this specific market structure and of the fact that defects of the digital content provided may harm the economic interests of consumers irrespective of the conditions under which it has been provided, the
Amendment 36 #
Proposal for a regulation Recital 18 a (new) (18a) While Directive 2011/83/EU lays down provisions on the passing of risk in respect of goods, it remains necessary to complement those provisions by similar provisions on digital content, too, and, in the process, take account of the specific features of those products.
Amendment 37 #
Proposal for a regulation Recital 19 (19) With a view to maximising the added value of
Amendment 38 #
Proposal for a regulation Recital 20 (20) The Common European Sales Law should not cover any related contracts by which the buyer acquires goods or is supplied with a service, from a third party. This would not be appropriate because the third party is not part of the agreement between the contracting parties to use the rules of the Common European Sales Law. A related contract with a third party should be governed by the respective national law which is applicable according pursuant to Regulations (EC) No 593/2008 and (EC) No 864/2007 or any other relevant conflict of law rule. Where a consumer exercises the right of withdrawal from a contract to which the Common European Sales Law applies, ancillary contracts under Article 46(1), first sentence, should also be terminated, regardless of whether or not the Common European Sales Law applies to them.
Amendment 39 #
Proposal for a regulation Recital 20 (20)
Amendment 40 #
Proposal for a regulation Recital 21 Amendment 41 #
Proposal for a regulation Recital 22 Amendment 42 #
Proposal for a regulation Recital 23 Amendment 43 #
Proposal for a regulation Recital 24 Amendment 44 #
Proposal for a regulation Recital 25 Amendment 45 #
Proposal for a regulation Recital 26 Amendment 46 #
Proposal for a regulation Recital 27 (27) All the matters of a contractual or non-contractual nature that are not addressed in th
Amendment 47 #
Proposal for a regulation Recital 28 Amendment 48 #
Proposal for a regulation Recital 29 Amendment 49 #
Proposal for a regulation Recital 30 Amendment 50 #
Proposal for a regulation Recital 31 Amendment 51 #
Proposal for a regulation Recital 32 Amendment 52 #
Proposal for a regulation Recital 33 Amendment 53 #
Proposal for a regulation Recital 34 (34) In order to enhance legal certainty by making the case-law of the Court of Justice of the European Union and of national courts on the interpretation of th
Amendment 54 #
Proposal for a regulation Recital 35 Amendment 55 #
Proposal for a regulation Recital 36 (36) Since the objective of this
Amendment 56 #
Proposal for a regulation Recital 37 (37) This
Amendment 57 #
Proposal for a regulation Article 1 – paragraph 1 1. The purpose of this
Amendment 58 #
Proposal for a regulation Article 1 – paragraph 2 Amendment 59 #
Proposal for a regulation Article 1 – paragraphs 3 to 3 c (new) 3.
Amendment 60 #
Proposal for a regulation Article 2 – point b Amendment 61 #
Proposal for a regulation Article 2 – point c Amendment 62 #
Proposal for a regulation Article 2 – point d Amendment 63 #
Proposal for a regulation Article 2 – point h a (new) (ha) ‘main characteristics’ of goods, digital content or related services means those characteristics which are essential for proper functioning in conformity with the contract, which the customer evidently regarded as particularly important when the contract was concluded, and which led to conclusion of the contract;
Amendment 64 #
Proposal for a regulation Article 2 – point j – introductory part Amendment 65 #
Proposal for a regulation Article 2 – point j – introductory part (j) ‘digital content’ means data which are produced and supplied in digital form, whether or not according to the buyer's specifications, irrespective of whether the data are accessed through downloading or streaming, from a tangible medium or through any other means, against payment or for non-pecuniary consideration, such as making the consumer’s personal data available, including video, audio, picture or written digital content, digital games, software and digital content which makes it possible to personalise existing hardware or software; it excludes:
Amendment 66 #
Proposal for a regulation Article 2 – point j – point iv Amendment 67 #
Proposal for a regulation Article 2 – point k Amendment 68 #
Proposal for a regulation Article 2 – point k (k) ‘sales contract’ means any contract under which the trader ('the seller') transfers or undertakes to transfer the ownership of the goods to another person ('the buyer'), and the buyer pays or undertakes to pay the price thereof; it includes a contract for the supply of goods to be manufactured or produced and excludes contracts for sale on execution or otherwise involving the exercise of public authority; for the purposes of this Regulation, a contract providing digital content shall be considered a sales contract;
Amendment 69 #
Proposal for a regulation Article 2 – point m – introductory part (m) ‘related service’ means any service related to goods or digital content, such as installation, maintenance, repair or any other processing, provided by the seller of the goods or
Amendment 70 #
Proposal for a regulation Article 2 – point m – point ii Amendment 71 #
Proposal for a regulation Article 2 – point n Amendment 72 #
Proposal for a regulation Article 2 – point o Amendment 73 #
Proposal for a regulation Article 2 – point o Amendment 74 #
Proposal for a regulation Article 2 – point p Amendment 75 #
Proposal for a regulation Article 2 – point p (p) ‘distance contract’ means any contract concluded between the trader and the consumer under an organised distance sales
Amendment 76 #
Proposal for a regulation Article 2 – point p a (new) (pa) ‘means of distance communication’ means any means which, without the simultaneous physical presence of the supplier and the consumer, may be used for the conclusion of a contract between those parties, e.g. e-mail, fax, telephone, letter and catalogue;
Amendment 77 #
Proposal for a regulation Article 2 – point q Amendment 78 #
Proposal for a regulation Article 2 – point q – point i Amendment 79 #
Proposal for a regulation Article 2 – point q – point i – introductory part Amendment 80 #
Proposal for a regulation Article 2 – point q – point i a (new) (ia) concluded on the basis of an offer made by the consumer in the circumstances referred to in point (i); or
Amendment 81 #
Proposal for a regulation Article 2 – point q – point ii Amendment 82 #
Proposal for a regulation Article 2 – point q – point iii Amendment 83 #
Proposal for a regulation Article 2 – point q – point iii (iii) concluded during an excursion organised by the trader or, where the trader is a legal person, the natural person representing the trader with the aim or
Amendment 84 #
Proposal for a regulation Article 2 – point r Amendment 85 #
Proposal for a regulation Article 2 – point r a (new) (ra) ‘ancillary contract’ means a contract by which a consumer acquires goods, digital content or related services in connection with a distance contract or an off-premises contract and these goods, digital content or related services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader;
Amendment 86 #
Proposal for a regulation Article 2 – point r – point i (
Amendment 87 #
Proposal for a regulation Article 2 – point r – point ii (
Amendment 88 #
Proposal for a regulation Article 2 – point u (u) ‘public auction’ means a method of sale where goods
Amendment 89 #
Proposal for a regulation Article 2 – point v Amendment 90 #
Proposal for a regulation Article 2 – point w Amendment 91 #
Proposal for a regulation Article 2 – point x Amendment 92 #
Proposal for a regulation Article 2 – point y a (new) (ya) ‘excused action or omission’ means an action or omission objectively not attributable to the person acting or omitting to act.
Amendment 93 #
Proposal for a regulation Article 3 Amendment 94 #
Proposal for a regulation Article 4 Amendment 95 #
Proposal for a regulation Article 5 Amendment 96 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) contracts for the supply of digital content whether or not supplied on a tangible medium which can be stored, processed or accessed, and re-used by the
Amendment 97 #
Proposal for a regulation Article 6 Amendment 98 #
Proposal for a regulation Article 6 – paragraph 2 2. The Common European Sales Law may not be used for contracts between a trader and a consumer where the trader grants or promises to grant to the consumer credit for a consideration in the form of a deferred payment, loan or other similar financial accommodation. The Common European Sales Law may be used for contracts between a trader and a consumer where goods, digital content or related services of the same kind are supplied on a continuing basis and the consumer pays for such goods, digital content or related services for the duration of the supply by means of instalments.
Amendment 99 #
Proposal for a regulation Article 7 source: PE-506.126
2013/04/25
IMCO
179 amendments...
Amendment 340 #
Proposal for a regulation 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) (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) (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 343 #
Proposal for a regulation Recital 8 (8) To overcome these contract-law-related barriers, parties to distance contracts should have the possibility to agree that their contracts should be governed by a single uniform set of contract law rules with the same meaning and interpretation in all Member States, a Common Sales Law. The Common European Sales Law should represent an additional option increasing the choice available to parties in distance contracts and open to use whenever jointly considered to be helpful in order to facilitate cross-border trade and reduce transaction and opportunity costs as well as other contract-law-related obstacles to cross-border trade. It should become the basis of a contractual relationship only where parties jointly decide to use it.
Amendment 344 #
Proposal for a regulation Recital 9 Amendment 345 #
Proposal for a regulation Recital 9 (9) This Regulation establishes a Common European Sales Law. It harmonises the contract laws of the Member States not by requiring amendments to the pre-existing national contract law, but by creating within each Member State's national law a second contract law regime for contracts within its scope. It harmonises the contract laws of the Member States not by requiring amendments to the pre-existing national contract law, but by creating within each Member State's national law a second contract law regime for contracts within its scope. This second regime should be identical throughout the Union and exist alongside the pre-existing rules of national contract law. The Common European Sales Law should apply on a voluntary basis, upon an express agreement of the parties, to a cross-border contract. Consumers would always, in addition, have the right to refuse the application of the Common European Sales Law.
Amendment 346 #
Proposal for a regulation Recital 9 (9) This Regulation establishes a Common European Sales Law for distance contracts and thus for online contracts in particular. It harmonises the contract laws of the Member States not by requiring amendments to the pre-existing national contract law, but by creating within each Member State's national law a second contract law regime for contracts within its scope. This second regime should be identical throughout the Union and exist alongside the pre-existing rules of national contract law. The Common European Sales Law should apply on a voluntary basis, upon an express agreement of the parties, to a cross-border contract.
Amendment 347 #
Proposal for a regulation 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) (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 349 #
Proposal for a regulation Recital 13 (13) The Common European Sales Law should be available for cross-border contracts, because it is in that context that the disparities between national laws lead to complexity and additional costs and dissuade parties from entering into contractual relationships. This is true in particular in the area of distance selling, which has especially great potential. The cross-border nature of a contract should be assessed on the basis of the habitual residence of the parties in business-to- business contracts. In a business-to- consumer contract the cross-
Amendment 350 #
Proposal for a regulation Recital 16 (16)
Amendment 351 #
Proposal for a regulation Recital 21 (21) In order to tackle the existing internal market and competition problems in a targeted and proportionate fashion, the personal scope of the Common European Sales Law should focus on parties who are currently dissuaded from doing business abroad by the divergence of national contract laws with the consequence of a significant adverse impact on cross-border trade. It should therefore cover all business-to consumer transactions and contracts between traders where at least one of the parties is an SME drawing upon Commission Recommendation 2003/361 of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises. Where all parties to a contract are traders, it is appropriate to equate individual entrepreneurs and solo entrepreneurs with consumers, because the resources and know-how of such entrepreneurs are very different from those which typify SMEs or micro-enterprises in the EU. This should, however, be without prejudice to the possibility for Member States to enact legislation which makes the Common European Sales Law available for contracts between traders, neither of which is an SME. In any case, in business-to-business transactions, traders enjoy full freedom of contract and are encouraged to draw inspiration from the Common European Sales Law in the drafting of their contractual terms.
Amendment 352 #
Proposal for a regulation Recital 22 (22) The agreement of the parties to a contract is indispensable for the application of the Common European Sales Law. That agreement should be subject to strict requirements in business-to-consumer transactions. Since, in practice, it will usually be the trader who proposes the use of the Common European Sales Law, consumers must be fully aware of the fact that they are agreeing voluntarily and of their own free will to the use of rules which are different from those of their pre- existing national law. Therefore, the consumer's consent to use the Common European Sales Law should be admissible only in the form of an explicit statement separate from the statement indicating the agreement to the conclusion of the contract. It should therefore not be possible to offer the use of the Common European Sales Law as a term of the contract to be concluded, particularly as an element of the trader's standard terms and conditions. The trader should provide the consumer with a confirmation of the agreement to use the Common European Sales Law on a durable medium.
Amendment 353 #
Proposal for a regulation Recital 23 (23) In addition to being a conscious choice, the consent of a consumer to the use of the Common European Sales Law should be an informed choice. The trader should therefore not only draw the consumer's attention to the intended use of the Common European Sales Law but should also provide information on its nature and its salient features in good time before the contract is concluded. In order to facilitate this task for traders, thereby avoiding unnecessary administrative burdens, and to ensure consistency in the level and the quality of the information communicated to consumers, traders should supply consumers with the standard information notice provided for in this Regulation and thus readily available in all official languages in the Union. Where it is not possible to supply the consumer with the information notice, for example in the context of a telephone call, or where the trader has failed to provide the information notice, the agreement to use the Common European Sales Law should not be binding on the consumer until the consumer has received the information notice together with the confirmation of the agreement and has subsequently expressed consent.
Amendment 354 #
Proposal for a regulation Recital 23 (23)
Amendment 355 #
Proposal for a regulation Recital 26 (26) The rules of the Common European Sales Law should cover the matters of contract law in the field of distance selling that are of practical relevance during the life cycle of the types of contracts falling within the material and personal scope
Amendment 356 #
Proposal for a regulation Recital 35 (35) It is also appropriate to review the functioning of the Common European Sales Law or any other provision of this Regulation after five years of operation.
Amendment 357 #
Proposal for a regulation Recital 37 a (new) (37a) In order to avoid duplication and to compliment existing EU law this directive should take into account the principles of directive 2011/83/EU on consumer rights which harmonised rules for distance and off-premises contracts such as pre- contractual information, formal requirements, right of withdrawal, delivery, passing of risk and payment means. This should provide for a solid legal framework of European rules for business who sell goods or digital content to consumers across the Union.
Amendment 358 #
Proposal for a regulation Recital 37 b (new) (37b) After the adoption of this directive, The European Commission should establish a working group, composed mainly of groups representing consumers and businesses, supported by academics and practitioners, in order to develop standard terms and conditions for on-line business to consumers contracts based on the rules in this directive and the consumer acquis, in particular directive 2011/83/EU on consumer rights.
Amendment 359 #
Proposal for a regulation Article 1 – paragraph 1 1. The purpose of this
Amendment 360 #
Proposal for a regulation Article 1 – paragraph 1 1. The purpose of this Regulation is to improve the conditions for the establishment and the functioning of the internal market by making available a uniform set of contract law rules as set out in Annex I ('the Common European Sales Law'). These rules can be used for cross- border transactions in the area of distance selling, particularly online, for the sale of goods, for the supply of digital content and for related services where the parties to a contract agree to do so.
Amendment 361 #
Proposal for a regulation Article 1 – paragraph 2 2. This
Amendment 362 #
Proposal for a regulation Article 1 – paragraph 3 3. In relation to contracts between traders
Amendment 363 #
Proposal for a regulation Article 2 – paragraph 1 – point e (e) ‘trader’ means any natural
Amendment 364 #
Proposal for a regulation Article 2 – paragraph 1 – point p (p) ‘distance contract’ means any contract between the trader and the consumer or another trader under an organised distance sales scheme concluded without the simultaneous physical presence of the trader or,
Amendment 365 #
Proposal for a regulation Article 2 – paragraph 1 – point q Amendment 366 #
Proposal for a regulation Article 2 – paragraph 1 – point q – point i (i) concluded in the simultaneous physical presence of the trader
Amendment 367 #
Proposal for a regulation Article 2 – paragraph 1 – point q – point ii (ii) concluded on the
Amendment 368 #
Proposal for a regulation Article 2 – paragraph 1 – point q – point iii (iii) concluded during an excursion organised by the trader
Amendment 369 #
Proposal for a regulation Article 2 – paragraph 1 – point r Amendment 370 #
Proposal for a regulation Article 2 – paragraph 1 – point u (u) 'public auction' means a method of sale where goods
Amendment 371 #
Proposal for a regulation Article 2 – paragraph 1 – point y a (new) (ya) ‘excused’, when applied to an action or omission, means objectively not attributable to the person acting or omitting to act.
Amendment 372 #
Proposal for a regulation Article 3 Amendment 373 #
Proposal for a regulation Article 3 – paragraph 1 – subparagraph 1 (new) In the case of agreements going beyond the Common European Sales Law, which are not covered by its scope, the relevant clauses shall be deemed not to be a valid option.
Amendment 374 #
Proposal for a regulation Article 4 – paragraph 3 – point a (a)
Amendment 375 #
Proposal for a regulation Article 4 – paragraph 4 4. For the purposes of this Regulation, the habitual residence of
Amendment 376 #
Proposal for a regulation Article 5 – title Cross-border contracts for which the Common European Sales Law can be used
Amendment 377 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part The Common European Sales Law may be used for
Amendment 378 #
Proposal for a regulation Article 7 – paragraph 1 1. The Common European Sales Law may be used only if the seller of goods or the supplier of digital content is a trader. Where all the parties to a contract are traders, the Common European Sales Law may be used if at least one of those parties is a small or medium-sized enterprise ('SME'). With regard to protection, individual entrepreneurs and solo entrepreneurs shall be equated with consumers where all parties to a contract are traders.
Amendment 379 #
Proposal for a regulation Article 8 – paragraph 2 2. In relations between a trader and a consumer the agreement on the use of the Common European Sales Law shall be valid only if the consumer's consent is given voluntarily and of his own free will by an explicit statement which is separate from the statement indicating the agreement to conclude a contract. The trader must provide the consumer with a confirmation of that agreement on a
Amendment 380 #
Proposal for a regulation Article 8 – paragraph 3 a (new) 3a. Agreements which go beyond the scope of the Common European Sales Law shall be invalid.
Amendment 381 #
Proposal for a regulation Article 9 – title Amendment 382 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2a. When an agreement is made to use the Common European Sales Law the trader shall provide the consumer with the standard information notice on a durable medium.
Amendment 383 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2a. This article shall not apply where a contract relates to the supply of foodstuffs, beverages or other goods which are intended for current consumption in the household, and which are physically supplied by a trader on frequent and regular rounds to the consumer's home, residence or workplace.
Amendment 384 #
Proposal for a regulation Article 10 – paragraph 1 Member States shall lay down proportionate penalties for breaches by traders in relations with consumers of the requirements set out in Articles 8 and 9 and shall take all the measures necessary to ensure that those penalties are applied.
Amendment 385 #
Proposal for a regulation Article 11 – paragraph 1 Where the parties have validly agreed to use the Common European Sales Law for a contract, only the Common European Sales Law shall govern the matters addressed in its rules.
Amendment 386 #
Proposal for a regulation Article 13 – paragraph 1 – point a (a) contracts where the habitual residence of the traders
Amendment 387 #
Proposal for a regulation Article 15 – paragraph 2 2. By … [5 years after the date of application of this Regulation], the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a detailed report reviewing the operation of this Regulation, and taking account of, amongst others, the need to extend the scope beyond the area of distance selling, in relation to
Amendment 388 #
Proposal for a regulation Article 16 a (new) Article 16a Model Contracts The Commission shall present the standard terms and conditions within [one year] of the transposition of this directive.
Amendment 389 #
Proposal for a regulation Article 16 b (new) Article 16b The Commission shall carry out an information campaign to inform businesses at national level about these standards terms for on-line consumer transactions based on the European rules.
Amendment 390 #
Proposal for a regulation Annex 1 – Article 6 Unless stated otherwise
Amendment 391 #
Proposal for a regulation Annex 1 – Article 13 – title Duty to provide information when concluding a
Amendment 392 #
Proposal for a regulation Annex 1 – Article 13 – paragraph 1 1. A trader concluding a
Amendment 393 #
Proposal for a regulation Annex 1 – Article 13 – paragraph 1 – point b (b) the total price and additional charges and costs, such as taxes, in accordance with Article 14;
Amendment 394 #
Proposal for a regulation Annex 1 – Article 13 – paragraph 3 3.
Amendment 395 #
Proposal for a regulation Annex 1 – Article 13 – paragraph 4 Amendment 396 #
Proposal for a regulation Annex 1 – Article 13 – paragraph 5 – point b Amendment 397 #
Proposal for a regulation Annex 1 – Article 13 – paragraph 5 – point c Amendment 398 #
Proposal for a regulation Annex 1 – Article 13 – paragraph 5 – point c a (new) (ca) a contract which, in accordance with the laws of Member States, is established by a public office-holder who has a statutory obligation to be independent and impartial and who must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful legal consideration and with knowledge of its legal scope. The same shall apply to the conclusion of a contract before a court.
Amendment 399 #
Proposal for a regulation Annex 1 – Article 13 – paragraph 5 – point c a (new) (ca) in accordance with the laws of Member States, established by a public office-holder who has a statutory obligation to be impartial and independent and who must ensure, by the provision of comprehensive legal information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope;
Amendment 400 #
Proposal for a regulation Annex 1 – Article 17 – title Information about rights of withdrawal
Amendment 401 #
Proposal for a regulation Annex 1 – Article 17 – paragraph 2 2. Where applicable, the information to be provided under point (e) of Article 13(1) must include the fact that the consumer will have to bear the cost of returning the goods in case of withdrawal
Amendment 402 #
Proposal for a regulation Annex 1 – Article 18 |