1209

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Contracts for online and other distance sales of goods

20-02-2017

The Commission proposal for a directive on contracts for online and other distance sales of goods, part of the digital single market strategy, would partly replace the existing Consumer Sales Directive. The Parliament's rapporteur believes this would create a fragmented legal framework, and that there is a need to introduce uniform rules for both online and face-to-face consumer sales. Unlike the existing Consumer Sales Directive, the proposed Online Sale of Goods Directive would provide for maximum ...

The Commission proposal for a directive on contracts for online and other distance sales of goods, part of the digital single market strategy, would partly replace the existing Consumer Sales Directive. The Parliament's rapporteur believes this would create a fragmented legal framework, and that there is a need to introduce uniform rules for both online and face-to-face consumer sales. Unlike the existing Consumer Sales Directive, the proposed Online Sale of Goods Directive would provide for maximum harmonisation, thereby prohibiting Member States from introducing a higher level of consumer protection within the scope of the directive. The rapporteur agrees with this approach and suggests moving to maximum harmonisation for both online and offline consumer sales. Second edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure. To view previous versions of this briefing, please see: PE 577.962, 15 February 2016.

Online and other distance sales of goods

14-07-2017

This study was requested by the European Parliament’s Committee for Internal Market and Consumer Protection as part of the Parliament’s general commitment to improving the quality of EU legislation, and in particular in undertaking to carry out impact assessments of its own substantial amendments when it considers it appropriate and necessary for the legislative process. The aim of this ex-ante impact assessment is to evaluate two substantial amendments being proposed to the Commission proposal for ...

This study was requested by the European Parliament’s Committee for Internal Market and Consumer Protection as part of the Parliament’s general commitment to improving the quality of EU legislation, and in particular in undertaking to carry out impact assessments of its own substantial amendments when it considers it appropriate and necessary for the legislative process. The aim of this ex-ante impact assessment is to evaluate two substantial amendments being proposed to the Commission proposal for a directive on certain aspects concerning contracts for the online and other distance sales of goods. The amendments would extend the scope of the proposed directive to any sale contract concluded between the consumer and the seller, and would repeal the Consumer Sales Directive. The findings of the study indicate that the harmonisation of rules across Member States and sales channels would reduce the fragmentation of the legal framework and enhance the clarity and transparency of applicable rules to the benefit of both consumers and businesses. Most importantly, one single regime for online and face-to-face transactions could contribute to increased consumers’ and traders’ awareness and confidence in purchasing/selling online and offline, domestically and across borders. There would be a general increase in consumer protection throughout the EU, with the exception of some Member States where consumers’ rights would be weakened. This could, however, translate into increased costs for businesses in relation to remedies provided to consumers. The importance of having a single regime for online and offline sales has been strongly supported by all stakeholders consulted for this study. Nonetheless, consumer and business organisations have different views with regard to the aspects of consumer protection under examination. Finding a balance between the interests of consumers and businesses remains, thus, crucial.

Consumer sale of goods

19-03-2019

On 29 January 2019, the European Parliament and the Council reached a provisional agreement on the Commission proposal for a new directive on the consumer sale of goods. The Commission's original proposal, from 2015, which was intended to lay down rules on online and other distance sales of goods only, was replaced on 31 October 2017 by an amended version. This sought to replace entirely the existing Consumer Sales Directive dating from 1999, and regulate contracts concluded both online and offline ...

On 29 January 2019, the European Parliament and the Council reached a provisional agreement on the Commission proposal for a new directive on the consumer sale of goods. The Commission's original proposal, from 2015, which was intended to lay down rules on online and other distance sales of goods only, was replaced on 31 October 2017 by an amended version. This sought to replace entirely the existing Consumer Sales Directive dating from 1999, and regulate contracts concluded both online and offline. The provisional agreement on the proposal reached between the Parliament and Council would allow Member States to decide on a legal guarantee of longer than two years and extend the period during which it is presumed that the goods were faulty from the start. Parliament is due to vote on the agreement during the March II 2019 plenary. Fourth edition, based on a briefing originally drafted by Rafał Mańko. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure. To view previous versions of this briefing, please see: PE 614.744 (March 2018).

Contracts for online and other distance sales of goods

15-02-2016

In December 2015, the Commission proposed a directive on contracts for online and other distance sales of goods (online sale of goods directive). This would partly replace the existing Consumer Sales Directive with regard to distance sales (both online and offline). Unlike the Consumer Sales Directive, the proposed online sale of goods directive would provide for maximum (total) harmonisation, thereby prohibiting Member States from introducing a higher level of consumer protection within the scope ...

In December 2015, the Commission proposed a directive on contracts for online and other distance sales of goods (online sale of goods directive). This would partly replace the existing Consumer Sales Directive with regard to distance sales (both online and offline). Unlike the Consumer Sales Directive, the proposed online sale of goods directive would provide for maximum (total) harmonisation, thereby prohibiting Member States from introducing a higher level of consumer protection within the scope of the directive. A more recent edition of this document is available. Find it by searching by the document title at this address: http://www.europarl.europa.eu/thinktank/en/home.html The proposed online sale of goods directive is part of the Digital Single Market Strategy, and comes alongside several other proposed legal instruments, notably the digital content supply directive [2015/0287(COD)] and the portability of digital content directive. Although, legally speaking, the proposal is new, in political terms it aims to replace the 2011 proposal for a Common European Sales Law, in line with the commitment made by the Juncker Commission in December 2015.

Impact of Digitalisation on International Tax Matters

15-02-2019

This paper was prepared by Policy Department A at the request of the Committee on Financial Crimes, Tax Evasion and Tax Avoidance (TAX3) to discuss tax challenges posed by digitalisation, especially regarding new business models and value creation process, the impact of Base Erosion and Profit Shifting (BEPS) actions, unilateral measures and recent tax developments in the European Union (EU) and the United States (US) while evaluating alternative approaches to reform the international tax system ...

This paper was prepared by Policy Department A at the request of the Committee on Financial Crimes, Tax Evasion and Tax Avoidance (TAX3) to discuss tax challenges posed by digitalisation, especially regarding new business models and value creation process, the impact of Base Erosion and Profit Shifting (BEPS) actions, unilateral measures and recent tax developments in the European Union (EU) and the United States (US) while evaluating alternative approaches to reform the international tax system and highlighting difficulties and opportunities presented by Blockchain and collaborative economy for international taxation.

External author

Eli Hadzhieva

Contribution to Growth: Legal Aspects of Protecting European Consumers

15-04-2019

This study contains an analysis of the legal aspects of protecting European consumers, advanced during the 7th and 8th legislative period of the European Parliament (2009 - 2019). It examines policy developments in the area of consumer protection and (digital) single market, and identifies new substantive rights offered to EU consumers. This document was provided by Policy Department A at the request of the Committee on the Internal Market and Consumer Protection.

This study contains an analysis of the legal aspects of protecting European consumers, advanced during the 7th and 8th legislative period of the European Parliament (2009 - 2019). It examines policy developments in the area of consumer protection and (digital) single market, and identifies new substantive rights offered to EU consumers. This document was provided by Policy Department A at the request of the Committee on the Internal Market and Consumer Protection.

External author

Aneta WIEWIÓROWSKA-DOMAGALSKA

Towards new rules on sales and digital content: Analysis of the key issues

22-03-2017

In 2015, the Commission presented two proposals for directives: on the online sale of goods to consumers, and on the supply of digital content to consumers. The two proposals need to be analysed in the context of the existing Consumer Sales Directive from 1999, which is currently under revision as part of the REFIT exercise. If the two proposals enter into force, consumer sales transactions will be regulated by three instruments: with regard to tangible goods sold face to face – by the Consumer Sales ...

In 2015, the Commission presented two proposals for directives: on the online sale of goods to consumers, and on the supply of digital content to consumers. The two proposals need to be analysed in the context of the existing Consumer Sales Directive from 1999, which is currently under revision as part of the REFIT exercise. If the two proposals enter into force, consumer sales transactions will be regulated by three instruments: with regard to tangible goods sold face to face – by the Consumer Sales Directive, with regard to tangible goods sold at a distance – the Online Sales Directive, and with regard to the sale of digital content – the Digital Content Directive. Not surprisingly, the three texts have much in common as regards their structure and subject matter. They all deal with such issues as conformity (lack of defects), the consumer's remedies in cases of defects, the time limit for bringing such remedies and the burden of proof. They also have two other systemic issues in common: the choice between minimum and maximum harmonisation, on the one hand, and between mandatory and default rules, on the other. The existing Consumer Rights Directive is a minimum harmonisation instrument, and allows Member States to grant consumers a higher level of protection, especially when it comes to the period of seller's liability or the freedom of choice of remedies to be pursued in the event of defects. Similarly, the absence of any EU legislation specifically addressing contracts regarding the sale or rental of digital content or the provision of digital services means that Member States have been free to protect consumers to the extent they see fit. Since the two proposals are framed as maximum harmonisation instruments, the question of the exact extent of consumer rights and the way they should be exercised is crucial.

How the EU budget is spent: Spending programmes under the 2014-2020 Multiannual Financial Framework

12-04-2019

The European Parliamentary Research Service (EPRS) has produced a series of briefings on ‘How the EU budget is spent’ over the course of the 2014-2019 parliamentary term. The aim is to give a concise overview of the key features of major EU spending programmes and funds for the 2014-2020 period. This compendium brings together the set of briefings from the series.

The European Parliamentary Research Service (EPRS) has produced a series of briefings on ‘How the EU budget is spent’ over the course of the 2014-2019 parliamentary term. The aim is to give a concise overview of the key features of major EU spending programmes and funds for the 2014-2020 period. This compendium brings together the set of briefings from the series.

Europe’s two trillion euro dividend: Mapping the Cost of Non-Europe, 2019-24

18-04-2019

This study brings together work in progress on a long-term project to identify and analyse the 'cost of non-Europe' in a number of policy fields. This concept, first pioneered by the European Parliament in the 1980s, is used here to quantify the potential efficiency gains in today's European economy through pursuing a series of policy initiatives recently advocated by the Parliament – from a wider and deeper digital single market to more systematic coordination of national and European defence policies ...

This study brings together work in progress on a long-term project to identify and analyse the 'cost of non-Europe' in a number of policy fields. This concept, first pioneered by the European Parliament in the 1980s, is used here to quantify the potential efficiency gains in today's European economy through pursuing a series of policy initiatives recently advocated by the Parliament – from a wider and deeper digital single market to more systematic coordination of national and European defence policies or increased cooperation to fight corporate tax avoidance. The benefits are measured principally in additional GDP generated or more rational use of public resources. The latest analysis suggests that there are potential gains to the European economy (EU-28) of over 2,200 billion euro that could be achieved, if the policies advocated by the Parliament in a series of specific areas were to be adopted by the Union’s institutions and then fully implemented over the ten-year period from 2019 to 2029. This would be, in effect, a ‘two trillion euro dividend’, representing a boost of some 14 per cent of total EU GDP (itself 15.3 trillion euro in 2017). The study is intended to make a contribution to the on-going discussion about the European Union's policy priorities over the coming five-year institutional cycle, from 2019 to 2024.

Special Reports of the European Court of Auditors - A Rolling Check-list of recent findings

28-02-2019

This rolling checklist presents an overview of the European Court of Auditors’ (ECA) special reports, concentrating on those relevant for the 2017 discharge procedure. It strives to link the research topics of the special reports to the relevant debates and positions within the European Parliament, including the working documents of the Committee on Budgetary Control, the work of the specialised parliamentary committees, plenary resolutions and individual questions by Members.

This rolling checklist presents an overview of the European Court of Auditors’ (ECA) special reports, concentrating on those relevant for the 2017 discharge procedure. It strives to link the research topics of the special reports to the relevant debates and positions within the European Parliament, including the working documents of the Committee on Budgetary Control, the work of the specialised parliamentary committees, plenary resolutions and individual questions by Members.

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