No C 127/6 Official  Journal  of the European  Communities 1. 6. 78 
II 
(Preparatory  Acts) 
COMMISSION 
Amendment  to the proposal  for a Council  Directive  to protect  the consumer  in respect 
of contracts  which  have  been  negotiated  away  from  business  premises  (*) 
(Submitted  by the Commission  to the Council  pursuant  to Article  149  (2) of the EEC 
Treaty  on 16 January  1978) 
ORIGINAL  TEXT AMENDED  TEXT 
Article  1 Article  1 
1. This  Directive  shall  apply  to contracts  between  a 
consumer  and a trader,  and unilateral  engagements 
by a consumer  towards  a trader,  negotiations  for 
which  have  been  initiated  away  from  business 
premises.  Such  contracts  and  engagements  are 
hereinafter  referred  to as 'doorstep  contracts'. unchanged 
2. For  the purpose  of this  Directive: 
— 'consumer'  means  a natural  person  who  in 
transactions  covered  by this  Directive  acts 
otherwise  than  in a commercial  or professional 
capacity; 
in 'trader'  means  a natural  or legal  person  who  m 
the exercise  of a commercial  or professional 
activity  concludes  contracts  with  consumers; — 'trader'  means  a natural  or legal  person  who  in 
the exercise  of a commercial  or professional 
activity  concludes  contracts  with  consumers  or 
anyone  acting  on behalf  of such  a person; 
— 'business  premises'  mean  the permanent  place 
of business  at which  a trader  exercises  his com-
mercial  or professional  activity  as well  as stalls 
at fairs  and markets. 
Article  2 Article  2 
This Directive  shall  not apply  to: 
(a) contracts  which  have  been  negotiated  exclusively 
at the initiative  of the consumer; unchanged 
(i) OJ No C 22, 29. 1. 1977,  p. 6. 
1. 6. 78 Official  Journal  of the European  Communities No C 127/7 
ORIGINAL  TEXT AMENDED  TEXT 
for the purpose  of this  paragraph  the ordering 
of catalogues,  patterns,  samples  and similar  items, 
a request  by the consumer  for a visit  or dem-
onstration,  and  participation  in an event  organ-
ized by the  trader  shall  not  be considered  as 
initiating  negotiations; 
(b) contracts  which  have  been  negotiated  solely  in 
writing; 
(c) contracts  which  are  concluded  before  a court, 
notary  or other  person  who  is under  duty  to 
inform  both  contracting  parties  of their  rights  and 
obligations; 
(d) contracts  relating  to immovable  property  or any 
rights  thereto; 
(e) contracts  under  which  the price  payable  by the 
consumer  does  not exceed  25 European  units  of 
account.  European  unit  of account  means  the 
unit of account  as defined  by Commission 
Decision  No 3289/75/ECSC  of 18 December  1975. 
The conversion  value  in national  currency  to be 
adopted  shall,  as from  31 December  of each  year, 
be that  of the last day of the preceding  month  of 
October  for  which  European  unit  of account 
conversion  values  are available  in all the Com-
munity  currencies; 
The Council  shall,  on a proposal  from  the Com-
mission,  examine  every  three  years  and,  if neces-
sary,  revise  the amount  specified  in European 
units  of account  in this  paragraph,  having  regard 
to economic  and  monetary  movement  in the 
Community. (e) contracts  under  which  the price  payable  by the 
consumer  does  not exceed  15 European  units  of 
account.  European  unit  of account  means  the 
unit of account  as defined  by Commission 
Decision  No 3289/75/ECSC  of 18 December  1975. 
The conversion  value  in national  currency  to be 
adopted  shall,  as from  31 December  of each  year, 
be that  of the last day of the preceding  month  of 
September  for which  European  unit  of account 
conversion  values  are available  in all the Com-
munity  currencies; 
The Council  shall,  on a proposal  from  the Com-
mission,  examine  every  three  years  and,  if neces-
sary,  revise  the  amount  specified  in European 
units  of account  in this  paragraph,  having  regard 
to economic  and  monetary  movement  in the 
Community. 
(f) Foodstuffs  and  drinks  delivered  by  regular 
roundsmen 
Article  4 Article  4 
1. The  consumer  must  sign  the doorstep  contract 
in his own  hand. 
2. A  copy  of the doorstep  contract  must  be given 
to the consumer  on the signing  thereof  or forwarded 
to him immediately  thereafter. 2. A  copy  of the doorstep  contract  must  be given 
to the consumer  on the signing  thereof  (deletion  of 
10 words). 
Article  9 Article  9 
Except  for any  payment  of a deposit  required  under 
national  law,  the trader  shall  be forbidden  to require 
the consumer  before  expiration  of the  period 
mentioned  in Article  6: Except  for any  payment  of a deposit  required  under 
national  law, 
No C 127/8 Official  Journal  of the European  Communities 1. 6.78 
ORIGINAL  TEXT 
(a) to make  full  or partial  payment  of the contract 
price  or to provide  any other  kind  of payment  or 
any surety;  or 
(b) to sign  a bill of exchange,  cheque  or other  kind  of 
negotiable  instrument  or, for the trader,  to take 
such a document. AMENDED  TEXT 
(a) the  trader  shall  be forbidden  to require  or accept 
from  the  consumer,  before  expiration  of the 
period  mentioned  in Article  6, full  or partial 
payment  of the contract  price  or any  other  kind 
of payment  or any surety; 
(b) the trader  shall  be forbidden  to require  the con-
sumer  before  the  expiration  of the  period 
mentioned  in Article  6 to sign  a bill of exchange, 
cheque  or any  other  kind  of negotiable  instru-
ment,  or to accept  such  a document. 
Article  11 
Contractual  provisions  which: 
(a) require  the consumer  to pay  some  form  of com-
pensation  if he exercises  his right  of cancellation; 
or 
(b) provide  that  a court  other  than  that  normally 
competent  to hear  such  a case  shall  have  jurisdic-
tion 
shall  be void. Article  11 
Contractual  provisions  which  require  the consumer 
to pay some  form  of compensation  if he exercises  his 
right  of cancellation  shall  be void. 
Proposal  for a Council  Directive  amending  Directive  77/799/EEC  concerning  mutual 
assistance  by the competent  authorities  of the Member  States  in the field  of direct 
taxation 
(Submitted  by the Commission  to the Council  on 8 May  1978) 
THE  COUNCIL  OF THE  EUROPEAN 
COMMUNITIES, 
Having  regard  to the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  100 thereof, 
Having  regard  to the proposal  from  the Commission, 
Having  regard  to the opinion  of the European  Par-
liament, 
Having  regard  to the opinion  of the Economic  and 
Social  Committee, 
Whereas,  as a rule,  practices  of tax evasion  and  tax 
avoidance  lead  to budget  losses  and violations  of the 
principle  of fair  taxation,  and  jeopardize  sound  com-
petition,  thereby  affecting  the  operation  of the 
common  market; Whereas,  in order  to combat  these  practices  more 
effectively,  cooperation  between  tax administrations 
within  the  Community  should  be strengthened  in 
accordance  with  common  principles  and rules; 
Whereas,  on 19 December  1977,  the Council  adopted 
Directive  77/799/EEC  concerning  mutual  assistance 
by the competent  authorities  of the Member  States  in 
the field  of direct  taxation  (1); whereas  such  mutual 
assistance  arrangements  should  also  cover  indirect 
taxes,  not only  in order  to ensure  that  these  are cor-
rectly  assessed  and  collected,  but  also  in order  to 
make  the measures  taken  with  regard  to direct  taxes 
more  effective; 
Whereas,  as a matter  of particular  urgency,  mutual 
assistance  must  be extended  to cover  VAT,  both 
because  it is a general  tax  on consumption  and 
because  it plays  an important  part  in the Community's 
own resources; 
(!) OJ No L 336,  27. 12. 1977,  p. 15.