CELEX: 51978PC0002
Language: en
Date: 1978-01-11
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE TO PROTECT THE CONSUMER IN RESPECT OF CONTRACTS WHICH HAVE BEEN NEGOTIATED AWAY FROM BUSINESS PREMISES

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            unchanged
    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'.
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;
        'trader' means a natural or legal person who in m       — 'trader' means a natural or legal person who in
        the exercise of a commercial or professional               the exercise of a commercial or professional
        activity concludes contracts with consumers;               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:                              unchanged
(a) contracts which have been negotiated exclusively
     at the initiative of the consumer;
(i) OJ No C 22, 29. 1. 1977, p. 6.
 ---pagebreak--- 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            (e) contracts under which the price payable by the
     consumer does not exceed 25 European units of                consumer does not exceed 15 European units of
     account. European unit of account means the                  account. European unit of account means the
     unit of account as defined by Commission                     unit of account as defined by Commission
     Decision No 3289/75/ECSC of 18 December 1975.                Decision No 3289/75/ECSC of 18 December 1975.
     The conversion value in national currency to be              The conversion value in national currency to be
     adopted shall, as from 31 December of each year,             adopted shall, as from 31 December of each year,
     be that of the last day of the preceding month of            be that of the last day of the preceding month of
      October for which European unit of account                  September for which European unit of account
     conversion values are available in all the Com-              conversion values are available in all the Com-
     munity currencies;                                           munity currencies;
     The Council shall, on a proposal from the Com-               The Council shall, on a proposal from the Com-
     mission, examine every three years and, if neces-            mission, examine every three years and, if neces-
      sary, revise the amount specified in European               sary, revise the amount specified in European
     units of account in this paragraph, having regard            units of account in this paragraph, having regard
      to economic and monetary movement in the                    to economic and monetary movement in the
      Community.                                                  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          2.   A copy of the doorstep contract must be given
to the consumer on the signing thereof or forwarded           to the consumer on the signing thereof (deletion of
to him immediately thereafter.                                10 words).
                         Article 9                                                    Article 9
Except for any payment of a deposit required under            Except for any payment of a deposit required under
national law, the trader shall be forbidden to require        national law,
the consumer before expiration of the period
mentioned in Article 6:
 ---pagebreak--- No C 127/8                          Official Journal of the European Communities                                1. 6.78
                      ORIGINAL TEXT                                                  AMENDED TEXT
(a) to make full or partial payment of the contract             (a) the trader shall be forbidden to require or accept
     price or to provide any other kind of payment or                from the consumer, before expiration of the
     any surety; or                                                  period mentioned in Article 6, full or partial
                                                                     payment of the contract price or any other kind
                                                                     of payment or any surety;
(b) to sign a bill of exchange, cheque or other kind of         (b) the trader shall be forbidden to require the con-
     negotiable instrument or, for the trader, to take               sumer before the expiration of the period
     such a document.                                                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                                                     Article 11
Contractual provisions which:                                  Contractual provisions which require the consumer
                                                               to pay some form of compensation if he exercises his
(a) require the consumer to pay some form of com-              right of cancellation shall be void.
     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.
              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                                    Whereas, in order to combat these practices more
COMMUNITIES,                                                   effectively, cooperation between tax administrations
                                                               within the Community should be strengthened in
Having regard to the Treaty establishing the                   accordance with common principles and rules;
European Economic Community, and in particular
Article 100 thereof,                                           Whereas, on 19 December 1977, the Council adopted
                                                               Directive 77/799/EEC concerning mutual assistance
                                                               by the competent authorities of the Member States in
Having regard to the proposal from the Commission,             the field of direct taxation (1); whereas such mutual
                                                               assistance arrangements should also cover indirect
Having regard to the opinion of the European Par-              taxes, not only in order to ensure that these are cor-
liament,                                                       rectly assessed and collected, but also in order to
                                                               make the measures taken with regard to direct taxes
                                                               more effective;
Having regard to the opinion of the Economic and
Social Committee,                                              Whereas, as a matter of particular urgency, mutual
                                                               assistance must be extended to cover VAT, both
Whereas, as a rule, practices of tax evasion and tax           because it is a general tax on consumption and
avoidance lead to budget losses and violations of the          because it plays an important part in the Community's
principle of fair taxation, and jeopardize sound com-          own resources;
petition, thereby affecting the operation of the
common market;                                                  (!) OJ No L 336, 27. 12. 1977, p. 15.