CELEX: 51997FC0007
Language: en
Date: 2007-01-31
Title: Proposal for a Directive …/…/EC of the European Parliament and of the Council of […] on the protection of consumers in respect of distance contracts (codified version)

EN
|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM(200.) XXX

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

                                         on the protection of consumers in respect of distance contracts

                                                                (Codified version)
                                                              EXPLANATORY MEMORANDUM

1.    In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make  it
       clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the  specific  rights
       it gives him.

       This aim cannot be achieved so long as numerous provisions that have  been  amended  several  times,  often  quite  substantially,  remain
       scattered, so that they must be sought partly in the original instrument and partly in later amending ones.  Considerable  research  work,
       comparing many different instruments, is thus needed to identify the current rules.

       For this reason a codification of rules that have frequently been amended  is  also  essential  if  Community  law  is  to  be  clear  and
       transparent.

2.    On 1 April 1987 the Commission therefore decided[1] to instruct its staff that all legislative acts should be codified after no  more  than
       ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the
       texts for which they are responsible, to ensure that the Community rules are clear and readily understandable.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       Codification must be undertaken in full compliance with the normal Community legislative procedure.

       Given that no changes of substance may be made to the instruments affected by codification, the European Parliament, the Council  and  the
       Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-
       track adoption of codification instruments.

4.    The purpose of this proposal is to undertake a codification of Directive 97/7/EC of the European Parliament and of the Council  of  20  May
       1997 on the protection of consumers in respect of distance contracts[3]. The new Directive will supersede the various acts incorporated in
       it[4]; this proposal fully preserves the content of the acts being codified and hence does no more than bring them together with only such
       formal amendments as are required by the codification exercise itself.

       5.   The codification proposal was drawn up on the basis of a preliminary consolidation, in all official languages, of  Directive  97/7/EC
       and the instruments amending it, carried out by the Office for Official Publications of the European Communities,  by  means  of  a  data-
       processing system. Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table
       contained in Annex III to the codified Directive.

                                            ê 97/7/EC (adapted)

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

                                         on the protection of consumers in respect of distance contracts

                                                            (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article Ö 95 Õ thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee[5],

Acting in accordance with the procedure laid down in Article 251 of the Treaty[6],

Whereas:

                                            ê .

   1) Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the  protection  of  consumers  in  respect  of  distance
      contracts[7] has been substantially amended several times[8]. In the interests of clarity and rationality  the  said  Directive  should  be
      codified.

                                            ê 97/7/EC recital 1

   2) In connection with the attainment of the aims of the internal market, measures should be  taken  for  the  gradual  consolidation  of  that
      market.

                                            ê 97/7/EC recital 2

   3) The free movement of goods and services affects not only the business sector but also private individuals. It means that  consumers  should
      be able to have access to the goods and services of another Member State on the same terms as the population of that State.

                                            ê 97/7/EC recital 3

   4) For consumers, cross-border distance selling could be one of the main tangible results of the completion of the internal market, as  noted,
      inter alia, in the communication from the Commission to the Council entitled ‘Towards a single market in distribution’[9]. It is  essential
      to the smooth operation of the internal market for consumers to be able to have dealings with a business outside their country, even if  it
      has a subsidiary in the consumer's country of residence.

                                            ê 97/7/EC recital 4 (adapted)

   5) The introduction of new technologies is increasing the number of ways for consumers to obtain information  about  offers  anywhere  in  the
      Community and to place orders. Some Member States have already taken different or diverging measures to protect  consumers  in  respect  of
      distance selling, which has had a detrimental effect on competition between businesses in the internal market. It is therefore necessary to
      Ö have Õ at Community level a minimum set of common rules in this area.

                                            ê 97/7/EC recital 5 (adapted)

   6) Ö It is necessary Õ to protect the purchasers of goods or services from demands for payment for unsolicited goods  and  from  high-pressure
      selling methods.

                                            ê 97/7/EC recital 8 (adapted) and 2002/65/EC recital 31 (adapted)

   7) The languages used for distance contracts are a matter for the Member States, Ö the national legislation being adopted in  conformity  with
      Community law governing the choice of language Õ.

                                            ê 97/7/EC recital 9

   8) Contracts negotiated at a distance involve the use of one or more means of distance communication. The various means of  communication  are
      used as part of an organized distance sales or service-provision scheme not involving the simultaneous presence of  the  supplier  and  the
      consumer. The constant development of those means of communication does not allow an exhaustive  list  to  be  compiled  but  does  require
      principles to be defined which are valid even for those which are not as yet in widespread use.

                                            ê 97/7/EC recital 10

   9) The same transaction comprising successive operations or a series of separate operations over a period of time may give rise  to  different
      legal descriptions depending on the law of the Member States. The provisions of this Directive cannot be applied differently  according  to
      the law of the Member States, subject to their recourse to Article 14. To that end, there is therefore reason to consider that  there  must
      at least be compliance with the provisions of this Directive at the time of the first of a series of successive operations or the first  of
      a series of separate operations over a period of time which may be considered as forming a whole,  whether  that  operation  or  series  of
      operations are the subject of a single contract or successive, separate contracts.

                                            ê 97/7/EC recital 11

  10) The use of means of distance communication should not lead to a reduction in the information provided to the consumer. The information that
      is required to be sent to the consumer should therefore be determined, whatever the means of communication used. The  information  supplied
      should also comply with the other relevant Community rules, in particular those in Directive 2005/29/EC of the European Parliament  and  of
      the Council of 11 May 2005 concerning unfair business-to-consumer  commercial  practices  in  the  internal  market  and  amending  Council
      Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the  Council  and  Regulation  (EC)  No
      2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices  Directive’)[10].  If  exceptions  are  made  to  the
      obligation to provide information, it is up to the consumer, on a discretionary basis, to request certain basic  information  such  as  the
      identity of the supplier, the main characteristics of the goods or services and their price.

                                            ê 97/7/EC recital 12

  11) In the case of communication by telephone it is appropriate  that  the  consumer  receive  enough  information  at  the  beginning  of  the
      conversation to decide whether or not to continue.

                                            ê 97/7/EC recital 13

  12) Information disseminated by certain electronic technologies is often ephemeral in nature insofar as it  is  not  received  on  a  permanent
      medium. The consumer should therefore receive written notice in good time of the  information  necessary  for  proper  performance  of  the
      contract.

                                            ê 97/7/EC recital 14 (adapted)

  13) The consumer is not able actually to see the product or ascertain the nature of  the  service  provided  before  concluding  the  contract.
      Provision should be made for a right of withdrawal from the contract. If this right is to be more than formal, the costs, if any, borne  by
      the consumer when exercising the right of withdrawal should be limited to  the  direct  costs  for  returning  the  goods.  This  right  of
      withdrawal should be without prejudice to the consumer's rights under national laws, with particular  regard  to  the  receipt  of  damaged
      products and services or of products and services not corresponding to the description given in the offer of such products or services.  It
      is for the Member States to determine the other conditions and arrangements following exercise of the right of withdrawal.

                                            ê 97/7/EC recital 15

  14) It is also necessary to prescribe a time limit for performance of the contract if this is not specified at the time of ordering.

                                            ê 97/7/EC recital 16

  15) The promotional technique involving the dispatch of a product or the provision of a service to the consumer in return for payment without a
      prior request from, or the explicit agreement of, the consumer cannot be permitted, unless a substitute product or service is involved.

                                            ê 97/7/EC recital 17

  16) The principles set out in Articles 8 and 10 of the European Convention for the Protection of Human Rights and  Fundamental  Freedoms  of  4
      November 1950 apply. The consumer's right to privacy, particularly  as  regards  freedom  from  certain  particularly  intrusive  means  of
      communication, should be recognized. Specific limits on the use of such means should therefore be stipulated.  Member  States  should  take
      appropriate measures to protect effectively those consumers, who do not wish to  be  contacted  through  certain  means  of  communication,
      against such contacts, without prejudice to the particular safeguards available to the consumer under Community legislation concerning  the
      protection of personal data and privacy.

                                            ê 97/7/EC recital 18

  17) It is important for the minimum binding rules contained in this Directive to be supplemented where appropriate  by  voluntary  arrangements
      among the traders concerned, in line with Commission recommendation 92/295/EEC of 7 April 1992 on codes of practice for the  protection  of
      consumers in respect of contracts negotiated at a distance[11].

                                            ê 2002/65/EC recital 23 (adapted)

  18) With a view to optimum protection of the consumer, it is important that the consumer is adequately  informed  of  the  provisions  of  this
      Directive and of any codes of Ö practice Õ existing in this area and that he has a right of withdrawal.

                                            ê 97/7/EC recital 20

  19) Non-compliance with this Directive may harm not only consumers but also competitors. Provisions may therefore be laid down enabling  public
      bodies or their representatives, or consumer organizations which, under national  legislation,  have  a  legitimate  interest  in  consumer
      protection, or professional organizations which have a legitimate interest in taking action, to monitor the application thereof.

                                            ê 97/7/EC recital 22

  20) In the use of new technologies the consumer is not in control of the means of communication used. It is therefore necessary to provide that
      the burden of proof may be on the supplier.

                                            ê 97/7/EC recital 23

  21) There is a risk that, in certain cases, the consumer may be deprived of protection under this Directive through the designation of the  law
      of a third country as the law applicable to the contract. Provisions should therefore be included in this Directive to avert that risk.

                                            ê 97/7/EC recital 24

  22) A Member State may ban, in the general interest, the marketing on its territory of certain goods and services through  distance  contracts.
      That ban should comply with Community rules. There is already provision for such bans, notably with regard  to  medicinal  products,  under
      Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by  law,  regulation  or  administrative
      action in Member States concerning the pursuit  of  television  broadcasting  activities[12]  and  Directive  2001/83/EC  of  the  European
      Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use[13].

                                            ê .

  23) This Directive should be without prejudice to the obligations of the Member States relating  to  the  time-limits  for  transposition  into
      national law and application of the Directives set out in Annex II, Part B,

                                            ê 97/7/EC

HAVE ADOPTED THIS DIRECTIVE:

                                                                    Article 1

                                                                      Object

The object of this Directive is to approximate the laws, regulations and administrative provisions  of  the  Member  States  concerning  distance
contracts between consumers and suppliers.

                                                                    Article 2

                                                                   Definitions

For the purposes of this Directive, the following definitions shall apply:

(1)   ‘distance contract’ means any contract concerning goods or services concluded  between  a  supplier  and  a  consumer  under  an  organized
       distance sales or service-provision scheme run by the supplier, who, for the purpose of the contract, makes exclusive use of one  or  more
       means of distance communication up to and including the moment at which the contract is concluded;

(2)   ‘consumer’ means any natural person who, in contracts covered by this Directive, is acting  for  purposes  which  are  outside  his  trade,
       business or profession;

(3)   ‘supplier’ means any natural or legal person who, in contracts covered by this Directive, is  acting  in  his  commercial  or  professional
       capacity;

(4)   ‘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; an indicative list of the means covered by this Directive is contained  in
       Annex I;

(5)   ‘operator of a means of communication’ means any public or private natural or legal person whose trade,  business  or  profession  involves
       making one or more means of distance communication available to suppliers.

                                                                    Article 3

                                                                    Exemptions

1. This Directive shall not apply to contracts:

                                            ê 2002/65/EC Art. 18 pt. 1

(a)   relating to any financial service to which Directive 2002/65/EC of the European Parliament and of the Council [14] applies;

                                            ê 97/7/EC

(b)   concluded by means of automatic vending machines or automated commercial premises;

(c)   concluded with telecommunication operators through the use of public payphones;

(d)   concluded for the construction and sale of immovable property or relating to other immovable property rights, except for rental;

(e)   concluded at an auction.

2. Articles 4, 5, 6 and 7(1) shall not apply:

(a)   to contracts for the supply of foodstuffs, beverages or other goods  intended  for  everyday  consumption  supplied  to  the  home  of  the
       consumer, to his residence or to his workplace by regular roundsmen;

(b)   to contracts for the provision of accommodation, transport, catering or leisure services, where the supplier undertakes, when the  contract
       is concluded, to provide these services on a specific date or within a specific period; exceptionally, in  the  case  of  outdoor  leisure
       events, the supplier can reserve the right not to apply Article 7(2) in specific circumstances.

                                                                    Article 4

                                                                Prior information

1. In good time prior to the conclusion of any distance contract, the consumer shall be provided with the following information:

(a)   the identity of the supplier and, in the case of contracts requiring payment in advance, his address;

(b)   the main characteristics of the goods or services;

(c)   the price of the goods or services including all taxes;

(d)   delivery costs, where appropriate;

(e)   the arrangements for payment, delivery or performance;

(f)   the existence of a right of withdrawal, except in the cases referred to in Article 6(4);

(g)   the cost of using the means of distance communication, where it is calculated other than at the basic rate;

(h)   the period for which the offer or the price remains valid;

(i)   where appropriate, the minimum duration of the contract in the case of contracts for the supply of products or  services  to  be  performed
       permanently or recurrently.

2. The information referred to in paragraph 1, the commercial  purpose  of  which  must  be  made  clear,  shall  be  provided  in  a  clear  and
comprehensible manner in any way appropriate to the means of distance communication used, with due regard, in particular, to  the  principles  of
good faith in commercial transactions, and the principles governing the protection of those who are unable, pursuant to the  legislation  of  the
Member States, to give their consent, such as minors.

3. In the case of telephone communications, the identity of the supplier and the commercial purpose of the call shall be  made  explicitly  clear
at the beginning of any conversation with the consumer.

                                                                    Article 5

                                                       Written confirmation of information

1. The consumer shall receive written confirmation or confirmation in another durable medium available and accessible to him of  the  information
referred to in Article 4(1)(a) to (f), in good time during the performance of the contract, and at the latest  at  the  time  of  delivery  where
goods not for delivery to third parties are concerned, unless the information has already been given to the consumer prior to conclusion  of  the
contract in writing or on another durable medium available and accessible to him.

In any event the following shall be provided:

(a)   written information on the conditions and procedures for exercising the right of withdrawal, within the meaning  of  Article  6,  including
       the cases referred to in Article 6(4)(a);

(b)   the geographical address of the place of business of the supplier to which the consumer may address any complaints;

(c)   information on after-sales services and guarantees which exist;

                                            ê 97/7/EC (adapted)

(d)   the Ö conditions Õ for cancelling the contract, where it is of unspecified duration or a duration exceeding one year.

                                            ê 97/7/EC

2. Paragraph 1 shall not apply to services which are performed through the use of a means of distance communication, where they are  supplied  on
only one occasion and are invoiced by the operator of the means of distance communication. Nevertheless, the consumer shall in all cases be  able
to obtain the geographical address of the place of business of the supplier to which he may address any complaints.

                                                                    Article 6

                                                               Right of withdrawal

                                            ê 97/7/EC (adapted)

1. For any distance contract the consumer shall have a period of at least seven working days in which  to  withdraw  from  the  contract  without
penalty and without giving any reason.

                                            ê 97/7/EC

The period for exercise of this right shall begin:

(a)   in the case of goods, from the day of receipt by the consumer where the obligations laid down in Article 5 have been fulfilled;

(b)   in the case of services, from the day of conclusion of the contract or from the day on which the obligations laid down in  Article  5  were
       fulfilled if they are fulfilled after conclusion of the contract, provided that  this  period  does  not  exceed  the  three-month  period
       referred to in paragraph 2 of this Article.

2. If the supplier has failed to fulfil the obligations laid down in Article 5, the period for exercise of  his  right  of  withdrawal  shall  be
three months. The period shall begin:

(a)   in the case of goods, from the day of receipt by the consumer;

(b)   in the case of services, from the day of conclusion of the contract.

If the information referred to in Article 5 is supplied within this three-month period, the seven working day period referred to in  paragraph  1
of this Article shall begin as from that moment.

3. Where the right of withdrawal has been exercised by the consumer pursuant to this Article, the supplier shall  be  obliged  to  reimburse  the
sums paid by the consumer free of charge. The only charge that may be made to the consumer because of the exercise of his right of withdrawal  is
the direct cost of returning the goods. Such reimbursement shall be carried out as soon as possible and in any case within 30 days.

4. Unless the parties have agreed otherwise, the consumer may not exercise the right of withdrawal provided for in paragraphs 1 and 2 in  respect
of contracts:

(a)   for the provision of services if performance has begun, with the consumer's agreement, before the end  of  the  seven  working  day  period
       referred to in paragraph 1;

(b)   for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be  controlled  by
       the supplier;

(c)   for the supply of goods made to the consumer's specifications or clearly personalized or which,  by  reason  of  their  nature,  cannot  be
       returned or are liable to deteriorate or expire rapidly;

(d)   for the supply of audio or video recordings or computer software which were unsealed by the consumer;

(e)   for the supply of newspapers, periodicals and magazines;

(f)   for gaming and lottery services.

5. The Member States shall make provision in their legislation to ensure that, if the consumer exercises his right to withdraw from the  contract
in accordance with paragraphs 1 and 2, the credit agreement shall be cancelled, without any penalty:

(a)   if the price of goods or services is fully or partly covered by credit granted by the supplier, or

(b)   if that price is fully or partly covered by credit granted to the consumer by a third party on the basis of an agreement between the  third
       party and the supplier.

Member States shall determine the detailed rules for cancellation of the credit agreement.

                                                                    Article 7

                                                                   Performance

1. Unless the parties have agreed otherwise, the supplier shall execute the order within a maximum of 30 days from  the  day  following  that  on
which the consumer forwarded his order to the supplier.

2. Where a supplier fails to perform his side of the contract on the grounds that the goods or services ordered  are  unavailable,  the  consumer
shall be informed of this situation and shall be able to obtain a refund of any sums he has paid as soon as possible and in any  case  within  30
days.

3. Member States may lay down that the supplier may provide the consumer with goods or services of equivalent quality  and  price  provided  that
this possibility was provided for prior to the conclusion of the contract or in the contract.

The consumer shall be informed of this possibility in a clear and comprehensible manner.

The cost of returning the goods following exercise of the right of withdrawal shall, in this case, be borne by the  supplier,  and  the  consumer
shall be informed of this. In such cases the supply of goods or services may not be deemed to constitute inertia selling within  the  meaning  of
Article 9.

                                                                    [Article 8

                                                                 Payment by card

Member States shall ensure that appropriate measures exist to allow a consumer:

(a)   to request cancellation of a payment where fraudulent use has been made of his payment card in connection with distance  contracts  covered
       by this Directive;

(b)   in the event of fraudulent use, to be recredited with the sums paid or have them returned.]

                                            ê 2005/29/EC Art. 15 pt. 1

                                                                    Article 9

                                                                 Inertia selling

Given the prohibition of inertia selling practices laid down in Directive 2005/29/EC , Member States shall take the measures necessary to  exempt
the consumer from the provision of any consideration in cases of unsolicited supply, the absence of a response not constituting consent.

                                            ê 97/7/EC

                                                                    Article 10

                                        Restrictions on the use of certain means of distance communication

1. Use by a supplier of the following means requires the prior consent of the consumer:

(a)   automated calling system without human intervention (automatic calling machine);

(b)   facsimile machine (fax).

2. Member States shall ensure that means of distance communication, other  than  those  referred  to  in  paragraph  1,  which  allow  individual
communications may be used only where there is no clear objection from the consumer.

                                                                    Article 11

                                                        Judicial or administrative redress

1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive in the interests of consumers.

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 under national law before the courts or before the 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 organizations having a legitimate interest in protecting consumers;

(c)   professional organizations having a legitimate interest in acting.

3. Member States may stipulate that the burden of proof concerning the existence of prior  information,  written  confirmation,  compliance  with
time-limits or consumer consent can be placed on the supplier.

4. Member States shall take the measures needed to ensure that suppliers and operators of means of communication, where they are able to  do  so,
cease practices which do not comply with measures adopted pursuant to this Directive.

5. Member States may provide for voluntary supervision by self-regulatory bodies  of  compliance  with  the  provisions  of  this  Directive  and
recourse to such bodies for the settlement of disputes to be added to the means which Member States shall provide to ensure compliance  with  the
provisions of this Directive.

                                                                    Article 12

                                                                  Binding nature

1. The consumer may not waive the rights conferred on him by the transposition of this Directive into national law.

2. Member States shall take the measures needed to ensure that the consumer does not lose the protection granted by this Directive by  virtue  of
the choice of the law of a third country as the law applicable to the contract if the latter has close connection with the territory  of  one  or
more Member States.

                                                                    Article 13

                                                                 Community rules

1. The provisions of this Directive shall apply insofar as there are no particular provisions in the rules of  Community  law  governing  certain
types of distance contracts in their entirety.

2. Where specific Community rules contain provisions governing only certain aspects of the supply  of  goods  or  provision  of  services,  those
provisions, rather than the provisions of this Directive, shall apply to these specific aspects of the distance contracts.

                                                                    Article 14

                                                                  Minimal clause

Member States may introduce or maintain, in the area covered by this Directive, more stringent provisions compatible with the Treaty,  to  ensure
a higher level of consumer protection. Such provisions shall, where appropriate, include a ban, in the general  interest,  on  the  marketing  of
certain goods or services, particularly medicinal products, within their territory by means of  distance  contracts,  with  due  regard  for  the
Treaty.

                                                                    Article 15

                                                                  Implementation

                                            ê 97/7/EC (adapted)

1. Member States shall communicate to the Commission the text of the Ö main Õ provisions of national law which they adopt in the  field  governed
by this Directive.

2. No later than Ö 4 June 2001 Õ the Commission shall submit a report to the European  Parliament  and  the  Council  on  the  implementation  of
Directive Ö 97/7/EC Õ, accompanied if appropriate by a proposal for the revision thereof.

                                            ê 97/7/EC

                                                                    Article 16

                                                               Consumer information

Member States shall take appropriate measures to inform the consumer of the national law transposing this Directive and  shall  encourage,  where
appropriate, professional organizations to inform consumers of their codes of practice.

                                            ê 

                                                                    Article 17

                                                                      Repeal

Directive 97/7/EC, as amended by the Directives listed in Annex II, Part A, is repealed, without prejudice  to  the  obligations  of  the  Member
States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read  in  accordance  with  the  correlation
table in Annex III.

                                            ê 97/7/EC (adapted)

                                                                    Article 18

                                                                 Entry into force

This Directive shall enter into force on Ö 12 December 2007 Õ.

                                            ê 97/7/EC

                                                                    Article 19

                                                                    Addressees

This Directive is addressed to the Member States.

Done at Brussels, […]

For the European Parliament  For the Council
The President    The President
[…]   […]

                                            ê 97/7/EC (adapted)

                                                                     ANNEX I

                                  Ö Indicative list of Õ means of communication Ö as defined in Õ Article 2 (4)

                                            ê 97/7/EC

     – Unaddressed printed matter

     – Addressed printed matter

     – Standard letter

     – Press advertising with order form

     – Catalogue

     – Telephone with human intervention

     – Telephone without human intervention (automatic calling machine, audiotext)

     – Radio

     – Videophone (telephone with screen)

     – Videotex (microcomputer and television screen) with keyboard or touch screen

     – Electronic mail

     – Facsimile machine (fax)

     – Television (teleshopping).

                                                                    __________

                                            ê 97/7/EC

                                        Statement by the Council and the Parliament regarding Article 6(1)

The Council and the Parliament note that the Commission will examine the possibility and desirability of harmonizing the  method  of  calculating
the cooling-off period under existing consumer-protection legislation, notably Council Directive 85/577/EEC of 20 December 1985  to  protect  the
consumers in respect of contracts negotiated away from business premises[15] (‘door-to-door sales’).

                                            ê 97/7/EC (adapted)

                                                                    __________

                                            é

                                                                     ANNEX II

                                                                      Part A

                                                Repealed Directive with its successive amendments
                                                           (referred to in Article 17)

|Directive 97/7/EC of the European Parliament and of the Council                                      |                                     |
|(OJ L 144, 4.6.1997, p. 19)                                                                          |                                     |
|Directive 2002/65/EC of the European Parliament and of the Council                              |Article 18 only                      |
|(OJ L 271, 9.10.2002, p. 16)                                                                    |                                     |
|Directive 2005/29/EC of the European Parliament and of the Council                              |Article 15, point 1 only             |
|(OJ L 149, 11.6.2005, p. 22)                                                                    |                                     |

                                                                      Part B

                                     List of time-limits for transposition into national law and application
                                                           (referred to in Article 17)

|Directive                                     |Time-limit for transposition                  |Date of application                           |
|97/7/EC                                       |4 June 2000                                   |-                                             |
|2002/65/EC                                    |9 October 2004                                |-                                             |
|2005/29/EC                                    |11 June 2007                                  |12 December 2007                              |

                                                                  _____________

                                                                    ANNEX III

                                                                Correlation Table

|Directive 97/7/EC                                                    |This Directive                                                       |
|Articles 1 and 2                                                     |Articles 1 and 2                                                     |
|Article 3(1), introductory wording                                   |Article 3(1), introductory wording                                   |
|Article 3(1), first indent                                           |Article 3(1)(a)                                                      |
|Article 3(1), second indent                                          |Article 3(1)(b)                                                      |
|Article 3(1), third indent                                           |Article 3(1)(c)                                                      |
|Article 3(1), fourth indent                                          |Article 3(1)(d)                                                      |
|Article 3(1), fifth indent                                           |Article 3(1)(e)                                                      |
|Article 3(2), introductory wording                                   |Article 3(2), introductory wording                                   |
|Article 3(2), first indent                                           |Article 3(2)(a)                                                      |
|Article 3(2), second indent                                          |Article 3(2)(b)                                                      |
|Article 4                                                            |Article 4                                                            |
|Article 5(1), first subparagraph                                     |Article 5(1), first subparagraph                                     |
|Article 5(1), second subparagraph, introductory wording              |Article 5(1), second subparagraph, introductory wording              |
|Article 5(1), second subparagraph, first indent                      |Article 5(1), second subparagraph, (a)                               |
|Article 5(1), second subparagraph, second indent                     |Article 5(1), second subparagraph, (b)                               |
|Article 5(1), second subparagraph, third indent                      |Article 5(1), second subparagraph, (c)                               |
|Article 5(1), second subparagraph, fourth indent                     |Article 5(1), second subparagraph, (d)                               |
|Article 5(2)                                                         |Article 5(2)                                                         |
|Article 6(1), first subparagraph                                     |Article 6(1), first subparagraph                                     |
|Article 6(1), second subparagraph, introductory wording              |Article 6(1), second subparagraph, introductory wording              |
|Article 6(1), second subparagraph, first indent                      |Article 6(1), second subparagraph, (a)                               |
|Article 6(1), second subparagraph, second indent                     |Article 6(1), second subparagraph, (b)                               |
|Article 6(1), third subparagraph, introductory wording               |Article 6(2), first subparagraph, introductory wording               |
|Article 6(1), third subparagraph, first indent                       |Article 6(2), first subparagraph, (a)                                |
|Article 6(1), third subparagraph, second indent                      |Article 6(2), first subparagraph, (b)                                |
|Article 6(1), fourth subparagraph                                    |Article 6(2), second subparagraph                                    |
|Article 6(2)                                                         |Article 6(3)                                                         |
|Article 6(3), introductory wording                                   |Article 6(4), introductory wording                                   |
|Article 6(3), first indent                                           |Article 6(4)(a)                                                      |
|Article 6(3), second indent                                          |Article 6(4)(b)                                                      |
|Article 6(3), third indent                                           |Article 6(4)(c)                                                      |
|Article 6(3), fourth indent                                          |Article 6(4)(d)                                                      |
|Article 6(3), fifth indent                                           |Article 6(4)(e)                                                      |
|Article 6(3), sixth indent                                           |Article 6(4)(f)                                                      |
|Article 6(4), first subparagraph, introductory wording               |Article 6(5), first subparagraph, introductory wording               |
|Article 6(4), first subparagraph, first indent                       |Article 6(5), first subparagraph, (a)                                |
|Article 6(4), first subparagraph, second indent                      |Article 6(5), first subparagraph, (b)                                |
|Article 6(4), first subparagraph, final wording                      |Article 6(5), first subparagraph, introductory wording               |
|Article 6(4), second subparagraph                                    |Article 6(5), second subparagraph                                    |
|Article 7(1) and (2)                                                 |Article 7(1) and (2)                                                 |
|Article 7(3) first sentence                                          |Article 7(3) first subparagraph                                      |
|Article 7(3) second sentence                                         |Article 7(3) second subparagraph                                     |
|Article 7(3) third sentence                                          |Article 7(3) third subparagraph                                      |
|Article 8, introductory wording                                      |Article 8, introductory wording                                      |
|Article 8, first indent                                              |Article 8 (a)                                                        |
|Article 8, second indent                                             |Article 8 (b)                                                        |
|Article 9                                                            |Article 9                                                            |
|Article 10(1), introductory wording                                  |Article 10(1), introductory wording                                  |
|Article 10(1), first indent                                          |Article 10(1)(a)                                                     |
|Article 10(1), second indent                                         |Article 10(1)(b)                                                     |
|Article 10(2)                                                        |Article 10(2)                                                        |
|Article 11(1)                                                        |Article 11(1)                                                        |
|Article 11(2)                                                        |Article 11(2)                                                        |
|Article 11(3)(a)                                                     |Article 11(3)                                                        |
|Article 11(3)(b)                                                     |Article 11(4)                                                        |
|Article 11(4)                                                        |Article 11(5)                                                        |
|Articles 12, 13 and 14                                               |Articles 12, 13 and 14                                               |
|Article 15(1)                                                        |_____                                                                |
|Article 15(2)                                                        |_____                                                                |
|Article 15(3)                                                        |Article 15(1)                                                        |
|Article 15(4)                                                        |Article 15(2)                                                        |
|Article 16                                                           |Article 16                                                           |
|Article 17                                                           |_____                                                                |
|_____                                                                |Article 17                                                           |
|Articles 18 and 19                                                   |Articles 18 and 19                                                   |
|Annex I                                                              |Annex I                                                              |
|_____                                                                |Annex II                                                             |
|_____                                                                |Annex III                                                            |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   Carried out pursuant to the Communication from the Commission to the European Parliament and the  Council  –  Codification  of  the  Acquis
      communautaire, COM(2001) 645 final.
[4]   See Annex II, Part A of this proposal.
[5]   OJ C […], […], p. […].
[6]   OJ C […], […], p. […].
[7]   OJ L 144, 4.6.1997, p. 19. Directive as last amended by Directive 2005/29/EC (OJ L 149, 11.6.2005, p. 22).
[8]   See Annex II, Part A.
[9]   COM(1991) 41 final.
[10]  OJ L 149, 11.6.2005, p. 22.
[11]  OJ L 156, 10.6.1992, p. 21.
[12]  OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC  of  the  European  Parliament  and  of  the  Council  (OJ  L  202,
      30.7.1997, p. 60).
[13]  OJ L 311, 28.11.2001, p. 67. Directive as last amended by Regulation (EC) No 1901/2006 (OJ L 378, 27.12.2006, p. 1).
[14]  OJ L 271, 9.10.2002, p. 16.
[15]  OJ L 372, 31.12.1985, p. 31.