-Rapporteur recommends adoption of Common Position on Distance Marketing Directive without amendments - but Committee submits some 143.
Although the original draft proposal on the Directive was based on the principle of maximum harmonization, the Council agreed by a majority to support the principle of minimum harmonisation, which allows Member States to maintain or introduce more stringent consumer protection provisions in respect of almost all the provisions of the Directive, among others in cases of:
prior information. Such additional requirements must be notified to the Commission if they go beyond the additional requirements laid down in Community legislation on financial services.
withdrawal period. In the case of life insurance and personal pensions, the common position lays down a uniform period of 30 calendar days. For all other financial services, a uniform period for withdrawal of 14 calendar days applies. Member States may provide that the enforceability of distance contracts relating to investment services is suspended for the same period. Furthermore, Member States may provide that the right of withdrawal will not apply to credits intended primarily for the purpose of acquiring or retaining property rights in land or in an existing or planned building, or for the purpose of real estate loans or mortgage loans.
Referring to the European Parliaments position the rapporteur criticised especially:
the possibility referred to above of choosing between opt-in and opt-out systems for unsolicited communications.
according to the E-commerce Directive service providers must regularly consult and respect the opt-out registers in which natural persons not wishing to receive such commercial communications can register;
for advertising via fax, SMS or automated calling systems as well as for email addresses obtained in the course of business with customers, the rule must be that the prior consent of those concerned is required (Cappato report);
the exception for contracts made with the assistance of a notary public has not been included by the Council in the Common Position;
as regards exceptions relating to the right of withdrawal, contracts providing immediate cover in the case of certain non-life insurance policies have not been taken into account.
The rapporteur recommends that with respect to the narrow majority situation on the issues concerned within the European Parliament itself and the fragile compromise in the Council the Common Position should be adopted without amendments.
Despite this recommendation more than 143 amendments have jet been made by Committee members many of them referring only to a limited number of articles with some of them even showing the same wording.
Main concerns exist on articles 3 and 4 on harmonisation rules concerning the information requirements and on articles 6 and 7 on withdrawal rights and payments. The vote on the amendments will take place on the Committee meeting on 16 April.
See draft recommendation for second reading and amendments
See also Council Common Position and
Council statements
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