4-column document - Hoofdinhoud

Council of the European Union

Brussels, 12 March 2020 (OR. en)

6759/20

Interinstitutional File: 2018/0089(COD) i

CONSOM 53 MI 71 ENT 32 JUSTCIV 30 DENLEG 23 CODEC 176

NOTE

From: General Secretariat of the Council

To: Delegations

No. prev. doc.: 14600/19

No. Cion doc.: 7877/18 + ADD 1 - 5

Subject: 4-column document

Delegations will find attached the 4-column document as prepared for the first trilogue held on 14

January 2020.

ANNEX

on the proposal for a directive of the European Parliament and of the Council on representative actions

for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC i

2018/0089(COD) i

Version 1 [1st trilogue Representative Actions 4column doc.] Last change: 09-01-2020 at 18h20

Commission Proposal EP Mandate Council Mandate Draft Agreement

Formula

1 2018/0089 (COD) i 2018/0089 (COD) i 2018/0089 (COD) i

Proposal Title

Proposal for a Proposal for a Proposal for a DIRECTIVE OF THE DIRECTIVE OF THE DIRECTIVE OF THE EUROPEAN PARLIAMENT EUROPEAN PARLIAMENT EUROPEAN PARLIAMENT AND OF THE COUNCIL AND OF THE COUNCIL AND OF THE COUNCIL

2 on representative actions for the on representative actions for the on representative actions for the protection of the collective protection of the collective protection of the collective

interests of consumers, and interests of consumers, and interests of consumers, and repealing Directive 2009/22/EC i repealing Directive 2009/22/EC i repealing Directive 2009/22/EC i (Text with EEA relevance) (Text with EEA relevance) (Text with EEA relevance)

Formula

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THE EUROPEAN THE EUROPEAN THE EUROPEAN

3 PARLIAMENT AND THE PARLIAMENT AND THE PARLIAMENT AND THE COUNCIL OF THE EUROPEAN COUNCIL OF THE EUROPEAN COUNCIL OF THE EUROPEAN

UNION, UNION, UNION,

Citation 1

Having regard to the Treaty on the Having regard to the Treaty on the Having regard to the Treaty on the

4 Functioning of the European Functioning of the European Functioning of the European Union, and in particular Article Union, and in particular Article Union, and in particular Article

114 thereof, 114 thereof, 114 thereof,

Citation 2

5 Having regard to the proposal Having regard to the proposal Having regard to the proposal from the European Commission, from the European Commission, from the European Commission,

Citation 3

After transmission of the draft After transmission of the draft After transmission of the draft 6 legislative act to the national legislative act to the national legislative act to the national

parliaments, parliaments, parliaments,

Citation 4

Having regard to the opinion of Having regard to the opinion of Having regard to the opinion of 7 the European Economic and the European Economic and the European Economic and

Social Committee 1 , Social Committee 1 , Social Committee 1 , _________ _________ _________

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• 1. 

  OJ C […], […], p. […]. 1. OJ C […], […], p. […]. 1. OJ C […], […], p. […].

Citation 5

8 Acting in accordance with the Acting in accordance with the Acting in accordance with the ordinary legislative procedure, ordinary legislative procedure, ordinary legislative procedure,

Formula

9 Whereas: Whereas: Whereas:

Recital -1

(-1) Globalisation and digitalisation have increased the risk of a large number of consumers being harmed by the same unlawful practice. Infringements of Union law

9a cause consumer detriment. Without effective means to obtain the cessation of unlawful practices and redress losses of consumers, consumer

confidence in the internal market is hindered.

Recital -1a

9b (-1a) Lack of effective means of

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enforcement of Union law protecting consumers could also give rise to distortion of fair competition between infringing traders and compliant traders that operate either domestically or cross-border. This could hamper the smooth functioning of the internal market.

Recital -1b

(-1b) In accordance with Article 26(2) of the Treaty on the Functioning of the European Union (TFEU), the internal market is to comprise an area without internal frontiers in which the free movement of goods and services is ensured.

9c The internal market should provide consumers with added value in the form of better quality, greater variety,

reasonable prices and high safety standards for goods and services, which should promote a high level of consumer protection.

Recital -1c

9d

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(-1c) Article 169(1) and point (a) of Article 169(2) TFEU provide that the Union is to contribute to the attainment of a high level of consumer protection through measures adopted pursuant to Article 114 TFEU. Article 38 of the Charter of Fundamental Rights of the European Union provides that Union policies are to ensure a high level of consumer protection.

Recital 1

• (1) 

  The purpose of this Directive (1) The purpose of this Directive

is to enable qualified entities, is to enable qualified deleted

which represent the collective representative entities, which interest of consumers, to seek represent the collective interest of Moved to recital 2c remedy through representative consumers, to seek remedy actions against infringements of through representative actions provisions of Union law. The against infringements of

10 qualified entities should be able to provisions of Union law. The ask for stopping or prohibiting an qualified representative entities

infringement, for confirming that should be able to ask for stopping an infringement took place and to or prohibiting an infringement, for seek redress, such as confirming that an infringement compensation, repair or price took place and to seek redress, reduction as available under such as compensation, national laws. reimbursement of the price paid, repair , replacement, removal, or price reduction or contract

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termination as available under national laws.

AM 1

Recital 2

• (2) 

  Directive 2009/22/EC i of the (2) Directive 2009/22/EC i of the (2) Directive 2009/22/EC i of the European Parliament and of the European Parliament and of the European Parliament and of the Council 1 enabled qualified entities Council 1 enabled qualified Council 1 enabled qualified entities to bring representative actions representative entities to bring to bring representative actions primarily aimed at stopping and representative actions primarily primarily aimed at stopping and prohibiting infringements of aimed at stopping and prohibiting prohibiting infringements of Union law harmful to the infringements of Union law Union law harmful to the collective interests of consumers. harmful to the collective interests collective interests of consumers. However, that Directive did not of consumers. However, that However, that Directive did not sufficiently address the challenges Directive did not sufficiently sufficiently address the challenges for the enforcement of consumer address the challenges for the for the enforcement of consumer law. To improve the deterrence of enforcement of consumer law. To law. To improve the deterrence of

11 unlawful practices and to reduce improve the deterrence of unlawful practices and to reduce consumer detriment, it is unlawful practices , to encourage consumer detriment in an

necessary to strengthen the good and responsible business increasingly globalised and mechanism for protection of practices, and to reduce consumer digitalised marketplace, it is collective interests of consumers. detriment, it is necessary to necessary to strengthen the Given the numerous changes, for strengthen the mechanism for mechanism for protection of the sake of clarity it is appropriate protection of collective interests of collective interests of consumers to replace Directive 2009/22/EC i. consumers. Given the numerous to cover redress measures as _________ changes, for the sake of clarity it well as injunction measures. 1. OJ L 110/30, 1.5.2009. is appropriate to replace Directive Given the numerous changes 2009/22/EC. There is a strong required, for the sake of clarity need for Union intervention, on it is appropriate to replace the basis of Article 114 TFEU, in Directive 2009/22/EC i. order to ensure both access to _________

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justice and sound administration 1. OJ L 110/30, 1.5.2009. of justice as it will reduce the costs and burden entailed by individual actions. _________

• 1. 

  OJ L 110/30 110 , 1.5.2009 , p. 30 .

AM 2

Recital 2a

(2a) Representative action procedures, both for injunction and redress measures, vary across the Union and offer different level of protection for consumers. There are also Member States that at present

11a do not have any collective redress procedure in place. This

diminishes consumers’ and businesses’ confidence and ability to operate in the internal market, distorts competition and hampers the effective enforcement of Union law in the field of consumer protection.

Recital 2b

11b (2b) Addressing these issues requires at least one

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representative action procedure for injunction and redress measures in all Member States that corresponds to this Directive. Effective and efficient representative actions available across the Union should boost consumer confidence, empower consumers to exercise their rights, contribute to fairer competition and create a level playing field for traders operating in the internal market.

Moved from recital 5

Recital 2c

(2c) This Directive aims to contribute to the functioning of the internal market and the achievement of a high level of consumer protection by enabling qualified entities,

11c which represent the collective interests of consumers, to bring representative actions for the purpose of both injunction and redress measures against

traders infringing provisions of Union law. The qualified entities should be able to ask to stop or

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prohibit an infringement and to seek redress, such as compensation, repair or price reduction as appropriate and available under Union and national laws.

Moved from recital 1

Recital 3

• (3) 

  A representative action should (3) A representative action should (3) A representative action should offer an effective and efficient offer an effective and efficient offer an effective and efficient way of protecting the collective way of protecting the collective way of protecting the collective interests of consumers. It should interests of consumers against interests of consumers. It should allow qualified entities to act with both internal and cross-border allow qualified entities to act with the aim of ensuring compliance infringements . It should allow the aim of ensuring compliance with relevant provisions of Union qualified representative entities to with relevant provisions of Union law and to overcome the obstacles act with the aim of ensuring law and to overcome the obstacles faced by consumers within compliance with relevant faced by consumers within individual actions, such as the provisions of Union law and to individual actions, such as the

12 uncertainty about their rights and overcome the obstacles faced by uncertainty about their rights and available procedural mechanisms, consumers within individual available procedural mechanisms, psychological reluctance to take actions, such as the uncertainty psychological reluctance to take action and the negative balance of about their rights and available action and the negative balance of the expected costs and benefits of procedural mechanisms, previous the expected costs and benefits of the individual action. experience of unsuccessful the individual action.

claims, excessively lengthy proceedings, psychological reluctance to take action and the negative balance of the expected costs and benefits of the individual action , thereby

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increasing legal certainty for both claimants and defendants, as well as for the legal system .

AM 3

Recital 4

• (4) 

  It is important to ensure the (4) It is important to ensure the (4) It is important to ensure the necessary balance between access necessary balance between access necessary balance between access to justice and procedural to justice and procedural to justice and procedural safeguards against abusive safeguards against abusive safeguards against abusive litigation which could litigation which could litigation which could unjustifiably hinder the ability of unjustifiably hinder the ability of unjustifiably hinder the ability of businesses to operate in the Single businesses to operate in the Single businesses to operate in the Single Market. To prevent the misuse of Market. To prevent the misuse of internal market. To prevent the representative actions, elements representative actions, elements misuse of representative actions, such as punitive damages and the such as punitive damages and the elements such as punitive absence of limitations as regards absence of limitations as regards damages and the absence of

13 the entitlement to bring an action the entitlement to bring an action limitations as regards the on behalf of the harmed on behalf of the harmed entitlement to bring an action on

consumers should be avoided and consumers should be avoided and behalf of the harmed consumers clear rules on various procedural clear rules on various procedural should be avoided and clear rules aspects, such as the designation of aspects, such as the designation of on various certain procedural qualified entities, the origin of qualified representative entities, aspects, such as the designation their funds and nature of the the origin of their funds and nature and funding of qualified entities, information required to support of the information required to the origin of their funds and nature the representative action, should support the representative action, of the information required to be laid down. This Directive should be laid down. The support the representative action, should not affect national rules unsuccessful party This Directive should be laid down. This concerning the allocation of should not affect national rules Directive should not affect procedural costs. concerning the allocation of national rules concerning the procedural bear the costs of the allocation of procedural costs.

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proceedings. However, the court or tribunal should not award Last sentence moved partially to costs to the unsuccessful party to recital 13c the extent that they were unnecessarily incurred or are disproportionate to the claim .

AM 4

Recital 4a

(4a) This Directive should not replace existing national procedural mechanisms aiming at the protection of collective or individual consumer interests. Taking into account their legal traditions, it leaves to the discretion of the Member States whether to design the representative action set out by

13a this Directive as a part of an existing or future collective injunction or redress

mechanism or as a separate mechanism, insofar as at least one national procedural mechanism in the form of representative action complies with the modalities set by this Directive. For instance, this Directive should not prevent Member States from enacting

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legislation on actions for a declaratory decision even though this Directive does not provide for rules on such actions. If there are mechanisms in place at national level in addition to the mechanism required by this Directive, the qualified entity could choose which mechanism to use.

Moved from recital 24

Recital 4b

(4b) In line with the principle of procedural autonomy, this Directive should not contain provisions on all aspects of proceedings in representative actions. Consequently, it is for the Member States to set down rules, for instance, on

13b admissibility, evidence or means of appeal applicable to

representative actions. For example, it should be for Member States to decide on the required degree of similarity of individual claims or the minimum number of consumers concerned by an action for redress for the purpose of a case

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being admitted to be heard as a representative action. Such national rules should not hamper the effective functioning of representative actions as set out by this Directive.

Recital 5

• (5) 

  Infringements that affect the (5) Infringements that affect the collective interests of consumers collective interests of consumers deleted often have cross-border often have cross-border implications. More effective and implications. More effective and Moved to recital 2b

14 efficient representative actions efficient representative actions available across the Union should available across the Union should boost consumer confidence in the boost consumer confidence in the internal market and empower internal market and empower consumers to exercise their rights. consumers to exercise their rights.

Recital 6

• (6) 

  This Directive should cover a (6) This Directive should cover a (6) The scope of this Directive variety of areas such as data variety of areas such as data should cover a variety of areas protection, financial services, protection, financial services, such as datareflect the recent travel and tourism, energy, travel and tourism, energy, developments in the field of

15 telecommunications and telecommunications , consumer protection, financial environment. It should cover environment and health and services, travel and tourism,

infringements of provisions of environment . It should cover energy, telecommunications and Union law which protect the infringements of provisions of environment. It should cover interests of consumers, regardless Union law which protect the infringements of provisions of of whether they are referred to as collective interests of consumers, Union law which protect the consumers or as travellers, users, regardless of whether they are interests of consumers, regardless

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customers, retail investors, retail referred to as consumers or as of whether they are referred to as clients or other in the relevant travellers, users, customers, retail consumers or as travellers, users, Union law. To ensure adequate investors, retail clients or other in customers, retail investors, retail response to infringement to Union the relevant Union law , as well as clients or other in the relevant law, the form and scale of which the collective interests of data Union law. To ensure adequate is quickly evolving, it should be subjects within the meaning of response to infringement to Union considered, each time where a the GDP Regulation . To ensure law, the form and scale of which new Union act relevant for the adequate response to infringement is quickly evolving, it should be protection of the collective to Union law, the form and scale considered, each time where a interests of consumers is adopted, of which is quickly evolving, it new Union act relevant for the whether to amend the Annex to should be considered, each time protection of the collective the present Directive in order to where a new Union act relevant interests of consumers is adopted, place it under its scope. for the protection of the collective whether to amend the Annex to interests of consumers is adopted, the present Directive in order to whether to amend the Annex to place it under its scope. Since the present Directive in order to consumers now operate in a place it under its scope. wider and increasingly digitalised market, achieving a

AM 5 high level of consumer

protection requires that areas such as data protection, financial services, travel and tourism, energy and telecommunications are covered by the Directive, in addition to general consumer law. In particular, as there is increased consumer demand for financial and investment services, it is important to improve the enforcement of consumer law in these fields. Also in the field of digital

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services, the consumer market has evolved and there is an increased need for a more efficient enforcement of consumer law, including data protection.

Moved to recitals 6a, 6b, 6c and 6d

Recital 6a

(6a) This Directive applies to (6a) The Directive should cover representative actions brought infringements of provisions of against infringements with a Union law listed in Annex I to broad consumer impact related to this Directive to the extent that the provisions covered by the these provisions protect the Union law listed in Annex I. The interests of consumers, broad impact starts when two regardless of whether they are consumers are affected. referred to as consumers or as travellers, users, customers,

AM 6 retail investors, retail clients,

15a data subjects or other. However, it should protect the interests of natural persons that may be

harmed or have been harmed by those infringements only if they qualify as consumers according to this Directive. Infringements harming natural persons qualifying as traders should not be covered.

Moved from recital 6

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Recital 6b

(6b) This Directive should be without prejudice to the legal acts listed in Annex I and therefore it should not change or extend the definitions provided therein or replace any enforcement mechanisms that those legal acts may contain. For example, the enforcement

15b mechanisms provided for or based on Regulation (EU)

2016/679 of the European Parliament and of the Council (General Data Protection Regulation) could, if applicable, still be used for the protection of the collective interests of consumers.

Moved from recital 6

Recital 6c

(6c) For the sake of clarity, the scope of this Directive should be

15c set out as precisely as possible in Annex I. If the legal acts listed

in Annex I contain provisions that do not relate to consumer

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protection, reference should be made to the specific provisions that protect consumers’ interests. However, such references are not always feasible or possible due to the structure of certain legal acts, in particular in the field of financial services, including investment services.

Moved from recital 6

Recital 6d

(6d) To ensure adequate response to infringement to Union law, the form and scale of which is quickly evolving, it should be considered, each time where a new Union act relevant

15d for the protection of the collective interests of consumers

is adopted, whether to amend Annex I to this Directive in order to place the new act under the scope of this Directive.

Moved from recital 6

Recital 6e

15e

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(6e) Member States should remain competent, in accordance with Union law, to apply the provisions of this Directive to areas not falling within its scope. Member States may for instance maintain or introduce national legislation corresponding to the provisions of this Directive, or certain of its provisions, in relation to disputes that fall outside the scope of Annex I.

Recital 7

• (7) 

  The Commission has adopted (7) The Commission has adopted (7) The Commission has adopted legislative proposals for a legislative proposals for a legislative proposals for a Regulation of the European Regulation of the European Regulation of the European Parliament and of the Council Parliament and of the Council Parliament and of the Council amending Regulation (EC) No amending Regulation (EC) No amending Regulation (EC) No 261/2004 i establishing common 261/2004 establishing common 261/2004 establishing common rules on compensation and rules on compensation and rules on compensation and

16 assistance to passengers in the assistance to passengers in the assistance to passengers in the event of denied boarding and of event of denied boarding and of event of denied boarding and of

cancellation or long delay of cancellation or long delay of cancellation or long delay of flights and Regulation (EC) No flights and Regulation (EC) No flights and Regulation (EC) No 2027/97 i on air carrier liability in 2027/97 on air carrier liability in 2027/97 on air carrier liability in respect of the carriage of respect of the carriage of respect of the carriage of passengers and their baggage by passengers and their baggage by passengers and their baggage by air 1 and for a Regulation of the air 1 and for a Regulation of the air 1 and for a Regulation of the European Parliament and of the European Parliament and of the European Parliament and of the Council on rail passengers' rights Council on rail passengers' rights Council on rail passengers' rights

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and obligations. 2 It is therefore 2 and obligations. It is therefore and obligations. 2 It is therefore appropriate to provide that, one appropriate to provide that, one appropriate to provide that, one year after the entry into force of year after the entry into force of year after the entry into force of this Directive, the Commission this Directive, the Commission this Directive, the Commission assesses whether the Union rules assesses whether the Union rules assesses whether the Union rules in the area of air and rail in the area of air and rail in the area of air and rail passengers' rights offer an passengers' rights offer an passengers' rights offer an adequate level of protection for adequate level of protection for adequate level of protection for consumers, comparable to that consumers, comparable to that consumers, comparable to that provided for in this Directive, and provided for in this Directive, and provided for in this Directive, and draws any necessary conclusions draws any necessary conclusions draws any necessary conclusions as regards the scope of this as regards the scope of this as regards the scope of this Directive. Directive. Directive. _________ _________ _________

• 1. 

  COM(2013) 130 final i. 1. COM(2013) 130 final i. 1. COM(2013) 130 final i. 2. COM(2017) 548 final i. 2. COM(2017) 548 final i. 2. COM(2017) 548 final i.

Recital 7a

(7a) Since both judicial and administrative procedures may effectively and efficiently serve the protection of the collective interests of consumers, it is left to the discretion of the Member

16a States whether the representative action can be brought in judicial or administrative proceedings, or both, depending on the relevant area of law or relevant economic sector. This shall be without prejudice to the right to an

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effective remedy under Article 47 of the Charter of Fundamental Rights of the European Union, whereby Member States shall ensure that consumers and traders have the right to an effective remedy before a court or tribunal, against any administrative decision taken pursuant to national provisions implementing this Directive. This shall include the possibility for the parties to obtain a decision granting suspension of enforcement of the disputed decision, in accordance with national law.

Moved from recital 12

Recital 8

• (8) 

  Building on Directive (8) Building on Directive (8) Building on Directive 2009/22/EC i, this Directive should 2009/22/EC i, this Directive should 2009/22/EC i, this Directive should cover both domestic and crosscover both domestic and crosscover both domestic and crossborder infringements, in particular border infringements, in particular border infringements, in particular

17 when consumers concerned by an when consumers concerned by an when consumers concerned infringement live in one or several infringement live in one or several affected by an infringement live Member States other than the Member States other than the in one or several Member States Member State where the Member State where the other than the Member State infringing trader is established. It infringing trader is established. It where the infringing trader is should also cover infringements should also cover infringements established. It should also cover

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which ceased before the which ceased before the infringements which have ceased representative action started or representative action started or before the representative action concluded, since it may still be concluded, since it may still be has been started or concluded, necessary to prevent the repetition necessary to prevent the repetition since it may still be necessary to of the practice, establish that a of the practice, establish that a prevent the repetition of the given practice constituted an given practice constituted an practice by prohibiting it, to infringement and facilitate infringement and facilitate establish that a given practice consumer redress. consumer redress. constituted an infringement and to facilitate consumer redress.

Recital 9

• (9) 

  This Directive should not (9) This Directive should not (9) This Directive should not establish rules of private establish rules of private affect the application of nor international law regarding international law regarding establish rules ofon private jurisdiction, the recognition and jurisdiction, the recognition and international law regarding enforcement of judgments or enforcement of judgments or jurisdiction, the recognition and applicable law. The existing applicable law. The existing enforcement of judgments or Union law instruments apply to Union law instruments apply to applicable law. The existing the representative actions set out the representative actions set out Union law instruments apply to by this Directive. by this Directive preventing any the representative actions set out

18 increase in forum shopping . by this Directive. In particular, Regulation (EU) No 1215/2012 i

AM 7 of the European Parliament and

of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Ia), Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law

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applicable to contractual obligations (Rome I) and Regulation (EC) No 864/2007 i of the European Parliament and of the Council of 11 July 2007 on the law applicable to noncontractual obligations (Rome II) should apply to the representative actions set out by this Directive.

Recital 9a

(9a) This Directive should not (9-a) It should be noted that affect the application of EU rules Brussels Ia does not cover on private international law in competence of administrative cross-border cases. Regulation authorities nor recognition or (EU) No 1215/2012 of the enforcement of decisions by European Parliament and of the such authorities. These Council of 12 December 2012 on questions should be left to jurisdiction and the recognition national law. and enforcement of judgments in

18a civil and commercial matters (recast - Brussels I), Regulation (EC) No 593/2008 of the

European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) and Regulation (EC) No 864/2007of the European Parliament and of the Council of 11 July 2007 on the law applicable to non

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contractual obligations (Rome II) apply to the representative actions set out by this Directive.

AM 8

Recital 9b

(9a) As the case may be, it could be possible, in accordance with rules on private international law, for a qualified entity to bring a representative action in the Member State where it has been designated as well as in another Member State. Building on Directive 2009/22/EC i, this Directive should make a distinction between these two

18b types of representative actions. When a qualified entity brings a

representative action in another Member State than the one of its designation, that action should be considered a cross-border action. When a qualified entity brings a representative action in the Member State where it is designated, it should be considered a domestic representative action even if that action is brought against a trader domiciled in another

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Member State or even if consumers from several Member States are represented within that action. Decisive for determining the type of the representative action should be the Member State in which the action is brought. For this reason, a domestic representative action could not become a cross-border one during the course of proceedings, or vice versa.

Recital 9c

(9b) Consumer organisations in particular should play an active role in ensuring compliance with relevant provisions of Union law and are all well placed to apply for the status of qualified entity in accordance with national law.

18c According to national legal traditions, public bodies could

also play an active role in ensuring compliance with relevant provisions of Union law by bringing the representative actions set out by this Directive.

Moved from recital 11

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Recital 10

• (10) 

  As only qualified entities can (10) As only qualified (10) As only qualified entities can bring the representative actions, to representative entities can bring bring the For the purpose of ensure that the collective interests the representative actions, to cross-border representative of consumers are adequately ensure that the collective interests actions, to ensure that the represented the qualified entities of consumers are adequately collective interests of consumers should comply with the criteria represented the qualified are adequately represented the established by this Directive. In representative entities should qualified entities should comply particular, they would need to be comply with the criteria with the same criteria established properly constituted according to established by this Directive. In by this Directiveacross the the law of a Member State, which particular, they would need to be Union. In particular, they would could include for example properly constituted according to need to be legal persons properly requirements regarding the the law of a Member State, which constituted according to the law of number of members, the degree of could should include for example a Member State, which could permanence, or transparency requirements regarding the include for example requirements

19 requirements on relevant aspects number of members, the degree of regarding the number of members, of their structure such as their permanence, or transparency the degree of permanence, or

constitutive statutes, management requirements on relevant aspects transparency requirements on structure, objectives and working of their structure such as their relevant aspectshave a certain methods. They should also be not constitutive statutes, management degree of permanence and for profit and have a legitimate structure, objectives and working public activity, have a noninterest in ensuring compliance methods. They should also be not profit making character and with the relevant Union law. for profit and have a legitimate have a legitimate interest, in These criteria should apply to both interest in ensuring compliance light of their statutory purpose, qualified entities designated in with the relevant Union law. in protecting consumer interests advance and to ad hoc qualified Furthermore, the qualified as provided by relevant Union entities that are constituted for the representative entities must be law. For the purpose of purpose of a specific action. independent from market protecting the consumers, those operators, including financially. qualified entities should possess The These criteria should apply certain qualities necessary for to both qualified representative taking decisions relating to entities designated in advance and representative actions on behalf

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to ad hoc qualified entities that of the consumers. They should are constituted for the purpose of possess knowledge and skills in a specific action must also have the field of their structure such an established procedure to asactivity, including such prevent conflict of interests. understanding of law that they Member States shall not impose are independently able to make criteria that go beyond those informed decisions on whether established in this Directive . to bring a representative action or not. This should be without

AM 9 prejudice to their constitutive

statutes, management structure, objectives and working methodsright to use legal counsel such as lawyers. In order to guarantee the independence of the qualified entities, they should be financially sound and stable, taking into account for example any revenues or assets the entities may have. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. These criteriafully transparent about the source of their funding and provide for the relevant procedures to prevent detrimental influences to the collective interests of the represented consumers. In particular, qualified entities should apply to both qualified

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entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specificnot be influenced by any third party, other than their legal counsel and the consumers concerned, in taking their procedural decisions in the context of the representative action, including on settlements. Such third parties should not provide financing for a representative action for redress against a defendant who is a competitor of the fund provider, or against a defendant on whom the fund provider is dependant. However, this should be without prejudice to any public funding.

Recital 10a

(10a) Regarding qualified entities designated for the purpose of domestic representative actions, the

19a Member States should be able to establish the criteria for such

entities freely in accordance with their national legislation. However, Member States should be able to apply the criteria set out by this Directive for

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qualified entities designated for the purpose of cross-border actions also in respect of qualified entities acting only for the purpose of domestic actions.

Recital 10b

(10b) Any criteria applied to qualified entities in cross-border or domestic representative

19b actions should not hamper the effective functioning of

representative actions as set out by this Directive.

Recital 10c

(10c) Member States could set out rules to limit the right of a qualified entity to bring a crossborder representative action to the area of activity of that entity. The rules could provide,

19c for example, that qualified entities protecting consumer interests in the field of food safety or passenger rights could only bring cross-border

representative actions that are related to these purposes.

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Recital 11

• (11) 

  Independent public bodies (11) Independent public bodies and consumer organisations in and consumer organisations in deleted particular should play an active particular should play an active role in ensuring compliance with role in ensuring compliance with Moved to recital 9b relevant provisions of Union law relevant provisions of Union law and are all well placed to act as and are all well placed to act as qualified entities. Since these qualified entities. Since these entities have access to different entities have access to different

20 sources of information regarding sources of information regarding traders' practices towards traders' practices towards

consumers and hold different consumers and hold different priorities for their activities, priorities for their activities, Member States should be free to Member States should be free to decide on the types of measures decide on the types of measures that may be sought by each of that may be sought by each of these qualified entities in these qualified entities in representative actions. representative actions.

Recital 11a

(11a) Member States should be able to designate qualified entities in advance. However, for the purpose of domestic

20a representative actions, Member States could also or alternatively designate qualified entities on an ad hoc basis for a specific

action. Such designation could be made by the court or

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administrative authority seized, including by way of acceptance, where applicable. However, for the purpose of cross-border representative actions, common safeguards are needed. Therefore, qualified entities designated on an ad hoc basis should not be allowed to bring cross-border representative actions.

Recital 11b

(11b) It should be for the designating Member State to ensure that the qualified entity designated for the purpose of cross-border representative actions fulfils the criteria, to

20b assess whether it continues to comply with them and, if

necessary, to revoke the designation of the qualified entity. Member States should assess the compliance by qualified entities with the criteria at least every five years.

Recital 11c

20c (11c) If concerns appear

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regarding the compliance with the criteria by a qualified entity, the Member State that designated that entity should investigate the concerns and, where appropriate, revoke the designation. Member States should designate national contact points for the purpose of transmitting and receiving requests for investigations.

Recital 11d

(11d) Member States should ensure that cross-border representative actions can be brought in their courts or administrative authorities by qualified entities designated for the purpose of such representative actions in

20d another Member State. Furthermore, qualified entities

from different Member States should be able to join forces within a single representative action in front of a single forum, subject to relevant rules on competent jurisdiction. This should be without prejudice to the right of the court or administrative authority seized

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to examine whether the action is suitable to be heard as a single representative action.

Recital 11e

(11e) The mutual recognition of the legal capacity of qualified entities designated for the purpose of cross-border representative actions should be ensured. The identity of these organisations and public bodies should be communicated to the Commission and the

20e Commission should make that list publicly available. Inclusion on the list should serve as proof of the legal capacity of the

organisation or public body bringing the action. This should be without prejudice to the right to examine whether the purpose of the qualified entity justifies the action in a specific case.

Recital 11f

11ea In order to prevent 20f conflicts of interest, Member

States should be able to set out rules according to which their

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courts or administrative authorities could examine whether a qualified entity bringing a cross-border representative action for redress is funded by a third party having an economic interest in the outcome of a specific crossborder representative action and, if this is the case, reject the legal capacity of the qualified entity for the purpose of that action.

Recital 11g

(11f) When bringing a crossborder representative action, the qualified entity should be obliged to confirm to the court or the administrative authority overseeing the action that it still

20g complies with the criteria. Nevertheless, the court or administrative authority should examine the compliance with the criteria if it becomes aware of any justified concerns in that regard.

Recital 11h

20h

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(11g) Member States should take measures to address situations where the information presented by the entity on compliance with the criteria is incorrect. Those measures could include for example sanctions, dismissal of the action or other procedural measures. However, a dismissal of the action should not affect the rights of the consumers concerned by the action.

Recital 11i

(11h) The courts or administrative authorities should be able to assess the admissibility of a specific crossborder representative action in accordance with national law. In

20i accordance with the principle of non-discrimination, the

admissibility requirements applied to specific cross-border representative actions should not differ from those applied to specific domestic representative actions.

Recital 12

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• (12) 

  Since both judicial and (12) Since both judicial and

administrative procedures may administrative procedures may deleted

effectively and efficiently serve effectively and efficiently serve the protection of the collective the protection of the collective Moved to recital 7a interests of consumers it is left to interests of consumers it is left to the discretion of the Member the discretion of the Member States whether the representative States whether the representative action can be brought in judicial action can be brought in judicial or administrative proceedings, or or administrative proceedings, or both, depending on the relevant both, depending on the relevant area of law or relevant economic area of law or relevant economic sector. This shall be without sector. This shall be without prejudice to the right to an prejudice to the right to an effective remedy under Article 47 effective remedy under Article 47

21 of the Charter of Fundamental of the Charter of Fundamental Rights of the European Union, Rights of the European Union,

whereby Member States shall whereby Member States shall ensure that consumers and ensure that consumers and businesses have the right to an businesses have the right to an effective remedy before a court or effective remedy before a court or tribunal, against any tribunal, against any administrative decision taken administrative decision taken pursuant to national provisions pursuant to national provisions implementing this Directive. This implementing this Directive. This shall include the possibility for the shall include the possibility for the parties to obtain a decision parties to obtain a decision granting suspension of granting suspension of enforcement of the disputed enforcement of the disputed decision, in accordance with decision, in accordance with national law. national law.

Recital 12a

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(12a) Injunction measures aim at the protection of the collective interests of consumers independently of any actual loss or damage suffered by individual consumers. Injunction measures may require traders to take specific

21a action, such as providing consumers with the information

previously omitted in violation of legal obligations. A decision on an injunction measure should not depend on whether the practice was committed intentionally or by negligence.

Moved from recital 14

Recital 12b

(12b) When bringing a representative action, the qualified entity should provide sufficient information on the

21b consumers concerned by the action to the court or the

administrative authority. The information should allow the court or the administrative authority to establish its jurisdiction and the applicable

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law. In a case related to tort this would require informing the court or the administrative authority of the place where the harmful event affecting the consumers occurred or may occur. The detail of the required information could differ depending on which measure the qualified entity is seeking and whether an opt-in or an optout mechanism is applied. Furthermore, when bringing a representative action for injunction measures, the possible suspension or interruption of limitation periods applicable to subsequent claims for redress would require the qualified entity to provide sufficient information on the group of consumers concerned by the action.

Recital 13

• (13) 

  To increase the procedural (13) To increase the procedural (13) To increase the procedural effectiveness of representative effectiveness of representative effectiveness of representative

22 actions, qualified entities should actions, qualified entities should actions,Member States should have the possibility to seek have the possibility to seek ensure that qualified entities

different measures within a single different measures within a single should have the possibilityare representative action or within representative action or within able to seek differentinjunction separate representative actions. separate representative actions. measures within a single

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These measures should include These measures should include representative action or within interim measures for stopping an interim measures for stopping an separateand redress measures. ongoing practice or prohibiting a ongoing practice or prohibiting a With the objective of the practice in case the practice has practice in case the practice has procedural effectiveness of not been carried out but there is a not been carried out but there is a representative actions. These risk that it would cause serious or risk that it would cause serious or measures, Member States should irreversible harm to consumers, irreversible harm to consumers, include interim measures for measures establishing that a given measures establishing that a given stopping an ongoing practice or practice constitutes an practice constitutes an prohibiting a practice in case the infringement of law and, if infringement of law and, if practice has not been carried out necessary, stopping or prohibiting necessary, stopping or prohibiting but there is a risk that it would the practice for the future, as well the practice for the future, as well cause serious or irreversible harm as measures eliminating the as measures eliminating the to consumers,be able to decide continuing effects of the continuing effects of the that qualified entities have the infringement, including redress. If infringement, including redress. If possibility to seek injunction sought within a single action, sought within a single action, and redress measures qualified entities should be able to qualified entities should be able to establishing that a given practice seek all relevant measures at the seek all relevant measures at the constitutes an infringement of law moment of bringing the action or moment of bringing the action or and, if necessary, stopping or first seek relevant injunctions first seek relevant injunctions prohibiting the practice for the order and subsequently and if order and subsequently and if future, as well as measures appropriate redress order. appropriate redress order. eliminating the continuing effects of the infringement, including redresswithin a single representative action or within separate representative actions. If sought within a single action, qualified entities should be able to seek all relevant measures at the moment of bringing the action or first seek relevant injunctions orderinjunction measures and subsequently and if appropriate

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redress order measures.

Recital 13a

(13a) The qualified entity bringing the representative action under this Directive should be seeking the relevant measures, including redress measures, in the interests of the consumers affected by an infringement. The qualified entity should have the procedural rights and obligations of the claimant party to the proceedings. Member States could provide individual

22a consumers concerned by the action with certain rights within

the representative action. However, individual consumers should not be able to interfere with the procedural decisions undertaken by the qualified entities, individually request evidence within the proceedings or individually appeal the procedural decisions of the court or the administrative authority overseeing the representative action. Neither should the individual consumers have procedural obligations

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within the representative action.

Recital 13b

(13b) However, the consumers concerned should be entitled to benefit from the representative action. In representative actions for redress measures, these benefits would come in form of remedies, such as compensation,

22b repair, replacement, price reduction, contract termination or reimbursement of the price paid. In representative actions for injunction measures, the benefit would be the cessation or prohibition of a practice that constitutes an infringement.

Recital 13c

(13c) This Directive should not affect national rules on recovery of procedural costs or on the "loser pays" principle.

22c Individual consumers concerned by an action should not bear the costs of the proceedings, neither those of the qualified entity nor the trader. Exceptions to this

rule should be made only in

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exceptional circumstances, as provided for in national law, such as when a consumer has deliberately or negligently caused unnecessary legal costs by, for example, prolonging the proceedings by unlawful conduct, or when it is otherwise exceptionally justified. The costs of the proceedings should include, for example, any costs resulting from the fact that either party was represented by a lawyer or another legal professional, or any costs arising from the service or translation of documents. Moreover, Member States should be able to set out rules that allow qualified entities to require modest entry fees or similar participation charges from the consumers who have explicitly expressed their will to be represented by a qualified entity within a particular representative action for redress measures.

Recital 14

23 (14) Injunction orders aim at the (14) Injunction orders aim at the protection of the collective protection of the collective deleted

interests of consumers interests of consumers

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independently of any actual loss independently of any actual loss Moved to recital 12a or damage suffered by individual or damage suffered by individual consumers. Injunction orders may consumers. Injunction orders may require traders to take specific require traders to take specific action, such as providing action, such as providing consumers with the information consumers with the information previously omitted in violation of previously omitted in violation of legal obligations. Decisions legal obligations. Decisions establishing that a practice establishing that a practice constitutes an infringement should constitutes an infringement should not depend on whether the not depend on whether the practice was committed practice was committed intentionally or by negligence. intentionally or by negligence.

Recital 14a

(14a) Injunction measures should include definitive and provisional measures. The latter could cover interim, precautionary and preventive measures for stopping an ongoing practice or prohibiting

23a a practice in case the practice has not been carried out but

there is a risk that it would cause serious or irreversible harm to consumers. Injunction measures could also include measures establishing that a given practice constitutes an infringement of law, in cases where that practice ceased

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Commission Proposal EP Mandate Council Mandate Draft Agreement

before the representative actions has been brought, when there is still a need for establishing that such a practice constituted an infringement of law, for instance to facilitate follow-up actions for redress measures. They could, moreover, include an obligation for the infringing trader to publish the decision on the measure in full or in part, in such form as deemed adequate, or to publish a corrective statement.

Moved from recital 13

Recital 14b

(14b) Building on directive 2009/22/EC, Member States should be able to require that a prior consultation be undertaken by the party that intends to bring an action for an

23b injunction, in order to give the defendant an opportunity to

bring the contested infringement to an end. Member States should be able to require that this prior consultation takes place jointly with an independent public body

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designated by those Member States. Where the Member States have established that there should be prior consultation, a deadline of two weeks after the request for consultation is received should be set after which, should the cessation of the infringement not be achieved, the applicant should be entitled to bring an action, without any further delay, before the competent court or administrative authority. These requirements could, in accordance with national law, be applied also to actions for redress measures.

Recital 15

• (15) 

  The qualified entity initiating (15) The qualified entity initiating

the representative action under the representative action under deleted

this Directive should be a party to this Directive should be a party to the proceedings. Consumers the proceedings. Consumers concerned by the infringement concerned by the infringement

24 should have adequate should have adequate opportunities to benefit from the information regarding relevant outcomes of the opportunities to benefit from the representative action. Injunction relevant outcomes of the orders issued under this Directive representative action and how should be without prejudice to they can benefit from them . individual actions brought by Injunction orders issued under this

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consumers harmed by the practice Directive should be without subject to the injunction order. prejudice to individual actions brought by consumers harmed by the practice subject to the injunction order.

AM 10

Recital 15a

(15a) This Directive provides for a procedural mechanism, which does not affect the rules establishing substantive rights of consumers to contractual and non-contractual remedies in case their interests have been harmed by an infringement, such as the right to compensation for damages,

24a contract termination, reimbursement, replacement,

repair or price reduction as appropriate and as available under Union or national law. This Directive should not enable punitive damages being imposed on the infringing trader or overcompensation being awarded to consumers affected by an infringement. A representative action seeking redress under this Directive can

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only be brought where Union or national law provides for such substantive rights.

Moved from recital 23

Recital 15b

(15b) Consumers concerned by a representative action for redress should have adequate opportunities, after the action has been brought, to express their will on whether or not to be represented by the qualified entity in that specific representative action and whether or not to benefit from the relevant outcomes of that

24b representative action. To best respond to their legal traditions,

Member States should provide for an opt-in or opt-out mechanism, or a combination of both. In an opt-in mechanism, consumers should be required to explicitly express their will to be represented by the qualified entity within a representative action for redress. In an opt-out mechanism, consumers should be required to explicitly express their will not to be represented

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by the qualified entity within a representative action for redress. Member States should be able to decide at which stage of the representative action the individual consumers could exercise their right to opt in or opt out from the proceedings.

Recital 15c

15ba Member States providing for an opt-in mechanism should be able to require that some consumers opt in to the action

24c for a redress measure before the action has been brought as long as other consumers have an

opportunity to opt in also after the action has been brought.

Recital 15d

(15c) However, in order to ensure sound administration of justice and to avoid

24d irreconcilable judgments, an opt-in mechanism should be

required regarding a representative action for redress when the consumers affected by an infringement do not

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habitually reside in the Member State of the court or administrative authority before which the representative action is brought. In such a situation, consumers should have to explicitly express their will to be represented in that representative action in order to be bound by the outcome of the action.

Recital 15e

(15d) When consumers explicitly or tacitly express their will to be represented by a qualified entity within a representative action for redress, whether that action is brought within an opt-in or an opt-out mechanism, they should

24e no longer be able to be represented in other

representative actions nor bring individual actions with the same cause of action and against the same trader. However, this should not apply if a consumer, after having explicitly or tacitly expressed his or her will to be represented within a representative action for

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redress, later opts out from that action in accordance with national law, for example when a consumer later refuses to be bound by a settlement.

Recital 15f

(15e) For expediency and efficiency reasons, the Member States in accordance with their national laws could also provide consumers with the possibility to

24f directly benefit from a redress measure after it was issued

without other requirements on prior participation in the action.

Moved from recital 20

Recital 15g

(15f) Member States should lay down rules for the coordination between representative actions, individual actions initiated by

24g individual consumers and any other actions aimed at the

protection of individual and collective interests of consumers as provided under Union and national law. Injunction

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measures issued under this Directive should be without prejudice to individual redress actions brought by consumers harmed by the practice subject to the injunction measures.

Moved from recital 15

Recital 16

• (16) 

  Qualified entities should be (16) Qualified representative able to seek measures aimed at entities should be able to seek deleted eliminating the continuing effects measures aimed at eliminating the of the infringement. These continuing effects of the measures should take the form of infringement. These measures a redress order obligating the should take the form of a redress trader to provide for, inter alia, order obligating the trader to

25 compensation, repair, provide for, inter alia, replacement, price reduction, compensation, repair,

contract termination or replacement , removal , price reimbursement of the price paid, reduction, contract termination or as appropriate and as available reimbursement of the price paid, under national laws. as appropriate and as available under national laws.

AM 11

Recital 17

26 (17) The compensation awarded (17) The compensation awarded to consumers harmed in a mass to consumers harmed in a mass deleted

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harm situation should not exceed harm situation should not exceed the amount owed by the trader in the amount owed by the trader in accordance with the applicable accordance with the applicable national or Union Law in order to national or Union Law in order to cover the actual harm suffered by cover the actual harm suffered by them. In particular, punitive them. In particular, punitive damages, leading to damages, leading to overcompensation in favour of the overcompensation in favour of the claimant party of the damage claimant party of the damage suffered, should be avoided. suffered, should be avoided.

Recital 18

• (18) 

  Member States may require (18) Member States may should (18) Member States may should qualified entities to provide require qualified representative require qualified entities to sufficient information to support a entities to provide sufficient provide sufficient information to representative action for redress, information to support a support a representative action for including a description of the representative action for redress, redress, including a description of group of consumers concerned by including a description of the the group of consumers concerned an infringement and the questions group of consumers concerned by affected by an infringement and of fact and law to be resolved an infringement and the questions the questions of fact and law to be within the representative action. of fact and law to be resolved resolved within the representative

27 The qualified entity should not be within the representative action. action. The qualified entity should required to individually identify The qualified entity should not be not be required to individually

all consumers concerned by an required to individually identify identify all consumers concerned infringement in order to initiate all consumers concerned by an by an infringementthe action in the action. In representative infringement in order to initiate order to initiate the action it. In actions for redress the court or the action. In representative representative actions for redress administrative authority should actions for redress the court or the court or administrative verify at the earliest possible stage administrative authority should authority should verify at the of the proceedings whether the verify at the earliest possible stage earliest possible stage of the case is suitable for being brought of the proceedings whether the proceedings whether the case is as a representative action, given case is suitable for being brought suitable for being brought as a

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the nature of the infringement and as a representative action, given representative action, given the characteristics of the damages the nature of the infringement and nature of the infringement and suffered by consumers concerned. characteristics of the damages characteristics of the damages suffered by consumers concerned suffered by the consumers In particular, the claims should concerned affected. be ascertainable and uniform and there should be a commonality in the measures sought, third-party funding arrangement of the qualified entity should be transparent and without any conflict of interest. Member States should also ensure that the court or administrative authority has the authority to dismiss manifestly unfounded cases at the earliest possible stage of proceedings .

AM 12

Recital 19

• (19) 

  Member States should be allowed to decide whether their deleted deleted court or national authority seized

of a representative action for AM 13

28 redress may exceptionally issue, instead of a redress order, a

declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement which could be

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directly relied upon in subsequent redress actions by individual consumers. This possibility should be reserved to duly justified cases where the quantification of the individual redress to be attributed to each of the consumer concerned by the representative action is complex and it would be inefficient to carry it out within the representative action. Declaratory decisions should not be issued in situations which are not complex and in particular where consumers concerned are identifiable and where the consumers have suffered a comparable harm in relation to a period of time or a purchase. Similarly, declaratory decisions should not be issued where the amount of loss suffered by each of the individual consumers is so small that individual consumers are unlikely to claim for individual redress. The court or the national authority should duly motivate its recourse to a declaratory decision instead of a redress order in a particular case.

Recital 19a

28a

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(19a) The redress measure should identify the individual consumers or at least describe the group of consumers entitled to remedies provided by that measure, and if applicable state the method of quantification and the relevant steps to be taken by consumers and traders for the implementation of the remedies. Consumers entitled to remedies should be able to recover these remedies without having to initiate separate proceedings. For example, a requirement for separate proceedings implies the obligation for the consumer to bring an individual action to a court or an administrative authority for the quantification of harm. Conversely, in order to obtain individual redress, consumers may be required to take certain steps, such as addressing themselves to an entity in charge of the enforcement of the redress measure.

Recital 19b

28b (19b) Member States should lay

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down or maintain rules on time limits, such as limitation periods or other time limits for exercising their right to redress, for individual consumers to benefit from the redress measures. Member States may lay down rules on the destination of any outstanding redress funds that were not recovered within the established time limits.

Recital 20

• (20) 

  Where consumers concerned

by the same practice are deleted deleted

identifiable and they suffered

comparable harm in relation to a AM 14 Moved to recital 15e

period of time or a purchase, such as in the case of long-term consumer contracts, the court or administrative authority may

29 clearly define the group of consumers concerned by the infringement in the course of the representative action. In

particular, the court or administrative authority could ask the infringing trader to provide relevant information, such as the identity of the consumers concerned and the duration of the

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practice. For expediency and efficiency reasons, in these cases Member States in accordance with their national laws could consider to provide consumers with the possibility to directly benefit from a redress order after it was issued without being required to give their individual mandate before the redress order is issued.

Recital 21

• (21) 

  In low-value cases most

consumers are unlikely to take deleted deleted

action in order to enforce their

rights because the efforts would AM 15

outweigh the individual benefits. However, if the same practice concerns a number of consumers, the aggregated loss may be significant. In such cases, a court

30 or authority may consider that it is disproportionate to distribute the

funds back to the consumers concerned, for example because it is too onerous or impracticable. Therefore the funds received as redress through representative actions would better serve the purposes of the protection of collective interests of consumers and should be directed to a

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relevant public purpose, such as a consumer legal aid fund, awareness campaigns or consumer movements.

Recital 22

• (22) 

  Measures aimed at (22) Measures aimed at eliminating the continuing effects eliminating the continuing effects deleted of the infringement may be sought of the infringement may be sought only on the basis of a final only on the basis of a final decision, establishing an decision, establishing an infringement of Union law infringement of Union law covered by the scope of this covered by the scope of this Directive harming collective Directive harming collective interest of consumers, including a interest of consumers, including a final injunction order issued final injunction order issued within the representative action. In within the representative action. In particular, measures eliminating particular, measures eliminating

31 the continuing effects of the the continuing effects of the infringement may be sought on infringement may be sought on the basis of final decisions of a the basis of final decisions of a court or administrative authority court or administrative authority in the context of enforcement in the context of enforcement activities regulated by Regulation activities regulated by Regulation (EU) 2017/2394 of the European (EU) 2017/2394 of the European Parliament and of the Council of Parliament and of the Council of 12 December 2017 on cooperation 12 December 2017 on cooperation between national authorities between national authorities responsible for the enforcement of responsible for the enforcement of consumer protection laws and consumer protection laws and repealing Regulation (EC) No repealing Regulation (EC) No

6759/20 TC/fn 58

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_________ _________

• 1. 

  OJ L 345, 27.12.2017. 1. OJ L 345, 27.12.2017.

Recital 23

• (23) 

  This Directive provides for a (23) This Directive provides for a

procedural mechanism, which procedural mechanism, which deleted

does not affect the rules does not affect the rules establishing substantive rights of establishing substantive rights of Moved to recital 15a consumers to contractual and nonconsumers to contractual and noncontractual remedies in case their contractual remedies in case their interests have been harmed by an interests have been harmed by an infringement, such as the right to infringement, such as the right to compensation for damages, compensation for damages,

32 contract termination, contract termination,

reimbursement, replacement, reimbursement, replacement, repair or price reduction. A removal, repair or price reduction. representative action seeking A representative action seeking redress under this Directive can redress under this Directive can only be brought where Union or only be brought where Union or national law provides for such national law provides for such substantive rights. substantive rights.

AM 16

Recital 24

• (24) 

  This Directive does not (24) This Directive aims at a

33 replace existing national collective minimum harmonisation and deleted redress mechanisms. Taking into does not replace existing national

account their legal traditions, it collective redress mechanisms. Moved to recital 4a leaves it to the discretion of the Taking into account their legal

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Member States whether to design traditions, it leaves it to the the representative action set out by discretion of the Member States this Directive as a part of an whether to design the existing or future collective representative action set out by redress mechanism or as an this Directive as a part of an alternative to these mechanisms, existing or future collective insofar as the national mechanism redress mechanism or as an complies with the modalities set alternative to these mechanisms, by this Directive. insofar as the national mechanism complies with the modalities set by this Directive. It does not prevent Member States from maintaining their existing framework, neither does it oblige Member States to amend it. Member States will have the possibility to implement the rules provided for this Directive into their own system of collective redress or to implement them in a separate procedure.

AM 17

Recital 25

• (25) 

  Qualified entities should be (25) Qualified representative fully transparent about the source entities should be fully transparent deleted

34 of funding of their activity in about the source of funding of general and regarding the funds their activity in general and

supporting a specific regarding the funds supporting a representative action for redress in specific representative action for order to enable courts or redress in order to enable courts or

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administrative authorities to assess administrative authorities to assess whether there may be a conflict of whether there may be a conflict of interest between the third party interest between the third party funder and the qualified entity and funder and the qualified entity and to avoid risks of abusive litigation to avoid risks of abusive litigation as well as to assess whether the as well as to assess whether the funding third party has sufficient funding third party qualified resources in order to meet its entity has sufficient resources in financial commitments to the order to represent the best qualified entity. The information interests of consumers concerned provided by the qualified entity to and to support all necessary legal the court or administrative costs should the action fail meet authority overseeing the its financial commitments to the representative action should qualified entity . The information enable it to assess whether the provided by the qualified entity at third party may influence the earliest stage of proceedings procedural decisions of the to the court or administrative qualified entity in the context of authority overseeing the the representative action, representative action should including on settlements and enable it to assess whether the whether it provides financing for a third party may influence representative action for redress procedural decisions of the against a defendant who is a qualified entity in general and in competitor of the fund provider or the context of the representative against a defendant on whom the action, including on settlements fund provider is dependant. If any and whether it provides financing of these circumstances is for a representative action for confirmed, the court or redress against a defendant who is administrative authority should be a competitor of the fund provider empowered to require the or against a defendant on whom qualified entity to refuse the the fund provider is dependant. If relevant funding and, if necessary, any of these circumstances is reject standing of the qualified confirmed, the court or

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entity in a specific case. administrative authority should must be empowered to require the qualified entity to refuse the

relevant funding and, if necessary, reject standing of the qualified entity in a specific case. Member States should prevent law firms from establishing qualified representative entities. Indirect financing of the action through donations, including traders donations in the framework of a corporate social responsibility initiatives, shall be eligible for third party financing provided that it complies with the requirements on transparency, independence and absence of conflict of interest listed in Article 4 and Article 7.

AM 18

Recital 26

• (26) 

  Collective out-of-court (26) Collective out-of-court (26) Collective out-of-court settlements aimed at providing settlements , such as mediation, settlements aimed at providing redress to harmed consumers aimed at providing redress to redress to harmed consumers

35 should be encouraged both before harmed consumers should be should be encouraged both before the representative action is encouraged both before the the within a representative action brought and at any stage of the representative action is brought is brought and at any stage of the representative action. and at any stage of the representative actionfor redress representative action. measures.

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AM 19

Recital 27

• (27) 

  Member States may provide (27) Member States may provide

that a qualified entity and a trader that a qualified entity and a trader deleted

who have reached a settlement who have reached a settlement regarding redress for consumers regarding redress for consumers affected by an allegedly illegal affected by an allegedly illegal practice of that trader can jointly practice of that trader can jointly request a court or administrative request a court or administrative authority to approve it. Such authority to approve it. Such request should be admitted by the request should be admitted by the court or administrative authority court or administrative authority only if there is no other ongoing only if there is no other ongoing representative action regarding the representative action regarding the same practice. A competent court same practice. A competent court

36 or administrative authority or administrative authority

approving such collective approving such collective settlement must take into settlement must take into consideration the interests and consideration the interests and rights of all parties concerned, rights of all parties concerned, including individual consumers. including individual consumers. Individual consumers concerned Individual consumers concerned shall be given the possibility to shall be given the possibility to accept or to refuse to be bound by accept or to refuse to be bound by such a settlement. such a settlement. Settlements should be final and binding upon all parties.

AM 20

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Commission Proposal EP Mandate Council Mandate Draft Agreement

Recital 28

• (28) 

  The court and administrative (28) The court and administrative (28) The court and administrative authority should have the power to authority should have the power to authority should have the power invite the infringing trader and the invite the infringing trader and the be able to invite the infringing qualified entity which brought the qualified entity which brought the trader and the qualified entity representative action to enter into representative action to enter into which brought the representative negotiations aimed at reaching a negotiations aimed at reaching a action for redress to enter into settlement on redress to be settlement on redress to be negotiations aimed at reaching a provided to consumers concerned. provided to consumers concerned. settlement on redress to be The decision of whether to invite The decision of whether to invite provided to consumers concerned.

37 the parties to settle a dispute outthe parties to settle a dispute out The decision of whether to invite of-court should take into account of-court should take into account the parties to settle a dispute outthe

type of the infringement to the type of the infringement to of-court should take into account which the action relates, the which the action relates, the the type of the infringement to characteristics of the consumers characteristics of the consumers which by the action relates, the concerned, the possible type of concerned, the possible type of characteristics of the consumers redress to be offered, the redress to be offered, the concerned, the possible type of willingness of the parties to settle willingness of the parties to settle redress to be offered, the and the expediency of the and the expediency of the willingness of the parties to settle procedure. procedure. and the expediency of the procedure.

Recital 29

• (29) 

  In order to facilitate redress for individual consumers sought deleted deleted

38 on the basis of final declaratory decisions regarding the liability of AM 21

the trader towards the consumers harmed by an infringement issued within representative actions, the

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court or administrative authority that issued the decision should be empowered to request the qualified entity and the trader to reach a collective settlement.

Recital 30

• (30) 

  Any out-of-court settlement (30) Any out-of-court settlement (30) Any out-of-court settlement reached within the context of a reached within the context of a reached within the context of a representative action or based on a representative action or based on representative action or based on a final declaratory decision should a final declaratory decision final declaratory decisionfor be approved by the relevant court should be approved by the redress should be approved by the or the administrative authority to relevant court or the relevant court or administrative ensure its legality and fairness, administrative authority to ensure authority unless the conditions taking into consideration the its legality and fairness, taking of the settlement cannot be interests and rights of all parties into consideration the interests and enforced or the settlement is concerned. Individual consumers rights of all parties concerned. contrary to mandatory national concerned shall be given the The settlements are binding upon law, applicable to the cause of

39 possibility to accept or to refuse to all parties without prejudice to the action, which by way of be bound by such a settlement. any additional rights to redress contract cannot be departed

that the consumers concerned from to the detriment ofthe may have under Union or administrative authority to ensure national law Individual its legality and fairness, taking consumers concerned shall be into consideration the interests and given the possibility to accept or rights of all parties concerned. to refuse to be bound by such a Individual consumers. For settlement . example, a settlement which would explicitly leave

AM 22 unchanged a term of contract

giving the trader an exclusive right to interpret any other term of that contract could be against

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mandatory national law concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.

Recital 30a

(30a) Member States should be able to set out rules allowing the court or administrative

39a authority to refuse to approve a settlement also when the court or administrative authority

considers the settlement unfair.

Recital 30b

(30b) Member States could set out rules according to which the

39b individual consumers concerned are given the possibility to

accept or to refuse to be bound by a settlement.

Recital 31

• (31) 

  Ensuring that consumers are (31) Ensuring that consumers are (31) Ensuring that consumers are

40 informed about a representative informed about a representative informed about a representative action is crucial for its success. action is crucial for its success. action is crucial for its success.

Consumers should be informed of Consumers should be informed of Consumers should be informed of ongoing representative action, the ongoing representative action, the ongoing representativehave to be

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Commission Proposal EP Mandate Council Mandate Draft Agreement

fact that a trader's practice has fact that a trader's practice has aware of the action, the fact that a been considered as a breach of been considered as a breach of trader's practice has been law, their rights following the law, their rights following the considered as a breach of law, establishment of an infringement establishment of an infringement their rights following the and any subsequent steps to be and any subsequent steps to be establishment of an infringement taken by consumers concerned, taken by consumers concerned, and any subsequent steps to be particularly for obtaining redress. particularly for obtaining redress. taken by consumers concerned, The reputational risks associated The reputational risks associated particularly for obtaining redress. with spreading information about with spreading information about The reputational risks associated the infringement are also the infringement are also with spreading information about important for deterring traders important for deterring traders the infringement are also infringing consumer rights. infringing consumer rights. important for deterring traders infringing consumer rights in order to be able to explicitly or tacitly express their will to be represented in a representative action for redress. Member States should enable that by setting out appropriate rules on dissemination of information of actions to consumers. It should be for Member States to decide who should be responsible for disseminating the information.

Recital 31a

(31a) Consumers should equally be informed of final decisions

40a providing for injunction measures, redress measures or approved settlements, their rights following the

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establishment of an infringement and any subsequent steps to be taken by consumers concerned, particularly for obtaining redress. The reputational risks associated with spreading information about the infringement are also important for deterring traders infringing consumer rights.

Moved from recital 30

Recital 32

• (32) 

  To be effective, the (32) To be effective, the (32) To be effective, the information should be adequate information should be adequate information should be adequate and proportional to the and proportional to the and proportional to the circumstances of the case. The circumstances of the case. circumstances of the case. The infringing trader should Member States should ensure infringing trader should adequately inform all consumers that the court or the adequately inform all consumers concerned of a final injunction administrative authority may concerned of a final injunction

41 and redress orders issued within require the defeated party to The and redress orders issued within the representative action as well as infringing trader should the representative action as well as

of a settlement approved by a adequately inform all consumers of a settlement approved by a court or administrative authority. concerned of a final decision court or administrative authority. Such information may be provided concerning injunction and redress Such information may be provided for instance on the trader's orders issued within the for instance on the trader's website, social media, online representative action , and both website, social media, online market places, or in popular parties in cases as well as of a market places, or in popular newspapers, including those settlement approved by a court or newspapers, including those distributed exclusively by administrative authority. Such distributed exclusively by

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Commission Proposal EP Mandate Council Mandate Draft Agreement

electronic means of information may be provided for electronic means of communication. If possible, instance on the trader's website, communication. If possible and consumers should be informed social media, online market appropriate, consumers should individually through electronic or places, or in popular newspapers, be informed individually through paper letters. This information including those distributed electronic or paper letters. This should be provided in accessible exclusively by electronic means of information should be provided in formats for persons with communication. If possible, accessible formats for persons disabilities upon request. consumers should be informed with disabilities upon request. individually through electronic or paper letters. This information should be provided in accessible formats for persons with disabilities upon request. The defeated party shall bear the costs of consumer information.

AM 23

Recital 32a

(32a) Member States should be (32a) It should be for the encouraged to set up a national infringing trader to inform, at register for representative actions its own expense, all consumers free of charge, which could concerned of final injunction further enhance the transparency and redress measures. The

41a obligations. trader should also inform the consumers of a settlement

AM 24 approved by a court or

administrative authority. Member States could set out rules according to which such an obligation depends on the request by the qualified entity.

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If, according to national law, information of final decisions and approved settlements is provided to the consumers concerned by the action by the court or administrative authority or by the qualified entity, the trader should not need to provide the information a second time.

Moved from recital 32

Recital 33

• (33) 

  To enhance legal certainty, (33) To enhance legal certainty, (33) To enhance legal certainty, avoid inconsistency in the avoid inconsistency in the avoid inconsistency in the application of Union law and to application of Union law and to application of Union law and to increase the effectiveness and increase the effectiveness and increase the effectiveness and procedural efficiency of procedural efficiency of procedural efficiency of representative actions and of representative actions and of representative actions and of possible follow-on actions for possible follow-on actions for possible follow-on actions for redress, the finding of an redress, the finding of an redress, the finding of Member

42 infringement established in a final infringement or a non States should ensure that a final decision, including a final infringement established in a final decision of a court or an

injunction order under this decision, including a final administrative authority of any Directive, issued by an injunction order under this Member State establishing an administrative authority or a court Directive, issued by an infringement established in a final should not be relitigated in administrative authority or a court decision, including a final subsequent legal actions related to should be binding upon all injunction order under this the same infringement by the parties, which participated in the Directive, issued by an same trader as regards the nature representative action. The final administrative authority or a court of the infringement and its decision should be without should not be relitigated in

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material, personal, temporal and prejudice to any additional rights subsequent legal actions related to territorial scope as determined by to redress that the consumers the same infringement byharming that final decision. Where an concerned may have under collective interests of consumers action seeking measures Union or national law. The can be used as evidence of the eliminating the continuing effects redress obtained through the existence of that infringement of the infringement, including for settlement should also be binding for the purposes of any other redress, is brought in a Member upon cases involving the same actions seeking redress before State other than the Member State practice, the same trader and the their national courts or where a final decision establishing same consumer not be relitigated administrative authorities this infringement was issued, the in subsequent legal actions related against the same trader as regards decision should constitute a to the same infringement by the the nature of thefor the same rebuttable presumption that the same trader as regards the nature infringement and its material, infringement has occurred. of the infringement and its personal, temporal and territorial material, personal, temporal and scope as determined by that final territorial scope as determined by decision. Where an action seeking that final decision . Where an measures eliminating the action seeking measures continuing effects. In line with eliminating the continuing effects the independence of the of the infringement, including for infringement, including for redress, is brought in a Member redress, is brought in a Member State other than the Member State State other than the Member State where a final decision establishing where a final decision establishing this infringement or a nonthis infringement was issued, the infringement was issued, the decision judiciary and the free decision should constitute a evaluation of evidence, this rebuttable presumption an should constitute a rebuttable evidence that the infringement has presumption that the infringement or has not occurred in related has occurredbe without prejudice cases . Member States shall to national law on evaluation of ensure that a final decision of a evidence. court of one Member State establishing the existence or nonexistence of the infringement for

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the purposes of any other actions seeking redress before their national courts in another Member State against the same trader for the same infringement shall be considered as a rebuttable presumption.

AM 25

Recital 34

• (34) 

  Member States should (34) Member States should ensure that individual actions for ensure that individual actions for deleted redress may be based on a final redress may be based on a final

43 declaratory decision issued within declaratory decision issued within a representative action. Such a representative action. Such

actions should be available actions should be available through expedient and simplified through expedient and simplified procedures. procedures.

Recital 35

• (35) 

  Actions for redress based on (35) Actions for redress based on (35) Limitation periods are the establishment of an the establishment of an usually suspended when the infringement by a final injunction infringement by a final injunction action is brought. However,

44 order or by a final declaratory order or by a final declaratory actions for injunction measures decision regarding the liability of decision regarding the liability of do not necessarily have this

the trader towards the harmed the trader towards the harmed effect in relation to subsequent consumers under this Directive consumers under this Directive redress based on the establishment should not be hindered by national should not be hindered by national of an infringement by a rules on limitation periods. The rules on limitation periods. The finalmeasures that may arise

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submission of a representative submission of a representative from the same infringement. action shall have the effect of action shall have the effect of Member States should therefore suspending or interrupting the suspending or interrupting the ensure that a pending limitation periods for any redress limitation periods for any redress representative action for an actions for the consumers actions for the consumers injunction order or by a final concerned by this action. concerned by this action. declaratory decision regarding the liability of the trader towards the

AM 26 harmedmeasure has the effect of

suspending or interrupting applicable limitation periods in respect of consumers concerned by the action so that those consumers, individually or represented by a qualified entity, are not prevented from subsequently bringing a redress action concerning the alleged infringement due to the expiry of limitation periods during the representative actions for those injunction measures. When bringing a representative action for injunctions, the qualified entity should sufficiently define the group of consumers under this Directive should not be hindered by national rules onwhose interests are affected by the alleged infringement, and who could possibly have a claim arising from that infringement and could be affected by the expiry of limitation periods

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during the action for injunctions. For the sake of clarity, it should be stated that also a pending . The submission of a representative action shallfor a redress measure should have the effect of suspending or interrupting theapplicable limitation periods for any redress actions for thein respect of consumers concerned by thisthat action.

Recital 35a

(35a) In order to ensure legal certainty, suspension or interruption of limitation periods imposed in accordance with this Directive should apply only to redress claims based on infringements that occurred on or after [date of application of

44a this Directive]. This should not preclude the application of

national provisions on suspension or interruption of limitation periods which were already applicable prior to [date of application of the Directive] to redress claims based on infringements that occurred before that date.

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Recital 36

• (36) 

  Representative actions for (36) Representative actions for (36) Representative actions for injunction orders should be treated injunction orders should be treated injunction ordersmeasures should with due procedural expediency. with due procedural expediency. be treated with due procedural Injunction orders with interim Injunction orders with interim expediency. If an infringement is effect should always be treated by effect should always be treated by ongoing, the need for way of an accelerated procedure way of an accelerated procedure expediency could be in order to prevent any or further in order to prevent any or further accentuated. Actions for

45 harm caused by the infringement. harm caused by the infringement. injunction orders with interimmeasures with provisional effect should, as appropriate, always be treated by way of an accelerated a summary procedure in order to prevent any or further harm caused by the infringement.

Recital 37

• (37) 

  Evidence is an important (37) Evidence is an important (37) Evidence is an important element for establishing whether a element for establishing whether a element for establishing whether a given practice constitutes an given practice constitutes an given practice constitutes an infringement of law, whether there infringement of law, whether there infringement of law, whether there

46 is a risk of its repetition, for is a risk of its repetition, for is a risk of its repetition, for determining the consumers determining the consumers determining the consumers

concerned by an infringement, concerned by an infringement, concerned by an infringement, deciding on redress and deciding on redress and deciding onrepresentative action adequately informing consumers adequately informing consumers for injunctions or redress and concerned by a representative concerned by a representative adequately informing consumers action about the ongoing action about the ongoing concerned by a representative

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proceedings and its final proceedings and its final action about the ongoing outcomes. However, business-tooutcomes. However, business-toproceedings and its final consumer relationships are consumer relationships are outcomesis well founded. characterised by information characterised by information However, business-to-consumer asymmetry and the necessary asymmetry and the necessary relationships are often information may be held information may be held characterised by information exclusively by the trader, making exclusively by the trader, making asymmetry and the necessary it inaccessible to the qualified it inaccessible to the qualified information evidence may be entity. Qualified entities should entity. Qualified entities should held exclusively by the trader, therefore be afforded the right to therefore be afforded the right to making it inaccessible to the request to the competent court or request to the competent court or qualified entity. Qualified entities administrative authority the administrative authority the should therefore be afforded have disclosure by the trader of disclosure by the trader of the right to request to the evidence relevant to their claim or evidence relevant to their claim or competent court or administrative needed for adequately informing needed for adequately informing authority to order the disclosure consumers concerned about the consumers concerned about the by the trader of evidence relevant representative action, without it representative action, without it to their claim. On the other hand, being necessary for them to being necessary for them to taking into account the principle specify individual items of specify individual items of of equality of arms, the trader evidence. The need, scope and evidence. The need, scope and should have a similar right to proportionality of such disclosure proportionality of such disclosure request evidence that is in should be carefully assessed by should be carefully assessed by control of the qualified entity or the court or administrative the court or administrative needed for adequately informing authority overseeing the authority overseeing the consumers concerned about the representative action having representative action having representative action, without it regard to the protection of regard to the protection of being necessary for them to legitimate interests of third parties legitimate interests of third parties specify individual items of and subject to the applicable and subject to the applicable evidence. The need, scope and Union and national rules on Union and national rules on proportionality of such the confidentiality. confidentiality. disclosure of evidence should in accordance with national procedural law be carefully assessed by the court or

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Commission Proposal EP Mandate Council Mandate Draft Agreement

administrative authority overseeing the representative action having regard to the protection of legitimate interests of third parties and subject to the applicable Union and national rules on confidentiality.

Recital 38

• (38) 

  In order to ensure the (38) In order to ensure the (38) In order to ensure the effectiveness of the representative effectiveness of the representative effectiveness of the representative actions infringing traders should actions infringing traders should actions, infringing traders should face effective, dissuasive and face effective, dissuasive and face effective, dissuasive and proportionate penalties for nonproportionate penalties for nonproportionate penalties for noncompliance with a final decision compliance with a final decision compliance with a final decision issued within the representative issued within the representative issued within the representative action. action. actionfailure or refusal to comply with an injunction measure. Member States should

47 ensure that those penalties could take the form of fines, for

example conditional fines, periodical payments or penalty payments. There should also be penalties for failure or refusal to comply with an order to provide information to consumers concerned on final decisions or settlements or to disclose evidence. Also other types of penalties, such as procedural measures, should be able to be

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applied to a refusal to comply with an order to disclose evidence.

Recital 39

• (39) 

  Having regard to the fact that (39) Having regard to the fact that (39) Having regard to the fact that representative actions pursue a representative actions pursue a representative actions pursue a public interest by protecting the public interest by protecting the public interest by protecting the collective interests of consumers, collective interests of consumers, collective interests of consumers, Member States should ensure that Member States should ensure that Member States should qualified entities are not prevented qualified representative entities ensuremaintain or aim to find from bringing representative are not prevented from bringing means for the purpose of actions under this Directive representative actions under this ensuring that qualified entities are because of the costs involved with Directive because of the costs not prevented from bringing the procedures. involved with the procedures. representative actions under this However, subject to the relevant Directive because of due to the conditions under national law, costs involved with the

48 this should be without prejudice procedures. These means could

to the fact that the party that include limiting applicable court loses a representative action or administrative fees, granting reimburses necessary legal costs the qualified entities access to borne by the winning party legal aid where necessary or (‘loser pays principle’). However, providing them with public the court or administrative funding for bringing authority should not award costs representative actions as well as to the unsuccessful party to the other means of support. extent that they were However, Member States should unnecessarily incurred or are not be required to finance disproportionate to the claim. representative actions.

AM 27

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Recital 39a

(39a) Member States should ensure that contingency fees are avoided and lawyers’ remuneration and the method by which it is calculated do no create any incentive to litigation that is unnecessary from the point of view of the interest of consumers or any of the parties

48a concerned and could prevent

consumers from fully benefiting from the representative action. The Member States that allow for contingency fees should ensure that such fees do not prevent obtaining full compensation by consumers.

AM 28

Recital 40

• (40) 

  Cooperation and exchange of (40) Cooperation and exchange of (40) Cooperation and exchange of information between qualified information , good practices and information between qualified entities from different Member experience between qualified entities from different Member

49 States have proven to be useful in representative entities from States have proven to be useful in addressing cross-border different Member States have addressing in particular crossinfringements.

There is a need for proven to be useful in addressing border infringements. There is a continuing and expanding the cross-border infringements. There need for continuing and expanding capacity-building and cooperation is a need for continuing and the capacity-building and measures to a larger number of expanding the capacity-building cooperation measures to a larger

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qualified entities across the Union and cooperation measures to a number of qualified entities across in order to increase the use of larger number of qualified the Union in order to increase the representative actions with crossrepresentative entities across the use of representative actions with border implications. Union in order to increase the use cross-border implications. of representative actions with cross-border implications.

AM 29

Recital 40a

(40a) For the purposes of the evaluation of this Directive, Member States should provide the Commission with data on representative actions brought under this Directive. Member States should provide information on the number and type of representative actions that have been concluded by any

49a of their courts or administrative authorities. Information on the outcomes of representative

actions, such as whether or not they have been admissible and whether or not they have been successful or resulted in an approved settlement, should also be provided. In order to ease Member States’ administrative burden in fulfilling these obligations, it should, in

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particular concerning injunction measures, suffice to provide the Commission with general information on the type of infringements and the parties. As regards parties, for example, it should be enough to inform the Commission on whether the qualified entity has been a public body or a consumer organisation, and on the trader's field of business, for example financial services. Alternatively, Member States could provide the Commission with copies of relevant decisions or settlements. Information on the identities of the consumers concerned by the representative actions should not be provided.

Recital 41

• (41) 

  In order to effectively tackle (41) In order to effectively tackle

infringements with cross-border infringements with cross-border deleted

implications the mutual implications the mutual recognition of the legal standing recognition of the legal standing

50 of qualified entities designated in of qualified entities designated in advance in one Member State to advance in one Member State to seek representative action in seek representative action in

another Member State should be another Member State should be ensured. Furthermore, qualified ensured. Furthermore, qualified entities from different Member entities from different Member

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Commission Proposal EP Mandate Council Mandate Draft Agreement

States should be able to join forces States should be able to join forces within a single representative within a single representative action in front of a single forum, action in front of a single forum, subject to relevant rules on subject to relevant rules on competent jurisdiction. For competent jurisdiction. For reasons of efficiency and reasons of efficiency and effectiveness, one qualified entity effectiveness, one qualified entity should be able to bring a should be able to bring a representative action in the name representative action in the name of other qualified entities of other qualified entities representing consumers from representing consumers from different Member States. different Member States.

Recital 41a

(41a) In order to explore the possibility of having a procedure at Union level for cross-border representative actions, the

50a Commission should assess the possibility of establishing a

European Ombudsman for collective redress.

AM 30

Recital 42

• (42) 

  This Directive respects (42) This Directive respects (42) This Directive respects 51 fundamental rights and observes fundamental rights and observes fundamental rights and observes

the principles recognised in the principles recognised in the principles recognised in particular by the Charter of particular by the Charter of particular by the Charter of

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Fundamental Rights of the Fundamental Rights of the Fundamental Rights of the European Union. Accordingly, European Union. Accordingly, European Union. Accordingly, this Directive should be this Directive should be this Directive should be interpreted and applied in interpreted and applied in interpreted and applied in accordance with those rights and accordance with those rights and accordance with those rights and principles, including those related principles, including those related principles, including those related to the right to an effective remedy to the right to an effective remedy to the right to an effective remedy and to a fair trial, as well as the and to a fair trial, as well as the and to a fair trial, as well as the right of defence. right of defence. right of defence.

Recital 43

• (43) 

  With regard to (43) With regard to (43) With regard to environmental law, this Directive environmental law, this Directive environmental law, this Directive takes account of the UNECE takes account of the UNECE takes account of the UNECE

52 Convention on Access to Convention on Access to Convention on Access to Information, Public Participation Information, Public Participation Information, Public Participation

in Decision-Making and Access to in Decision-Making and Access to in Decision-Making and Access to Justice in Environmental Matters Justice in Environmental Matters Justice in Environmental Matters (‘the Aarhus Convention’). (‘the Aarhus Convention’). (‘the Aarhus Convention’).

Recital 44

• (44) 

  The objectives of this (44) The objectives of this (44) The objectives of this Directive, namely establishing a Directive, namely establishing a Directive, namely representative action mechanism representative action mechanism establishingensuring that a

53 for the protection of the collective for the protection of the collective representative action mechanism interests of consumers in order to interests of consumers in order to for the purpose of both

ensure a high level of consumer ensure a high level of consumer injunction and redress measures protection across the Union and protection across the Union and is established in all Member the proper functioning of the the proper functioning of the States for the protection of the internal market, cannot be internal market, cannot be collective interests of consumers

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sufficiently achieved by actions sufficiently achieved by actions in order to ensure a high level of taken exclusively by Member taken exclusively by Member consumer protection across the States, but can rather, due to States, but can rather, due to Union and the proper functioning cross-border implications of cross-border implications of of the internal market, cannot be representative actions, be better representative actions, be better sufficiently achieved by actions achieved at Union level. The achieved at Union level. The taken exclusively by Member Union may therefore adopt Union may therefore adopt States, but can rather, due to measures, in accordance with the measures, in accordance with the cross-border implications of principle of subsidiarity as set out principle of subsidiarity as set out representative in Article 5 of the Treaty on in Article 5 of the Treaty on actionsinfringements, be better European Union. In accordance European Union. In accordance achieved at Union level. The with the principle of with the principle of Union may therefore adopt proportionality, as set out in that proportionality, as set out in that measures, in accordance with the Article, this Directive does not go Article, this Directive does not go principle of subsidiarity as set out beyond what is necessary in order beyond what is necessary in order in Article 5 of the Treaty on to achieve that objective. to achieve that objective. European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

Recital 45

• (45) 

  In accordance with the Joint (45) In accordance with the Joint (45) In accordance with the Joint Political Declaration of 28 Political Declaration of 28 Political Declaration of 28 September 2011 of Member States September 2011 of Member States September 2011 of Member States

54 and the Commission on and the Commission on and the Commission on explanatory documents 1 , Member explanatory documents 1 , Member explanatory documents 1 , Member

States have undertaken to States have undertaken to States have undertaken to accompany, in justified cases, the accompany, in justified cases, the accompany, in justified cases, the notification of their transposition notification of their transposition notification of their transposition measures with one or more measures with one or more measures with one or more

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documents explaining the documents explaining the documents explaining the relationship between the relationship between the relationship between the components of a directive and the components of a directive and the components of a directive and the corresponding parts of national corresponding parts of national corresponding parts of national transposition instruments. With transposition instruments. With transposition instruments. With regard to this Directive, the regard to this Directive, the regard to this Directive, the legislator considers the legislator considers the legislator considers the transmission of such documents to transmission of such documents to transmission of such documents to be justified. be justified. be justified. _________ _________ _________

• 1. 

  OJ C 369, 17.12.2011, p. 14. 1. OJ C 369, 17.12.2011, p. 14. 1. OJ C 369, 17.12.2011, p. 14.

Recital 46

• (46) 

  It is appropriate to provide (46) It is appropriate to provide (46) It is appropriate to provide 55 rules for the temporal application rules for the temporal application rules for the temporal application

of this Directive. of this Directive. of this Directive.

Recital 47

56 (47) Directive 2009/22/EC i should (47) Directive 2009/22/EC i should (47) Directive 2009/22/EC i should therefore be repealed, therefore be repealed, therefore be repealed,

Formula

57 HAVE ADOPTED THIS HAVE ADOPTED THIS HAVE ADOPTED THIS DIRECTIVE: DIRECTIVE: DIRECTIVE:

Chapter 1

6759/20 TC/fn 85

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Chapter 1 Chapter 1 Chapter 1 Subject matter, scope and Subject matter, scope and Subject matter, scope and

definitions definitions definitions

Article 1

59 Article 1 Article 1 Article 1 Subject matter Subject matter Subject matter

Article 1(1)

• 1. 

  This Directive sets out rules 1. This Directive sets out rules 1. This Directive sets out rules enabling qualified entities to seek enabling qualified representative enabling qualified entities to seek representative actions aimed at the entities to seek representative ensuring that representative protection of the collective actions aimed at the protection of actions aimed at the protection of interests of consumers, while the collective interests of the collective interests of ensuring appropriate safeguards to consumers and thereby, in consumers are available in all avoid abusive litigation. particular, achieve and enforce a Member States, while ensuring high level of protection and providing appropriate safeguards

60 access to justice , while at the to avoid abusive litigation. The same time ensuring appropriate measures adopted for the

safeguards to avoid abusive approximation of laws, litigation. regulations and administrative provisions of the Member States

AM 31 have as their objective the better

functioning of the internal market taking as a base the achievement of a high level of consumer protection.

Article 1(2)

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• 2. 

  This Directive shall not prevent 2. This Directive shall not prevent 2. This Directive shall not prevent Member States from adopting or Member States from adopting or Member States from adopting or maintaining in force provisions maintaining in force provisions maintaining in force provisions designed to grant qualified entities designed to grant qualified designed to grant qualified entities or any other persons concerned representative entities or any or any other persons concerned other procedural means to bring other persons concerned public other procedural means to bring actions aimed at the protection of body other procedural means to actions aimed at the protection of the collective interests of bring actions aimed at the the collective interests of

61 consumers at national level. protection of the collective consumers at national interests of consumers at national levelprocedural means for the

level. The implementation of this protection of the collective Directive shall under no interests of consumers at circumstances constitute grounds national level. However, for the reduction of consumer Member States shall ensure that protection in fields covered by the at least one representative scope of Union law. action mechanism complies with this Directive.

AM 32

Article 2

62 Article 2 Article 2 Article 2 Scope Scope Scope

Article 2(1)

• 1. 

  This Directive shall apply to 1. This Directive shall apply to 1. This Directive shall apply to

63 representative actions brought representative actions brought representative actions brought against infringements by traders of against infringements with a against infringements by traders of

provisions of the Union law listed broad consumer impact by traders provisions of the Union law listed in Annex I that harm or may harm of provisions of the Union law in Annex I, also as transposed

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the collective interests of listed in Annex I that harm or may into national law, that harm or consumers. It shall apply to harm protect the collective may harm the collective interests domestic and cross-border interests of consumers. It shall of consumers. This Directive is infringements, including where apply to domestic and crosswithout prejudice to the Union those infringements have ceased border infringements, including law listed in Annex I. It shall before the representative action where those infringements have apply to domestic and crosshas started or before the ceased before the representative border infringements, including representative action has been action has started or before the where those infringements have concluded. representative action has been ceased before the representative concluded. action has started or before the representative action has been

AM 33 concluded.

Article 2(2)

• 2. 

  This Directive shall not affect 2. This Directive shall not affect 2. This Directive shall not affect rules establishing contractual and rules establishing contractual and rules establishing contractual and

64 non-contractual remedies non-contractual remedies non-contractual remedies available to consumers for such available to consumers for such available to consumers for such

infringements under Union or infringements under Union or infringements under Union or national law. national law. national law.

Article 2(3)

• 3. 

  This Directive is without 3. This Directive is without 3. This Directive is without prejudice to the Union rules on prejudice to the Union rules on prejudice to the Union rules on private international law, in private international law, in private international law, in

65 particular rules related to court particular rules related to court particular rules related to court jurisdiction and applicable law. jurisdiction , to the recognition jurisdiction, recognition and and enforcement of judgements enforcement of judgments, and in civil and commercial matters applicable law.

and rules on the law applicable

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to contractual and noncontractual obligations, which apply to the representative actions set out by this Directive and applicable law .

AM 34

Article 2(3a)

3a. This Directive is without prejudice to other forms of

65a redress mechanisms provided for

in national law.

AM 35

Article 2(3b)

3b. This Directive respects the fundamental rights, and observes the principles, recognised by the Charter of Fundamental Rights of the European Union and the

65b European Convention on Human

Rights, and in particular the right to a fair and impartial trial and the right to an effective remedy.

AM 36

Article 3

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66 Article 3 Article 3 Article 3 Definitions Definitions Definitions

Article 3, first paragraph, introductory part

For the purposes of this Directive, For the purposes of this Directive, For the purposes of this Directive, 67 the following definitions shall the following definitions shall the following definitions shall

apply: apply: apply:

Article 3(1), point(1)

• (1) 

  ‘consumer’ means any natural (1) ‘consumer’ means any natural (1) ‘consumer’ means any natural person who is acting for purposes person who is acting for purposes person who is acting for purposes

68 which are outside their trade, which are outside their trade, which are outside that person's business, craft or profession; business, craft or profession; their trade, business, craft or

profession;

Article 3, first paragraph, point(1a)

(1a) ‘consumer organisation’ means any group that seeks to protect consumers' interests from

68a illegal acts or omissions

committed by traders.

AM 37

Article 3(1), point(2)

6759/20 TC/fn 90

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• (2) 

  ‘trader’ means any natural (2) ‘trader’ means any natural (2) ‘trader’ means any natural person or any legal person, person or any legal person, person or any legal person, irrespective of whether privately irrespective of whether privately irrespective of whether privately or publicly owned, who is acting, or publicly owned, who is acting or publicly owned, who is acting, including through any other in a civil capacity under the rules including through any other person acting in their name or on of civil law , including through any person acting in that person's their behalf, for purposes relating other person acting in their name their name or on that person's to their trade, business, craft or or on their behalf, for purposes their behalf, for purposes relating profession; relating to their trade, business, to that person's their trade, craft or profession; business, craft or profession;

  AM 38

Article 3(1), point(3)

• (3) 

  ‘collective interests of (3) ‘collective interests of (3) ‘collective interests of consumers’ means the interests of consumers’ means the interests of consumers’ means the general a number of consumers; a number of consumers or of data interest of consumers and, in

70 subjects as defined in Regulation particular for the purpose of

(EU) 2016/679 (General Data redress measures, the interests of Protection Regulation) ; a numbergroup of consumers;

AM 39

Article 3(1), point(4)

• (4) 

  ‘representative action’ means (4) ‘representative action’ means (4) ‘representative action’ means an action for the protection of the an action for the protection of the an action for the protection of the

71 collective interests of consumers collective interests of consumers collective interests of consumers to which the consumers concerned to which the consumers concerned to which the consumers concerned are not parties; are not parties; are not partiesbrought by a

qualified entity aiming at an

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injunction measure or a redress measure, or both;

Article 3, first paragraph, point(4a)

(4a) ‘domestic representative action’ means a representative

71a action brought by a qualified entity in the Member State in

which the qualified entity is designated;

Article 3, first paragraph, point(4b)

(4b) ‘cross-border representative action’ means a representative action brought

71b by a qualified entity in a Member State other than that in which the qualified entity is designated;

Article 3(1), point(5)

72 (5) ‘practice’ means any act or (5) ‘practice’ means any act or (5) ‘practice’ means any act or omission by a trader; omission by a trader; omission by a trader;

Article 3(1), point(6)

6759/20 TC/fn 92

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decision by a Member State's decision by a Member State's decision by a Member State's court that cannot or can no longer court that cannot or can no longer court that cannot or can no longer be appealed or a decision by an be appealed or a decision by an be appealed or a decision by an or administrative authority that can administrative authority that can administrative authority that no longer be subject to judicial no longer be subject to judicial cannot or can no longer be review. review. reviewed by ordinary means of appeal subject to judicial review.

Article 3, first paragraph, point(6a)

(6a) “consumer law” means Union and national law adopted

73a to protect consumers.

AM 40

Chapter 2

74 Chapter 2 Chapter 2 Chapter 2 Representative actions Representative actions Representative actions

Article 4

Article 4 Article 4 Article 4

75 Qualified entities Qualified representative entities Qualified entities for the purpose of domestic representative

AM 41 actions

Article 4(1), first subparagraph

6759/20 TC/fn 93

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• 1. 

  Member States shall ensure 1. Member States shall ensure 1. Member States shall ensure that representative actions can be that representative actions can be that domestic representative brought by qualified entities brought by qualified entities actions can be brought by designated, at their request, by the designated, at their request, by the qualified entities designated, at Member States in advance for this Member States in advance for this their request, by the Member purpose and placed in a publicly purpose and placed in a publicly States in advance for this available list. available list or their courts shall purpose and placed in a publicly designate within their respective available list. territory at least one qualified representative entity for the purpose of bringing representative actions within the meaning of Article 3(4) .

  AM 42

Article 4(1), second subparagraph, introductory part

Member States shall designate an Member States shall designate an entity as qualified entity if it entity as qualified representative deleted

77 complies with the following entity if it complies with all of the criteria: following criteria:

Moved to Article 4a, paragraph 3

AM 42

Article 4(1), second subparagraph, point(a)

(a) it is properly constituted (a) it is properly constituted

78 according to the law of a Member according to the law of a Member deleted State; State;

Moved to Article 4a, paragraph 3

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Article 4(1), second subparagraph, point(b)

(b) it has a legitimate interest in (b) it has a its statutes or another

ensuring that provisions of Union governance document and its deleted law covered by this Directive are continued activity involving the complied with; defence and protection of Moved to Article 4a, paragraph 3 consumers interests demonstrate

79 its legitimate interest in ensuring

that provisions of Union law covered by this Directive are complied with;

AM 43

Article 4(1), second subparagraph, point(c)

(c) it has a non-profit making (c) it has a non-profit making

80 character. character. deleted

Moved to Article 4a, paragraph 3

Article 4(1), second subparagraph, point(ca)

(ca) it acts in a way that is independent from other entities and from persons other than

80a consumers who might have an economic interest in the outcome

of the representative actions, in particular from market operators;

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AM 44

Article 4(1), second subparagraph, point(cb)

(cb) it does not have financial agreements with plaintiff law

80b firms beyond a normal service

contract;

AM 45

Article 4(1), second subparagraph, point(cc)

(cc) it has established internal procedures to prevent a conflict

80c of interest between itself and its

funders;

AM 46

Article 4(1), second subparagraph, introductory part a

Members States shall provide that the qualified representative entities disclose publicly, by appropriate means, such as on its

80d website, in plain and intelligible language, how it is financed, its organisational and management structure, its objective and its

working methods as well as its activities.

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AM 47

Article 4(1), third subparagraph

Member States shall assess on a Member States shall assess on a

regular basis whether a qualified regular basis whether a qualified deleted

entity continues to comply with representative entity continues to these criteria. Member States shall comply with these criteria. Moved to Article 4a, paragraph 4 ensure that the qualified entity Member States shall ensure that

81 loses its status under this Directive the qualified representative entity if it no longer complies with one loses its status under this Directive

or more of the criteria listed in the if it no longer complies with one first subparagraph. or more of the criteria listed in the first subparagraph.

AM 47

Article 4(1), third subparagraph a

Member States shall establish a list of representative entities complying with the criteria listed in paragraph 1 and make it

81a publicly available. They shall

communicate the list to the Commission updated where necessary.

AM 47

Article 4(1), third subparagraph b

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The Commission shall publish the list of representative entities received from the Member States

81b on a publicly accessible online

portal.

AM 47

Article 4(1a)

1a. Member States may provide that public bodies already designated before the entry into force of this Directive in accordance with national law

81c shall remain eligible for the

status of representative entity within the meaning of this Article.

AM 48

Article 4(2)

• 2. 

  Member States may designate

a qualified entity on an ad hoc deleted deleted

82 basis for a particular representative action, at its AM 49 Moved to paragraph 4b

request, if it complies with the criteria referred to in paragraph 1.

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Commission Proposal EP Mandate Council Mandate Draft Agreement

Article 4(3)

• 3. 

  Member States shall ensure 3. Member States shall ensure 3. Member States shall ensure that in particular consumer that consumer organisations that in particular consumer organisations and independent meeting the criteria listed in organisations and independent public bodies are eligible for the paragraph 1 and in particular public bodies are eligible for the status of qualified entity. Member consumer organisations and status of qualified entity., States may designate as qualified independent public bodies are including those representing entities consumer organisations eligible for the status of qualified consumers from more than one

83 that represent members from more representative entity. Member Member States may designate as than one Member State. States may designate as qualified qualified entities consumer

entities consumer organisations organisations that represent that represent members from more members from more than one than one Member State. Member StateState, are eligible to apply for the status of

AM 50 qualified entity in accordance

with national law.

Article 4(4)

• 4. 

  Member States may set out

rules specifying which qualified deleted deleted

entities may seek all of the

84 measures referred to in Articles 5 AM 51

and 6, and which qualified entities may seek only one or more of these measures.

Article 4(4a)

84a (4a) Member States may

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designate public bodies as qualified entities.

Article 4(4b)

(4b) Member States may designate a qualified entity, at its own request, on an ad hoc

84b basis for the purpose of a particular representative action.

Moved from paragraph 2

Article 4(4c)

(4c) Information on qualified entities designated in advance

84c for the purpose of any representative action shall be made available to the public.

Article 4(5)

• 5. 

  The compliance by a qualified 5. The compliance by a qualified entity with the criteria referred to entity with the criteria referred to deleted in paragraph 1 is without in paragraph 1 is without

85 prejudice to the right of the court prejudice to the right duty of the or administrative authority to court or administrative authority examine whether the purpose of to examine whether the purpose of the qualified entity justifies its the qualified entity justifies its

taking action in a specific case in taking action in a specific case in

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Commission Proposal EP Mandate Council Mandate Draft Agreement

accordance with Article 5(1). accordance with Article 4 and Article 5(1). 5(1).

AM 52

Article 4a

Article 4a

85a Designation of qualified entities for the purpose of cross-border

representative actions

Article 4a(1)

• 1. 

  Member States shall ensure that entities, in particular consumer organisations, including those representing

85b members from more than one Member State, are eligible to apply for the status of qualified entity for the purpose of crossborder representative actions.

Article 4a(2)

• 2. 

  Member States may

85c designate public bodies as qualified entities for the purpose

of cross-border representative actions.

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Article 4a(3), introductory part

• 3. 

  Without prejudice to paragraph 2, Member States shall designate an entity, at its request, as a qualified entity for

85d the purpose of cross-border representative actions if it

complies with all of the following criteria:

Moved from Article 4, paragraph 1

Article 4a(3), point(a)

a it is a legal person properly constituted according to the law of the Member State of designation 18 months prior to

85e the designation request and can demonstrate 12 months of actual

public activity in the protection of consumers’ interests;

Moved from Article 4, paragraph 1

Article 4a(3), point(b)

85f b in accordance with its statutory purpose, it has a

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Commission Proposal EP Mandate Council Mandate Draft Agreement

legitimate interest in protecting consumer interests as provided by Union law covered by this Directive;

Moved from Article 4, paragraph 1

Article 4a(3), point(c)

c it has a non-profit making

85g character;

Moved from Article 4, paragraph 1

Article 4a(3), point(d)

(ca) it possesses knowledge and skills in the field of its activity

85h necessary for the bringing of cross-border representative actions in that field;

Article 4a(3), point(e)

85i (caa) it is in a sound and stable financial situation;

Article 4a(3), point(f)

85j (cb) it is not influenced by

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persons, other than consumers, who have an economic interest in the bringing of any representative action, in particular by traders, including in case of funding by third parties, and it has procedures to prevent such an influence;

Article 4a(3), point(g)

(cc) it discloses publicly by any appropriate means, in particular on its website,

85k information on the above listed criteria and information about the source of funding of its

activity in general.

Article 4a(4)

3a. Member States may set out rules to limit the right of a

85l qualified entity to bring a representative action to the area of activity of that entity.

Article 4a(5)

85m 3b. Member States shall communicate to the Commission

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Commission Proposal EP Mandate Council Mandate Draft Agreement

a list of the qualified entities referred to in paragraphs 2 and 3, including the name and purpose of those qualified entities as well as possible limitations referred to in paragraph 3a, no later than on… [one year after the date of transposition] and whenever there are changes to that list. Member States shall make that list publicly available.

Article 4a(6)

  The Commission shall make a compiled list of these qualified entities publicly available. The

85n list shall be updated annually and whenever changes are

communicated to the Commission.

Article 4a(7)

• 4. 

  Member States shall assess at least every five years whether

85o qualified entities continue to comply with the criteria listed in

paragraph 3. Member States shall ensure that the qualified entity loses its status if it no

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Commission Proposal EP Mandate Council Mandate Draft Agreement

longer complies with one or more of the criteria.

Moved from Article 4, paragraph 1

Article 4a(8)

• 5. 

  If a Member State or the Commission raises concerns regarding the compliance by a qualified entity with the criteria laid down in paragraph 3, the Member State that designated

85p that entity shall investigate the concerns and, where

appropriate, revoke the designation if one or more of the criteria are not complied with.

Moved from Article 16, paragraph 4

Article 4a(9)

• 6. 

  Member States shall designate national contact points for the purpose of

85q paragraph 5 and communicate the name and contact details of

those contact points to the Commission. The Commission shall compile a list of designated contact points and make that list

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Commission Proposal EP Mandate Council Mandate Draft Agreement

available to the Member States.

Article 4b

Article 4b 85r Bringing of cross-border

representative actions

Article 4b(1)

• 1. 

  Member States shall ensure that cross-border representative actions can be brought in their

85s courts or administrative authorities by qualified entities

designated for the purpose of such representative actions in another Member State.

Article 4b(2)

• 2. 

  Member States shall ensure that where the alleged infringement affects or is likely to affect consumers from

85t different Member States the representative action may be brought to the competent court or administrative authority of a Member State by several

qualified entities from different

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Commission Proposal EP Mandate Council Mandate Draft Agreement

Member States, acting jointly, for the protection of the collective interest of consumers from different Member States.

Moved from Article 16, paragraph 2

Article 4b(3)

• 3. 

  The courts or administrative authorities shall accept the list referred to in Article 4a(3b) as proof of the legal capacity of the qualified entity to bring a cross

85u border representative action, without prejudice to their right to examine whether the

statutory purpose of the qualified entity justifies the action in a specific case.

Article 4b(3)

  Notwithstanding the first subparagraph, Member States may set out rules according to

85v which its courts or administrative authorities have

the competence to examine whether the qualified entity bringing a cross-border representative action for redress

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is funded by a third party having an economic interest in the outcome of the action and if so, reject the legal capacity of the qualified entity for the purpose of that specific crossborder representative action.

Article 4b(4)

• 4. 

  When bringing a cross‑ border representative action, the qualified entity shall confirm to the court or the administrative authority before which the action is brought that it complies with the criteria

85w listed in Article 4a(3). However, Member States may take

measures to ensure that the court or administrative authority has the competence to examine the compliance with the criteria if justified concerns are raised in that regard.

Article 4b(5)

• 5. 

  Member States shall take the 85x necessary measures to address

situations where the information referred to in paragraph 4

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regarding compliance with the criteria is not correct. Those measures may include a possibility for the court or administrative authority to dismiss the action. Such a dismissal shall not affect the rights of the consumers concerned by the action.

Article 4b(6)

• 6. 

  The courts or administrative authorities before which the

85y action is brought shall assess the admissibility of a specific crossborder

representative action in accordance with national law.

Article 5

Article 5 Article 5 Article 5

86 Representative actions for the Representative actions for the Representative actions for the protection of the collective protection of the collective protection of the collective

interests of consumers interests of consumers interests of consumers

Article 5(1)

87 1. Member States shall ensure 1. Member States shall ensure 1. Member States shall ensure that representative actions can be that representative actions can be that representative actions in

brought before national courts or brought before national courts or accordance with Article 2 can be

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administrative authorities by administrative authorities only by brought before national courts or qualified entities provided that qualified representative entities administrative authorities by there is a direct relationship designated in accordance with qualified entities provided that between the main objectives of the Article 4(1) and provided that there is a direct relationship entity and the rights granted under there is a direct relationship between the main objectives of the Union law that are claimed to between the main objectives of the entity and the rights granted under have been violated in respect of entity and the rights granted under Union law that are claimed to which the action is brought. Union law that are claimed to have been violated in respect of have been violated in respect of which the action is brought. which the action is brought.

AM 53

Article 5(1a)

The qualified representative entities are free to choose any procedure available under

87a national or Union law ensuring

the higher level of protection of the collective consumer interest.

AM 53

Article 5(1b)

Member States shall ensure that no other ongoing action has been 87b brought before a court or an

administrative authority of a Member State regarding the same practice, the same trader and the

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same consumers.

AM 53

Article 5(1b)

1b When bringing a representative action, the qualified entity shall provide to the court or to the

87c administrative authority sufficient information on the

consumers concerned by the action.

Moved from Article 6, paragraph 1

Article 5(2), first subparagraph, introductory part

• 2. 

  Member States shall ensure 2. Member States shall ensure 2. Member States shall ensure that qualified entities are entitled that qualified representative that qualified entities are entitled to bring representative actions entities , including public bodies to bring representative actions seeking the following measures: that have been designated in seekingseek, as appropriate, at

88 advance, are entitled to bring least the following measures:

representative actions seeking the following measures:

AM 54

Article 5(2), first subparagraph, point(a)

6759/20 TC/fn 112

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(a) an injunction order as an (a) an injunction order as an (a) an injunction order as an interim measure for stopping the interim measure for stopping the interim measure for stopping the practice or, if the practice has not illegal practice or, if the practice practice or, if the practice has not yet been carried out but is has not yet been carried out but is yet been carried out but is imminent, prohibiting the practice; imminent, prohibiting the illegal imminent, prohibiting the practice practice; measures ;

AM 56

Article 5(2), first subparagraph, point(b)

(b) an injunction order (b) an injunction order

establishing that the practice establishing that the practice deleted

constitutes an infringement of law, constitutes an infringement of law, 90 and if necessary, stopping the and if necessary, stopping the

practice or, if the practice has not practice or, if the practice has not yet been carried out but is yet been carried out but is imminent, prohibiting the practice. imminent, prohibiting the practice.

Article 5(2), first subparagraph, point(ba)

90a (ba) redress measures.

Article 5(2), second subparagraph

In order to seek injunction orders, In order to seek injunction orders,

qualified entities shall not have to qualified representative entities deleted

91 obtain the mandate of the shall not have to obtain the individual consumers concerned mandate of the individual or provide proof of actual loss or consumers concerned or and damage on the part of the provide proof of actual loss or

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Commission Proposal EP Mandate Council Mandate Draft Agreement

consumers concerned or of damage on the part of the intention or negligence on the part consumers concerned or of of the trader. intention or negligence on the part of the trader.

AM 55

Article 5(3)

• 3. 

  Member States shall ensure 3. Member States shall ensure

that qualified entities are entitled that qualified representative deleted

to bring representative actions entities are entitled to bring seeking measures eliminating the representative actions seeking continuing effects of the measures eliminating the infringement. These measures continuing effects of the shall be sought on the basis of any infringement. These measures final decision establishing that a shall be sought on the basis of any

92 practice constitutes an final decision establishing that a

infringement of Union law listed practice constitutes an in Annex I harming collective infringement of Union law listed interests of consumers, including a in Annex I harming collective final injunction order referred to interests of consumers, including in paragraph (2)(b). a final injunction order referred to in paragraph (2)(b).

AM 57

Article 5(4)

• 4. 

  Without prejudice to Article 4. Without prejudice to Article

93 4(4), Member States shall ensure deleted 4(4), Member States shall ensure

that qualified entities are able to AM 58 thatmay enable qualified entities

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Commission Proposal EP Mandate Council Mandate Draft Agreement

seek the measures eliminating the are able to seek, as appropriate continuing effects of the the the measures eliminating the infringement together with continuing effects of the measures referred to in paragraph infringement together with 2 within a single representative measures referred to in paragraph action. 2 within a single representative action. Member States may provide that these measures are issued within a single decision.

Article 5(4a)

4a. Member States shall ensure that, within a representative action, consumers' interests are represented by qualified entities and that the entities have the rights and obligations of a party to the proceedings. The consumers concerned by the action shall be entitled to benefit

93a from the measures referred to in paragraph 2. The consumers

concerned by the action may bear costs of the proceedings only in exceptional circumstances in accordance with national law. Member States may set out rules allowing for modest entry fees or similar participation charges.

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Article 5a

Article 5a Registry of collective redress

93b actions

AM 59

Article 5a(1)

• 1. 

  Member States may set up a national register for representative actions, which shall be available free of charge

93c to any interested person through

electronic means and/or otherwise.

AM 59

Article 5a(2)

• 2. 

  Websites publishing the registries shall provide access to comprehensive and objective information on the available

93d methods of obtaining

compensation, including out of court methods as well as the pending representative actions.

AM 59

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Article 5a(3)

• 3. 

  The national registries shall be interlinked. Article 35 of

93e Regulation (EU) 2017/2394 shall

apply.

AM 59

Article 5a

93f Article 5a Injunction measures

Article 5b(1), introductory part

• 1. 

  The injunction measures 93g referred to in Article 5(2)(a)

are:

Article 5b(1), point(a)

(a) a provisional measure to

93h cease or, where appropriate, to prohibit a practice deemed to

constitute an infringement;

Article 5b(1), point(b)

93i (b) a definitive measure to cease

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or, where appropriate, to prohibit a practice that constitutes an infringement.

Article 5b(2), introductory part

1a. A measure referred to in 93j paragraph 1(b) may include, in

accordance with national law:

Article 5b(2), point(a)

(a) a measure to establish that 93k the practice constitutes an

infringement;

Article 5b(2), point(b)

(b) an obligation to publish the decision on the measure in full

93l or in part, in such form as deemed adequate, or to publish a corrective statement.

Article 5b(3)

• 2. 

  In order to seek an injunction 93m measure, the qualified entity

shall not have to prove the actual loss or damage on the

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part of individual consumers affected by an infringement nor the intention or negligence on the part of the trader. The consumers concerned by a representative action for an injunction measure shall not be required to participate in that representative action.

Article 5b(4)

• 3. 

  Member States may introduce or maintain provisions of national law whereby a qualified entity is only able to seek the injunction measures provided in paragraph 1(b) after it has attempted to achieve the cessation of the infringement in

93n consultation with the trader. If the trader, after receiving the

request for consultation, does not cease the infringement within two weeks, the qualified entity may bring a representative action for such an injunction measure without any further delay. Member States shall notify to the Commission the relevant provisions of national law. The

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Commission Proposal EP Mandate Council Mandate Draft Agreement

Commission shall ensure that this information is publicly accessible.

Article 5b

93o Article 5b Redress measures

Article 5b(1)

• 1. 

  A redress measure shall oblige the trader to provide consumers concerned with remedies such as compensation,

93p repair, replacement, price reduction, contract termination

or reimbursement of the price paid, as appropriate and as available under Union or national law.

Article 5b(2)

• 2. 

  Member States shall establish rules on how and at which stage

93q the individual consumers concerned by the action may

explicitly or tacitly express their will within the appropriate time limits, after that action has been

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Commission Proposal EP Mandate Council Mandate Draft Agreement

brought, to be or not to be represented by the qualified entity within the representative action for redress measures and to be bound by the outcome of the action.

Article 5b(3)

• 3. 

  Notwithstanding paragraph 2, Member States shall ensure that individual consumers, who are not habitually resident in the Member State of the court

93r or administrative authority before which the representative

action has been brought, have to explicitly express their will to be represented in that action in order to be bound by the outcome of the action.

Article 5b(4)

3a. Consumers who have explicitly or tacitly expressed their will to be represented in a

93s representative action cannot be represented in other

representative actions nor bring an individual action with the same cause of action and against

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Commission Proposal EP Mandate Council Mandate Draft Agreement

the same trader.

Article 5b(5)

• 4. 

  If the redress measure does not specify individual consumers entitled to benefit

93t from remedies provided by the measure, it shall at least

describe the group of consumers entitled to benefit from those remedies.

Article 5b(6)

• 5. 

  Member States shall ensure that the redress measure entitles

93u the consumers to seek recovery of the damages without the need to bring a separate action.

Article 5b(7)

• 6. 

  Member States shall lay down or maintain rules on time limits for individual consumers

93v to benefit from the redress measures. Member States may lay down rules on the

destination of any outstanding redress funds that were not

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Commission Proposal EP Mandate Council Mandate Draft Agreement

recovered within the established time limits.

Article 5b(8)

• 7. 

  The remedies provided by redress measures within a representative action shall be without prejudice to any

93w additional remedies available to consumers under Union or

national law, which were not subject to that representative action.

Article 5b(9)

• 8. 

  Member States shall ensure that qualified entities are able to bring representative actions for a redress measure without the

93x condition of the prior establishment of an

infringement by a court or an administrative authority through separate proceedings.

Article 6

94 Article 6 Article 6

Redress measures Redress measures deleted

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Article 6(1), first subparagraph

• 1. 

  For the purposes of Article 1. For the purposes of Article 5(3), Member States shall ensure 5(3), Member States shall ensure deleted that qualified entities are entitled that qualified representative to bring representative actions entities are entitled to bring seeking a redress order, which representative actions seeking a obligates the trader to provide for, redress order, which obligates the inter alia, compensation, repair, trader to provide for, inter alia, replacement, price reduction, compensation, repair, contract termination or replacement, price reduction,

95 reimbursement of the price paid, contract termination or

as appropriate. A Member State reimbursement of the price paid, may require the mandate of the as appropriate. A Member State individual consumers concerned may or may not require the before a declaratory decision is mandate of the individual made or a redress order is issued. consumers concerned before a declaratory decision is made or a redress order is issued.

AM 60

Article 6(1), first subparagraph a

If a Member State does not require a mandate of the

95a individual consumer to join the representative action, this

Member State shall nevertheless allow those individuals who are not habitually resident in the

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Member State where the action occurs, to participate in the representative action, in the event they gave their explicit mandate to join the representative action within the applicable time limit.

AM 61

Article 6(1), second subparagraph

The qualified entity shall provide The qualified representative entity

sufficient information as required shall provide all the necessary deleted

under national law to support the sufficient information as required action, including a description of under national law to support the Moved to Article 5, paragraph 1

96 the consumers concerned by the action, including a description of

action and the questions of fact the consumers concerned by the and law to be resolved. action and the questions of fact and law to be resolved.

AM 62

Article 6(2)

• 2. 

  By derogation to paragraph 1, Member States may empower a deleted deleted court or administrative authority

97 to issue, instead of a redress order, AM 63

a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement of Union law listed

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in Annex I, in duly justified cases where, due to the characteristics of the individual harm to the consumers concerned the quantification of individual redress is complex.

Article 6(3), introductory part

• 3. 

  Paragraph 2 shall not apply in

98 the cases where: deleted deleted

AM 64

Article 6(3), point(a)

(a) consumers concerned by the infringement are identifiable and deleted deleted suffered comparable harm caused

by the same practice in relation to AM 64

a period of time or a purchase. In

99 such cases the requirement of the mandate of the individual

consumers concerned shall not constitute a condition to initiate the action. The redress shall be directed to the consumers concerned;

Article 6(3), point(b)

6759/20 TC/fn 126

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(b) consumers have suffered a small amount of loss and it would deleted deleted be disproportionate to distribute

the redress to them. In such cases, AM 64

Member States shall ensure that the mandate of the individual consumers concerned is not required. The redress shall be directed to a public purpose serving the collective interests of consumers.

Article 6(4)

• 4. 

  The redress obtained through a 4. The redress obtained through a

final decision in accordance with final decision in accordance with deleted

paragraphs 1, 2 and 3 shall be paragraphs 1, 2 and 3 without prejudice to any paragraph 1 shall be without additional rights to redress that the prejudice to any additional rights

101 consumers concerned may have to redress that the consumers under Union or national law. concerned may have under Union

or national law. The res judicata principle shall be respected in the application of this provision.

AM 65

Article 6(4a)

101a 4a. The redress measures aim to grant consumers concerned full

compensation for their loss. In

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case of unclaimed amount left from the compensation, a court shall decide on the beneficiary of the remaining unclaimed amount. This unclaimed amount shall not go to the qualified representative entity nor to the trader.

AM 66

Article 6(4b)

4b. In particular, punitive damages, leading to overcompensation in favour of the claimant party of the damage suffered, shall be prohibited. For instance, the compensation awarded to consumers harmed

101b collectively shall not exceed the

amount owed by the trader in accordance with the applicable national or Union law in order to cover the actual harm suffered by them individually.

AM 67

Article 7

102 Article 7 Article 7

 deleted

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Funding Funding Admissibility of a representative action

AM 68

Article 7(1)

• 1. 

  The qualified entity seeking a 1. The qualified representative

redress order as referred in Article entity seeking a redress order as deleted

6(1) shall declare at an early stage referred in Article 6(1) shall of the action the source of the submit to the court or funds used for its activity in administrative authority at the general and the funds that it uses earliest declare at an early stage to support the action. It shall of the action a complete financial demonstrate that it has sufficient overview, listing all sources of the financial resources to represent the source of the funds used for its best interests of the consumers activity in general and the funds

103 concerned and to meet any that it uses to support the action in

adverse costs should the action order to demonstrate the absence fail. of conflict of interest . It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.

AM 69

Article 7(2), introductory part

104 2. Member States shall ensure 2. Member States shall ensure

 deleted

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Commission Proposal EP Mandate Council Mandate Draft Agreement

that in cases where a that in cases where a The representative action for redress is representative action for redress is funded by a third party, it is funded by a third party, it is prohibited for the third party: prohibited for may be declared inadmissible by the national court if it establishes that the funding by the third party would :

AM 70

Article 7(2), point(a)

(a) to influence decisions of the (a) to influence decisions of the qualified entity in the context of a qualified representative entity in deleted representative action, including on the context of a representative

105 settlements; action, including the initiation of

representative actions and decisions on settlements;

AM 71

Article 7(2), point(b)

(b) to provide financing for a (b) to provide financing for a

collective action against a collective action against a deleted

106 defendant who is a competitor of defendant who is a competitor of the fund provider or against a the fund provider or against a

defendant on whom the fund defendant on whom the fund provider is dependant; provider is dependant;

Article 7(3)

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Commission Proposal EP Mandate Council Mandate Draft Agreement

• 3. 

  Member States shall ensure 3. Member States shall ensure

that courts and administrative that courts and administrative deleted

authorities are empowered to authorities are empowered to assess the circumstances referred assess the circumstances assess to in paragraph 2 and accordingly the absence of conflict of interest require the qualified entity to referred to in paragraph 2 and refuse the relevant funding and, if accordingly require the qualified necessary, reject the standing of entity to refuse the relevant the qualified entity in a specific funding and, if necessary, reject

107 case. the standing of the qualified entity in a specific case 1 and the

circumstances referred to in paragraph 2 at the stage of admissibility of the representative action and at a later stage during the court proceedings if the circumstances only yield then .

AM 72

Article 7(3a)

3a. Member States shall ensure that the court or administrative authority have the authority to

107a dismiss manifestly unfounded cases at the earliest possible stage

of proceedings.

AM 73

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Article 7a

Article 7a

107b Loser pays principle

AM 74

Article 7a(1)

Member States shall ensure that the party that loses a collective redress action reimburses the legal costs borne by the winning party, subject to the conditions provided for in national law.

107c However, the court or

administrative authority shall not award costs to the unsuccessful party to the extent that they were unnecessarily incurred or are disproportionate to the claim.

AM 74

Article 8

108 Article 8 Article 8 Article 8 Settlements Settlements Settlements on redress

Article 8(1)

6759/20 TC/fn 132

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Commission Proposal EP Mandate Council Mandate Draft Agreement

• 1. 

  Member States may provide 1. Member States may provide that a qualified entity and a trader that a qualified representative deleted who have reached a settlement entity and a trader who have regarding redress for consumers reached a settlement regarding affected by an allegedly illegal redress for consumers affected by practice of that trader can jointly an allegedly illegal practice of that request a court or administrative trader can jointly request a court authority to approve it. Such a or administrative authority to request should be admitted by the approve it. Such a request should court or administrative authority be admitted by the court or only if there is no other ongoing administrative authority only if representative action in front of there is no other ongoing the court or administrative representative action in front of authority of the same Member the court or administrative State regarding the same trader authority of the same Member and regarding the same practice. State regarding the same trader and regarding the same practice.

  AM 75

Article 8(2)

• 2. 

  Member States shall ensure 2. Member States shall ensure 2. Member States shall ensure that at any moment within the that at any moment within the that at any moment within the representative actions, the court or representative actions, the court or representative actions, the court or administrative authority may administrative authority may administrative authority may

110 invite the qualified entity and the invite the qualified entity and the invite the qualified entity and the defendant, after having consulted defendant, after having consulted defendantIn view of an approval

them, to reach a settlement them, to reach a settlement of a settlement, Member States regarding redress within a regarding redress within a shall ensure that within a reasonable set time-limit. reasonable set time-limit. representative action for after having consulted them, to reach a settlement regarding redress

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Commission Proposal EP Mandate Council Mandate Draft Agreement

within a reasonable set timelimit.measures:

Article 8(2a)

(a) the qualified entity and the trader may jointly propose to

110a the court or administrative authority a settlement regarding redress for consumers; or

Article 8(2b)

(b) the court or administrative authority may invite the qualified entity and the trader, after having consulted them, to

110b reach a settlement regarding redress within a reasonable set time-limit.

Moved from paragraph 2

Article 8(3)

• 3. 

  Member States shall ensure 3. Member States shall ensure that the court or administrative that the court or administrative deleted

111 authority that issued the final authority that issued the final declaratory decision referred to in declaratory decision referred to in Article 6(2) is empowered to Article 6(2) is empowered to request the parties to the request the parties to the

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Commission Proposal EP Mandate Council Mandate Draft Agreement

representative action to reach representative action to reach within a reasonable set time limit within a reasonable set time limit a settlement regarding the redress a settlement regarding the redress to be provided to consumers on to be provided to consumers on the basis of this final decision. the basis of this final decision.

Article 8(4)

• 4. 

  The settlements referred to in 4. The settlements referred to in 4. The settlements referred to in paragraphs 1, 2 and 3 shall be paragraphs 1, 2 and 3 shall be paragraphs 1, 2 and 3 paragraph subject to the scrutiny of the court subject to the scrutiny of the court 2 shall be subject to the scrutiny or administrative authority. The or administrative authority. The of the court or administrative court or administrative authority court or administrative authority authority. The court or shall assess the legality and shall assess the legality and administrative authority shall fairness of the settlement, taking fairness of the settlement, taking assess the legality and fairness of into consideration the rights and into consideration the rights and thewhether it must refuse to interests of all parties, including interests of all parties, including approve a settlement that is the consumers concerned. the consumers concerned. contrary to mandatory national

112 law, or includes conditions which cannot be enforced, taking

into consideration the rights and interests of all parties, includingand in particular those of the consumers concerned. Member States may set out rules allowing the court or administrative authority to refuse approval of a settlement on the basis of a settlement being unfair.

Article 8(5)

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Commission Proposal EP Mandate Council Mandate Draft Agreement

• 5. 

  If the settlement referred to in 5. If the settlement referred to in 5. If the settlement referred to in paragraph 2 is not reached within paragraph 2 is not reached within paragraph 2 is not reached within the set time-limits or the the set time-limits or the the set time-limits or the

113 settlement reached is not settlement reached is not settlement reached is not approved, the court or approved, the court or approved, the court or

administrative authority shall administrative authority shall administrative authority shall continue the representative action. continue the representative action. continue to hear the representative action.

Article 8(6)

• 6. 

  Individual consumers 6. Individual consumers 6. Member States may set out concerned shall be given the concerned shall be given the rules according to which possibility to accept or to refuse to possibility to accept or to refuse to individual consumers concerned be bound by settlements referred be bound by settlements referred shall beby the action and by the to in paragraphs 1, 2 and 3. The to in paragraphs 1, 2 and 3. The subsequent settlement are given redress obtained through an redress obtained through an the possibility to accept or to approved settlement in accordance approved settlement in accordance refuse to be bound by settlements with paragraph 4 shall be without with paragraph 4 shall be binding referred to in paragraphs 1, 2 and prejudice to any additional rights upon all parties without prejudice 3. The redressparagraph 2. The

114 to redress that the consumers to any additional rights to redress remedies obtained through an concerned may have under Union that the consumers concerned may approved settlement in accordance or national law. have under Union or national law. with paragraph 4 shall be without prejudice to any additional rights

AM 76 to redress that the consumers

concerned may have under Union or national lawremedies available under Union or national law which were not subject to that settlement.

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Article 9

Article 9 Article 9 Article 9 115 Information on representative Information on representative Information on representative

actions actions actions

Article 9(-1)

-1. Member States shall ensure 0. Member States shall set out that the representative entities: rules in order to ensure that the consumers concerned by a

AM 77 representative action for a

redress measure have a

115a possibility to become informed about the action in a timely

manner and by appropriate means in order to enable consumers to exercise their rights as referred to in Article 5b(2).

Article 9(-1), point(a)

(a) inform consumers about the claimed violation of rights granted under Union law and the

115b intention to seek an injunction or

to pursue an action for damages,

AM 77

Article 9(-1), point(b)

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(b) explain to consumers concerned already beforehand the possibility of joining the action in order to ensure that the

115c relevant documents and other

information necessary for the action are kept,

AM 77

Article 9(-1), point(c)

(c) where relevant, inform about subsequent steps and the

115d potential legal consequences.

AM 77

Article 9(1)

• 1. 

  Member States shall ensure 1. Where a settlement or final 1. Member States shall ensure that the court or administrative decision benefits consumers who that the court or administrative authority shall require the may be unaware of it, Member authority shall require the infringing trader to inform States shall ensure that the court infringing trader to inform

116 affected consumers at its expense or administrative authority shall affected consumersconsumers about the final decisions providing require the defeated party or both concerned by the action, at its

for measures referred to in parties infringing trader to inform expense, about the final decisions Articles 5 and 6, and the approved affected consumers at its expense providing for measures referred to settlements referred to in Article about the final decisions providing in Articles 5 and 6Article 5 , and 8, by means appropriate to the for measures referred to in the approved settlements referred circumstance of the case and Articles 5 and 6, and the approved to in Article 8, by means

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Commission Proposal EP Mandate Council Mandate Draft Agreement

within specified time limits, settlements referred to in Article appropriate to the including, where appropriate, 8, by means appropriate to the circumstancecircumstances of the through notifying all consumers circumstance of the case and case and within specified time concerned individually. within specified time limits, limits, including, where including, where appropriate, through notifying all appropriate, Members States may consumers concerned provide that the information individually. This does not apply obligation can be complied with if the consumers concerned are through a publicly available and informed of the final decision or easily accessible website notifying approved settlement in another all consumers concerned manner. Member States may set individually . out rules according to which such an obligation depends on

AM 78 the request of the qualified

entity.

Article 9(1a)

1a. The defeated party shall bear 1a If the qualified entities are the costs of consumer required to inform consumers information in accordance with concerned about an action, the

116a the principle laid down in Article related necessary costs may be

• 7. 

  recovered from the trader if the action is successful.

AM 79

Article 9(1b)

  The first subparagraph shall 116b apply mutatis mutandis to final

decisions.

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Article 9(2)

• 2. 

  The information referred to in 2. The information referred to in 2. The information referred to in paragraph 1 shall include in paragraph 1 shall include in paragraphparagraphs 0 and 1 intelligible language an intelligible language an shall include in intelligible explanation of the subject-matter explanation of the subject-matter language an explanation of the of the representative action, its of the representative action, its subject-matter of the legal consequences and, if legal consequences and, if representative action, its legal relevant, the subsequent steps to relevant, the subsequent steps to consequences and, if relevant, the

117 be taken by the consumers be taken by the consumers subsequent steps to be taken by

concerned. concerned. The modalities and the consumers concerned. timeframe of the information

shall be designed in agreement with the court or administrative authority.

AM 80

Article 9(2a)

2a. Member States shall ensure that information is made available to the public in an accessible way, on upcoming, ongoing and closed collective

117a actions, including via media and

online through a public website when a court has decided that the case is admissible.

AM 81

Article 9(2b)

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2b. Member States shall ensure that public communications by qualified entities about claims are factual and take into account

117b both the right for consumers to

receive information and defendants’ reputational rights and rights to business secrecy.

AM 82

Article 10

118 Article 10 Article 10 Article 10 Effects of final decisions Effects of final decisions Effects of final decisions

Article 10(1)

• 1. 

  Member States shall ensure 1. Member States shall ensure 1. Member States shall ensure that an infringement harming that an infringement harming that an infringement harming collective interests of consumers collective interests of consumers collective interests of consumers established in a final decision of established in a final decision of established in a final decision ofa an administrative authority or a an administrative authority or a final decision of a court or an

119 court, including a final injunction court, including a final injunction administrative authority or a court, order referred to in Article 5(2)(b), order referred to in Article 5(2)(b), including a final injunction order

is deemed as irrefutably is deemed as irrefutably referred to in Article 5(2)(b), is establishing the existence of that considered as evidence deemed as irrefutably infringement for the purposes of establishing the existence or nonestablishingof any Member State any other actions seeking redress existence of that infringement for establishing an infringement before their national courts against the purposes of any other actions harming collective interests of the same trader for the same seeking redress before their consumers can be used as

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Commission Proposal EP Mandate Council Mandate Draft Agreement

infringement. national courts against the same evidence of the existence of that trader for the same infringement for the purposes of infringement facts providing that any other actions seeking redress the same damage cannot be before their national courts or

compensated twice to the same administrative authorities consumers concerned . against the same trader for the same infringement, in accordance

AM 83 with national law on evaluation

of evidence.

Article 10(2)

• 2. 

  Member States shall ensure 2. Member States shall ensure that a final decision referred to in that a final decision referred to in deleted paragraph 1, taken in another paragraph 1, taken in another Member State is considered by Member State is considered by their national courts or their national courts or

120 administrative authorities as a administrative authorities as a

rebuttable presumption that an rebuttable presumption at least as infringement has occurred. evidence that an infringement has occurred.

AM 84

Article 10(2a)

2a. Member States shall ensure that a final decision of a court of

120a one Member State establishing the existence or non-existence of the infringement for the purposes of any other actions seeking

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redress before their national courts in another Member State against the same trader for the same infringement is considered a rebuttable presumption.

AM 85

Article 10(3)

• 3. 

  Member States shall ensure 3. Member States shall ensure that a final declaratory decision that a final declaratory decision deleted referred to in Article 6(2) is referred to in Article 6(2) is deemed as irrefutably establishing deemed as irrefutably establishing the liability of the trader towards the liability of the trader towards the harmed consumers by an the harmed consumers by an infringement for the purposes of infringement for the purposes of any actions seeking redress before any are encouraged to create a their national courts against the database containing all final same trader for that infringement. decisions on redress actions

121 Member States shall ensure that seeking redress before their such actions for redress brought national courts against the same

individually by consumers are trader for that infringement. available through expedient and Member States shall ensure that simplified procedures. such actions for that could facilitate other redress brought individually by consumers are available through expedient and simplified procedures measures, and to share their best practices in this field .

AM 86

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Article 11

Article 11 Article 11 Article 11 122 Suspension of limitation period Suspension of limitation period Suspension of Limitation

periodperiods

Article 11, first paragraph

Member States shall ensure that In accordance with national law, Member States shall ensure that a the submission of a representative Member States shall ensure that pending representative action action as referred to in Articles 5 the submission of a representative for an injunction measure the and 6 shall have the effect of action as referred to in Articles 5 submission of a representative suspending or interrupting and 6 shall have the effect of action as referred to in Articles 5 limitation periods applicable to suspending or interrupting and 6 shall haveArticle 5a has the any redress actions for the limitation periods applicable to effect of suspending or consumers concerned, if the any redress actions for the interrupting applicable limitation relevant rights are subject to a consumers individuals concerned, periods applicable to any redressin limitation period under Union or if the relevant rights are subject to respect of consumers concerned

123 national law. a limitation period under Union or by the action so that those national law. consumers are not prevented

from subsequently bringing a

AM 87 redress action concerning the

alleged infringement due to the expiry of limitation periods during the representative actions for the consumers concerned, if the relevant rights are subject to athose injunction measures. Member States shall also ensure that a pending representative action for a redress measure as

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Commission Proposal EP Mandate Council Mandate Draft Agreement

referred to in Article 5b(1) has the effect of suspending or interrupting applicable limitation period under Union or national lawperiods in respect of consumers concerned by that action.

Article 12

124 Article 12 Article 12 Article 12 Procedural expediency Procedural expediency Procedural expediency

Article 12(1)

• 1. 

  Member States shall take the 1. Member States shall take the 1. Member States shall take the necessary measures to ensure necessary measures to ensure necessary measures to ensure representative actions referred to representative actions referred to that representative actions

125 in Articles 5 and 6 are treated with in Articles 5 and 6 are treated with referred to in Articles 5 and 6for due expediency. due expediency. injunction measures referred to in Article 5a are treated with due expediency.

Article 12(2)

• 2. 

  Representative actions for an 2. Representative actions for an 2. Representative actions for an injunction order in the form of an injunction order in the form of an injunction order in the form of an

126 interim measure referred to in interim measure referred to in interim measureprovisional Article 5(2)(a) shall be treated by Article 5(2)(a) shall be treated by measures to cease or, where way of an accelerated procedure. way of an accelerated procedure. appropriate, to prohibit a practice deemed to constitute an

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Commission Proposal EP Mandate Council Mandate Draft Agreement

infringement referred to in Article 5(2)(a)5a(1)(a) shall, if appropriate, be treated by way of an accelerateda summary procedure.

Article 13

127 Article 13 Article 13 Article 13 Evidence Evidence Disclosure of evidence

Article 13, first paragraph

Member States shall ensure that, Member States shall ensure that, Member States shall ensure that, at the request of a qualified entity at the request of one of the at the request of a qualified entity that has presented reasonably parties a qualified entity that has that has presented reasonably available facts and evidence presented reasonably available available facts and evidence sufficient to support the facts and sufficient evidence sufficient to support the representative action, and has sufficient to support the representative action, and has indicated further evidence which representative action and a indicated further evidence which lies in the control of the substantive explanation to lies in the control of the defendant

128 defendant, the court or support its views , and has or a third party, the court or administrative authority may indicated further specific and administrative authority may

order, in accordance with national clear defined evidence which lies order, in accordance with national procedural rules, that such in the control of the other party procedural rules, that such evidence be presented by the defendant , the court or evidence be presented by the defendant, subject to the administrative authority may defendant or the third party, applicable Union and national order, in accordance with national subject to the applicable Union rules on confidentiality. procedural rules, that such and national rules on evidence be presented by this confidentiality and party, as narrowly as possible on proportionality. Member States the basis of reasonably available shall ensure that a court or an

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Commission Proposal EP Mandate Council Mandate Draft Agreement

facts the defendant , subject to the administrative authority is able, applicable Union and national upon request of the defendant, rules on confidentiality. The order to equally order the claimant or must be adequate and a third party to disclose relevant proportionate in the respective evidence, in accordance with case and must not create an national procedural rules. imbalance between the two parties involved.

AM 88

Article 13, first paragraph a

Member States shall ensure that the courts limit the disclosure of evidence to what is proportionate. To determine whether any disclosure requested by a representative entity is proportionate, the court shall consider the legitimate interest of

128a all parties concerned, namely to

which extent the request for disclosure of evidence is supported by available facts and evidence and whether the evidence the disclosure of which is requested contains confidential information.

AM 89

Article 13, first paragraph b

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Member States shall ensure that national courts have the power to order the disclosure of evidence

128b containing information where

they consider it relevant to the action for damages.

AM 90

Article 14

129 Article 14 Article 14 Article 14 Penalties Penalties Penalties

Article 14(1)

• 1. 

  Member States shall lay down 1. Member States shall lay down 1. Member States shall lay down the rules on penalties applicable to the rules on penalties applicable to rules ensuring that penalties non-compliance with the final non-compliance with the final may be imposed for failure or decisions issued within the decisions issued within the refusal to comply with an representative action and shall representative action and shall injunction measure referred to take all necessary measures to take all necessary measures to in Article 5a(1) or in point (b) of

130 ensure that they are implemented. ensure that they are implemented. Article 5a(1a) or obligations The penalties provided for must The penalties provided for must referred to in Articles 9(1) and

be effective, proportionate and be effective, proportionate and 13. Member States the rules on dissuasive. dissuasive. penalties applicable to noncompliance with the final decisions issued within the representative action and shall take all necessary measures to ensure that those rules they are

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implemented. The penalties provided for must be effective, proportionate and dissuasive.

Article 14(2)

• 2. 

  Member States shall ensure 2. Member States shall ensure 2. Member States shall ensure that penalties may take the form of that penalties may take , inter alia, that penalties may take the form of

131 fines. the form of fines. fines.

AM 91

Article 14(3)

• 3. 

  When deciding about the 3. When deciding about the allocation of revenues from fines allocation of revenues from fines deleted Member States shall take into Member States shall take into account the collective interests of account the collective interests . consumers. Member States may decide for

132 such revenues to be allocated to a

fund created for the purpose of financing representative actions of consumers .

AM 92

Article 14(4)

133 4. Member States shall notify 4. Member States shall notify provisions referred to in paragraph provisions referred to in paragraph deleted

6759/20 TC/fn 149

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transposition of the Directive] at transposition of the Directive] at the latest and shall notify it the latest and shall notify it without delay of any subsequent without delay of any subsequent amendment affecting them. amendment affecting them.

Article 15

Article 15 Article 15 Article 15 Assistance for qualified entities Assistance for qualified Assistance for qualified entities

134 representative entities

AM 93

Article 15(1)

• 1. 

  Member States shall take the 1. Member States shall be 1. Member States shall take the necessary measures to ensure that encouraged, in line with Article necessary measures measures procedural costs related to 7, to ensure that qualified aiming to ensure that procedural representative actions do not representative entities have costs related to representative constitute financial obstacles for sufficient funds available for actions do not constitute financial qualified entities to effectively representative actions. They shall become insurmountable exercise the right to seek the take the necessary measures to obstacles for preventing

135 measures referred to in Articles 5 facilitate access to justice and qualified entities to from and 6, such as limiting applicable shall ensure that procedural costs effectively exercise the

court or administrative fees, related to representative actions do exercising their right to seek the granting them access to legal aid not constitute financial obstacles measures referred to in Articles 5 where necessary, or by providing for qualified entities to effectively and 6, such as limiting applicable them with public funding for this exercise the right to seek the court or administrative fees, purpose. measures referred to in Articles 5 granting them access to legal aid and 6, such as limiting applicable where necessary, or by providing court or administrative fees , or them with public funding for this granting them access to legal aid purposeArticle 5 .

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where necessary, or by providing them with public funding for this purpose.

AM 94

Article 15(1a)

1a. Member States shall provide structural support to entities

135a acting as qualified entities within

the scope of this Directive.

AM 95

Article 15(2)

• 2. 

  Member States shall take the 2. Member States shall take the

necessary measures to ensure that necessary measures to ensure that deleted

in cases where the qualified in cases where the qualified entities are required to inform entities are required to inform

136 consumers concerned about the consumers concerned about the ongoing representative action the ongoing representative action the related cost may be recovered related cost may be recovered

from the trader if the action is from the trader if the action is successful. successful.

Article 15(3)

137 3. Member States and the 3. Member States and the 3. Member States and The Commission shall support and Commission shall support and Commission shall support and

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facilitate the cooperation of facilitate the cooperation of facilitate the cooperation of qualified entities and the exchange qualified entities and the exchange qualified entities and the exchange and dissemination of their best and dissemination of their best and dissemination of their practices and experiences as practices and experiences as information about best practices regards the resolution of crossregards the resolution of crossand experiences as regards the border and domestic border and domestic resolution of cross-border and infringements. infringements. domestic infringements.

Article 15a

Article 15a

137a Legal representation and fees

AM 96

Article 15a(1)

Member States shall ensure that the lawyers’ remuneration and the method by which it is calculated do not create any incentive to litigation,

137b unnecessary from the point of view of the interest of any of the

parties. In particular, Member States shall prohibit contingency fees.

AM 96

Article 16

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Article 16 Article 16

138 Cross-border representative Cross-border representative deleted

actions actions

Article 16(1)

• 1. 

  Member States shall take the 1. Member States shall take the measures necessary to ensure that measures necessary to ensure that deleted any qualified entity designated in any qualified representative entity advance in one Member State in designated in advance in one accordance with Article 4(1) may Member State in accordance with apply to the courts or Article 4(1) may apply to the administrative authorities of courts or administrative another Member State upon the authorities of another Member presentation of the publicly State upon the presentation of the available list referred to in that publicly available list referred to

139 Article. The courts or in that Article. The courts or administrative authorities shall administrative authorities shall

accept this list as proof of the accept this list as proof of may legal standing of the qualified review the legal standing of the entity without prejudice to their qualified representative entity right to examine whether the without prejudice to their right to purpose of the qualified entity examine whether the purpose of justifies its taking action in a the qualified representative entity specific case. justifies its taking action in a specific case.

AM 97

Article 16(2)

6759/20 TC/fn 153

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• 2. 

  Member States shall ensure 2. Member States shall ensure that where the infringement that where the infringement deleted affects or is likely to affect affects or is likely to affect consumers from different Member consumers from different Member Moved to Article 4b, paragraph 2 States the representative action States the representative action may be brought to the competent may be brought to the competent court or administrative authority court or administrative authority of a Member State by several of a Member State by several qualified entities from different qualified entities from different Member States, acting jointly or Member States, acting jointly or represented by a single qualified represented by a single qualified entity, for the protection of the entity, for the protection of the collective interest of consumers collective interest of consumers from different Member States. from different Member States.

Article 16(2a)

2a. Member State where a collective redress takes place may require a mandate from the consumers who are resident in this Member State and shall require a mandate from individual consumers based in

140a another Member State when the action is cross-border. In such

circumstances, a consolidated list of all consumers from other Member States who have given such a mandate will be provided to the court or administrative authority and the defendant at the beginning of an action.

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AM 98

Article 16(3)

• 3. 

  For the purposes of cross 3. For the purposes of crossborder

representative actions, and border representative actions, and deleted

without prejudice to the rights without prejudice to the rights granted to other entities under granted to other entities under national legislation, the Member national legislation, the Member States shall communicate to the States shall communicate to the

141 Commission the list of qualified Commission the list of qualified entities designated in advance. entities designated in advance.

Member States shall inform the Member States shall inform the Commission of the name and Commission of the name and purpose of these qualified entities. purpose of these qualified entities. The Commission shall make this The Commission shall make this information publicly available and information publicly available and keep it up to date. keep it up to date.

Article 16(4)

• 4. 

  If a Member State or the 4. If a Member State , the Commission raises concerns Commission or the deleted regarding the compliance by a Commission trader raises concerns qualified entity with the criteria regarding the compliance by a Moved to Article 4a, paragraph 5

142 laid down in Article 4(1), the qualified representative entity Member State that designated that with the criteria laid down in entity shall investigate the Article 4(1), the Member State concerns and, where appropriate, that designated that entity shall revoke the designation if one or investigate the concerns and, more of the criteria are not where appropriate, revoke the

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complied with. designation if one or more of the criteria are not complied with.

AM 99

Article 16a

Article 16a

142a Public Register

AM 100

Article 16a(1)

Member States shall ensure that the relevant national competent authorities set up a publicly accessible register of unlawful

142b acts that have been subject to injunction orders in accordance

with the provisions of this Directive.

AM 100

Chapter 3

143 Chapter 3 Chapter 3 Chapter 3 Final provisions Final provisions Final provisions

Article 17

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144 Article 17 Article 17 Article 17 Repeal Repeal Repeal

Article 17, first paragraph

Directive 2009/22 i/EU is repealed Directive 2009/22 i/EU is repealed Directive 2009/22 i/EU is repealed

145 as of [date of application of this as of [date of application of this as of [date of application of this Directive] without prejudice to Directive] without prejudice to Directive] without prejudice to

Article 20(2). Article 20(2). Article 20(2).

Article 17, second paragraph

References to the repealed References to the repealed References to the repealed Directive shall be construed as Directive shall be construed as Directive shall be construed as

146 references to this Directive and references to this Directive and references to this Directive and shall be read in accordance with shall be read in accordance with shall be read in accordance with

the correlation table set out in the correlation table set out in the correlation table set out in Annex II. Annex II. Annex II.

Article 18

147 Article 18 Article 18 Article 18 Monitoring and evaluation Monitoring and evaluation Monitoring and evaluation

Article 18(1)

148 1. No sooner than 5 years after 1. No sooner than 5 years after 1. No sooner than 5 years after the date of application of this the date of application of this the date of application of this

Directive, the Commission shall Directive, the Commission shall Directive, the Commission shall

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carry out an evaluation of this carry out an evaluation of this carry out an evaluation of this Directive and present a report on Directive and present a report on Directive and present a report on the main findings to the European the main findings to the European the main findings to the European Parliament, the Council and the Parliament, the Council and the Parliament, the Council and the European Economic and Social European Economic and Social European Economic and Social Committee. The evaluation shall Committee. The evaluation shall Committee. The evaluation shall be conducted according to the be conducted according to the be conducted according to the Commission's better regulation Commission's better regulation Commission's better regulation guidelines. In the report, the guidelines. In the report, the guidelines. In the report, the Commission shall in particular Commission shall in particular Commission shall in particular assess the scope of application of assess the scope of application of assess the scope of application of this Directive defined in Article 2 this Directive defined in Article 2 this Directive defined in Article 2 and Annex I. and Annex I. and Annex I and the functioning and effectiveness of this Directive in cross-border situations, including in terms of legal certainty.

Article 18(2)

• 2. 

  No later than one year after the 2. No later than one year after the

entry into force of this Directive, deleted entry into force of this Directive,

the Commission shall assess

whether the rules on air and rail AM 101

the Commission shall assess whether the rules on air and rail

passenger rights offer a level of passenger rights offer a level of

149 protection of the rights of protection of the rights of consumers comparable to that consumers comparable to that

provided for under this Directive. provided for under this Directive. Where that is the case, the Where that is the case, the Commission intends to make Commission intends to make appropriate proposals, which may appropriate proposals, which may consist in particular in removing consist in particular in removing the acts referred to in points 10 the acts referred to in points 10

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and 15 of Annex I from the scope and 15 of Annex I from the scope of application of this Directive as of application of this Directive as defined in Article 2. defined in Article 2.

Article 18(3), introductory part

• 3. 

  Member States shall provide 3. Member States shall provide 3. Member States shall provide the Commission on annual basis, the Commission on annual basis, the Commission on annual basis, for the first time at the latest 4 for the first time at the latest 4 for the first time at the latest 4

150 years after the date of application years after the date of application years after the date of application of this Directive, with the of this Directive, with the of this Directive, with the

following information necessary following information necessary following information necessary for the preparation of the report for the preparation of the report for the preparation of the report referred to in paragraph 1: referred to in paragraph 1: referred to in paragraph 1:

Article 18(3), point(a)

(a) the number of representative (a) the number of representative (a) the number and type of actions brought pursuant to this actions brought pursuant to this representative actions that have Directive before administrative Directive before administrative been concluded by any of their

151 and judicial authorities; and judicial authorities; courts or administrative brought pursuant to this Directive before

administrative and judicial authorities;

Article 18(3), point(b)

152 (b) the type of qualified entity (b) the type of qualified entity bringing the actions; bringing the actions; deleted

Article 18(3), point(c)

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(c) the type of the infringement (c) the type of the infringement (c) the type of the infringement tackled within the representative tackled within the representative tackled within the representative actions, the parties to the actions, the parties to the actions, the infringements and

153 representative actions and the representative actions and the parties to the representative economic sector concerned by the economic sector concerned by the actions and the economic sector representative actions; representative actions; concerned by the representative actions;

Article 18(3), point(d)

(d) the length of the proceedings (d) the length of the proceedings

from initiating an action until the from initiating an action until the deleted

adoption of a final injunctions adoption of a final injunctions

154 orders referred to in Article 5, orders referred to in Article 5, redress orders or declaratory redress orders or declaratory

decisions referred to in Article 6 decisions referred to in Article 6 or final approval of the settlement or final approval of the settlement referred to in Article 8; referred to in Article 8;

Article 18(3), point(e)

155 (e) the outcomes of the (e) the outcomes of the (e) the outcomes of the representative actions; representative actions; representative actions;.

Article 18(3), point(f)

(f) the number of qualified (f) the number of qualified

156 entities participating in entities participating in deleted

cooperation and exchange of best cooperation and exchange of best practices mechanism referred to in practices mechanism referred to in

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Article 15(3). Article 15(3).

Article 18a

Article 18a

156a Review clause

AM 102

Article 18a(1)

Without prejudice to Article 16, the Commission shall assess whether cross-border representative actions could be best addressed at Union level by establishing a European

Ombudsman for collective redress. No later than three years

156b after the entry into force of this

Directive, the Commission shall draw up a report in this regard and submit it to the European Parliament and the Council, accompanied, if appropriate, by a relevant proposal.

AM 102

Article 19

6759/20 TC/fn 161

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Article 19 Article 19 Article 19 Transposition Transposition Transposition

Article 19(1), first subparagraph

• 1. 

  Member States shall adopt and 1. Member States shall adopt and 1. Member States shall adopt and publish, by [18 months from the publish, by [18 months from the publish, by [18 30 months from date of entry into force of this date of entry into force of this the date of entry into force of this Directive] at the latest, the laws, Directive] at the latest, the laws, Directive] at the latest, the laws,

158 regulations and administrative regulations and administrative regulations and administrative provisions necessary to comply provisions necessary to comply provisions necessary to comply

with this Directive. They shall with this Directive. They shall with this Directive. They shall forthwith communicate to the forthwith communicate to the forthwith communicate to the Commission the text of those Commission the text of those Commission the text of those provisions. provisions. provisions.

Article 19(1), second subparagraph

Member States shall apply those Member States shall apply those Member States shall apply those 159 provisions from [6 months after provisions from [6 months after provisions from [6 12 months

the transposition deadline]. the transposition deadline]. after the transposition deadline].

Article 19(1), third subparagraph

When Member States adopt those When Member States adopt those When Member States adopt those provisions, they shall contain a provisions, they shall contain a provisions, they shall contain a

160 reference to this Directive or be reference to this Directive or be reference to this Directive or be accompanied by such a reference accompanied by such a reference accompanied by such a reference

on the occasion of their official on the occasion of their official on the occasion of their official publication. Member States shall publication. Member States shall publication. Member States shall determine how such reference is determine how such reference is determine how such reference is

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to be made. to be made. to be made.

Article 19(2)

• 2. 

  Member States shall 2. Member States shall 2. Member States shall communicate to the Commission communicate to the Commission communicate to the Commission

161 the text of the provisions of the text of the provisions of the text of the provisions of national law which they adopt in national law which they adopt in national law which they adopt in the field covered by this Directive. the field covered by this Directive. the field covered by this Directive.

Article 20

162 Article 20 Article 20 Article 20 Transitional provisions Transitional provisions Transitional provisions

Article 20(1)

• 1. 

  Member States shall apply the 1. Member States shall apply the 1. Member States shall apply the laws, regulations and laws, regulations and laws, regulations and administrative provisions administrative provisions administrative provisions

163 transposing this Directive to transposing this Directive to transposing this Directive to infringements that started after infringements that started after infringements that started actions

[date of application of this [date of application of this that are brought on or after Directive]. Directive]. [date of application of this Directive].

Article 20(2)

164 2. Member States shall apply the 2. Member States shall apply the 2. Member States shall apply the laws, regulations and laws, regulations and laws, regulations and

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administrative provisions administrative provisions administrative provisions transposing Directive 2009/22/EC i transposing Directive 2009/22/EC i transposing Directive 2009/22/EC i to infringements that started to infringements that started to infringements that started before [date of application of this before [date of application of this actions that are brought before Directive]. Directive]. [date of application of this Directive].

Article 20(2a)

2a. Member States shall ensure that national laws, regulations or administrative provisions on suspension or interruption of limitation periods transposing Article 11 only apply to redress claims based on infringements that occurred on or after [date of application of this Directive].

164a This shall not preclude the application of national

provisions on suspension or interruption of limitation periods which were already applicable prior to [date of application of this Directive] to redress claims based on infringements that occurred before that date.

Article 21

165 Article 21 Article 21 Article 21

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Entry into force Entry into force Entry into force

Article 21, first paragraph

This Directive shall enter into This Directive shall enter into This Directive shall enter into force on the twentieth day force on the twentieth day force on the twentieth day

166 following that of its publication in following that of its publication in following that of its publication in the Official Journal of the the Official Journal of the the Official Journal of the

European Union. European Union. European Union.

Article 22

167 Article 22 Article 22 Article 22 Addressees Addressees Addressees

Article 22, first paragraph

168 This Directive is addressed to the This Directive is addressed to the This Directive is addressed to the Member States. Member States. Member States.

Formula

169 Done at Brussels, Done at Brussels, Done at Brussels,

Formula

170 For the European Parliament For the European Parliament For the European Parliament

Formula

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171 The President The President The President

Formula

172 For the Council For the Council For the Council

Formula

173 The President The President The President

Annex I, Sub-Heading

LIST OF PROVISIONS OF LIST OF PROVISIONS OF LIST OF PROVISIONS OF 174 UNION LAW REFERRED TO UNION LAW REFERRED TO UNION LAW REFERRED TO

IN ARTICLE 2(1) IN ARTICLE 2(1) IN ARTICLE 2(1)

Annex I, point(-a)

174a A. General consumer law

Annex I, point(1)

• (1) 

  Council Directive (1) Council Directive (1) Council Directive 85/374/EEC i of 25 July 1985 on 85/374/EEC of 25 July 1985 on 85/374/EEC of 25 July 1985 on

175 the approximation of the laws, the approximation of the laws, the approximation of the laws, regulations and administrative regulations and administrative regulations and administrative provisions of the Member States provisions of the Member States provisions of the Member States concerning liability for defective concerning liability for defective concerning liability for defective

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products (OJ L 210 , 07.08.1985, products (OJ L 210 , 07.08.1985, products (OJ L 210 , 07.08.1985, p. 29 –33) 1 . p. 29 –33) 1 . p. 29 –33) 1 . _________ _________ _________

• 1. 

  The said Directive was amended by 1. The said Directive was amended by 1. The said Directive was amended by Directive 1999/34/EC i of the European Directive 1999/34/EC i of the European Directive 1999/34/EC i of the European Parliament and of the Council of 10 May Parliament and of the Council of 10 May Parliament and of the Council of 10 May 1999 amending Council Directive 1999 amending Council Directive 1999 amending Council Directive 85/374/EEC i on the approximation of the 85/374/EEC on the approximation of the 85/374/EEC on the approximation of the laws, regulations and administrative laws, regulations and administrative laws, regulations and administrative provisions of the Member States provisions of the Member States provisions of the Member States concerning liability for defective products concerning liability for defective products concerning liability for defective products (OJ L 141, 04.06.1999, p. 20 - 21). (OJ L 141, 04.06.1999, p. 20 - 21). (OJ L 141, 04.06.1999, p. 20 - 21).

Annex I, point(2)

• (2) 

  Council Directive 93/13/EEC i (2) Council Directive 93/13/EEC i (2) Council Directive 93/13/EEC i

176 of 5 April 1993 on unfair terms in of 5 April 1993 on unfair terms in of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, consumer contracts (OJ L 95, consumer contracts (OJ L 95,

21.4.1993, p. 29). 21.4.1993, p. 29). 21.4.1993, p. 29).

Annex I, point(3)

• (3) 

  Directive 98/6/EC i of the (3) Directive 98/6/EC i of the European Parliament and of the European Parliament and of the See ANNEX I under title B. Product Council of 16 February 1998 on Council of 16 February 1998 on information and labelling

177 consumer protection in the consumer protection in the indication of the prices of indication of the prices of products offered to consumers (OJ products offered to consumers (OJ L 80, 18.3.1998, p. 27). L 80, 18.3.1998, p. 27).

Annex I, point(4)

178

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• (4) 

  Directive 1999/44/EC i of the (4) Directive 1999/44/EC i of the (4) Directive 1999/44/EC i of the European Parliament and of the European Parliament and of the European Parliament and of the Council of 25 May 1999 on Council of 25 May 1999 on Council of 25 May 1999 on certain aspects of the sale of certain aspects of the sale of certain aspects of the sale of consumer goods and associated consumer goods and associated consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. guarantees (OJ L 171, 7.7.1999, p. guarantees (OJ L 171, 7.7.1999, p. 12). 12). 12).

Annex I, point(4a)

4a Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on

178a certain aspects concerning contracts for the supply of

digital content and digital services (OJ L 136, 22.5.2019, p. 1–27).

Annex I, point(4b)

4b Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning

178b contracts for the sale of goods, amending Regulation (EU)

2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC i (OJ L 136, 22.5.2019, p. 28–50).

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Annex I, point(4c)

4c Directive 2001/95/EC i of the European Parliament and of the

178c Council of 3 December 2001 on general product safety (OJ L 11,

15.1.2002, p. 4–17): Articles 3 and 5.

Annex I, point(5)

• (5) 

  Directive 2000/31/EC i of the (5) Directive 2000/31/EC i of the European Parliament and of the European Parliament and of the See ANNEX I under title F. Electronic Council of 8 June 2000 on certain Council of 8 June 2000 on certain commerce and services legal aspects on information legal aspects on information

179 society services, in particular society services, in particular electronic commerce, in the electronic commerce, in the internal market (Directive on internal market (Directive on electronic commerce) (OJ L 178, electronic commerce) (OJ L 178, 17.7.2000, p. 1). 17.7.2000, p. 1).

Annex I, point(6)

• (6) 

  Directive 2001/83/EC i of the (6) Directive 2001/83/EC i of the European Parliament and of the European Parliament and of the See ANNEX I under title E. Health Council of 6 November 2001 on Council of 6 November 2001 on

180 the Community code relating to the Community code relating to medicinal products for human use: medicinal products for human use: Articles 86 to 100 (OJ L 311, Articles 86 to 100 (OJ L 311,

28.11.2001, p. 67). 28.11.2001, p. 67).

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Annex I, point(7)

• (7) 

  Directive 2002/22/EC i of the (7) Directive 2002/22/EC i of the European Parliament and of the European Parliament and of the See ANNEX I under title G. Council of 7 March 2002 on Council of 7 March 2002 on Telecommunication universal service and users' rights universal service and users' rights

181 relating to electronic relating to electronic communications networks and communications networks and services (Universal Service services (Universal Service Directive) (OJ L 108, 24.4.2002, Directive) (OJ L 108, 24.4.2002, p. 51–77). p. 51–77).

Annex I, point(8)

• (8) 

  Directive 2002/58/EC i of the (8) Directive 2002/58/EC i of the European Parliament and of the European Parliament and of the See ANNEX I under title H. Personal Council of 12 July 2002 Council of 12 July 2002 data concerning the processing of concerning the processing of

182 personal data and the protection of personal data and the protection of privacy in the electronic privacy in the electronic

communications sector (Directive communications sector (Directive on privacy and electronic on privacy and electronic communications) (OJ L 201, communications) (OJ L 201, 31.7.2002, p. 37): Article 13. 31.7.2002, p. 37): Article 13.

Annex I, point(9)

• (9) 

  Directive 2002/65/EC i of the (9) Directive 2002/65/EC i of the 183 European Parliament and of the European Parliament and of the See ANNEX I under title L. General

Council of 23 September 2002 Council of 23 September 2002 financial services concerning the distance marketing concerning the distance marketing

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of consumer financial services (OJ of consumer financial services (OJ L 271, 9.10.2002, p. 16). L 271, 9.10.2002, p. 16).

Annex I, point(10)

• (10) 

  Regulation (EC) No (10) Regulation (EC) No 261/2004 i of the European 261/2004 of the European See ANNEX I under title C. Passenger Parliament and of the Council of Parliament and of the Council of rights 11 February 2004 establishing 11 February 2004 establishing common rules on compensation common rules on compensation

184 and assistance to passengers in the and assistance to passengers in the event of denied boarding and of event of denied boarding and of

cancellation or long delay of cancellation or long delay of flights, and repealing Regulation flights, and repealing Regulation (EEC) No 295/91 i (OJ L 46, (EEC) No 295/91 i (OJ L 46, 17.2.2004, p. 1). 17.2.2004, p. 1).

Annex I, point(11)

• (11) 

  Directive 2005/29/EC i of the (11) Directive 2005/29/EC i of the (11) Directive 2005/29/EC i of the European Parliament and of the European Parliament and of the European Parliament and of the Council of 11 May 2005 Council of 11 May 2005 Council of 11 May 2005

185 concerning unfair business-toconcerning unfair business-toconcerning unfair business-toconsumer commercial practices in consumer commercial practices in consumer commercial practices in the internal market (OJ L 149, the internal market (OJ L 149, the internal market (OJ L 149, 11.6.2005, p. 22). 11.6.2005, p. 22). 11.6.2005, p. 22).

Annex I, point(12)

186 (12) Regulation (EC) No (12) Regulation (EC) No 1107/2006 i of the European 1107/2006 of the European See ANNEX I under title C. Passenger

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Parliament and of the Council of 5 Parliament and of the Council of 5 rights July 2006 concerning the rights of July 2006 concerning the rights of disabled persons and persons with disabled persons and persons with reduced mobility when travelling reduced mobility when travelling by air (OJ L 204, 26.7.2006, p. 1). by air (OJ L 204, 26.7.2006, p. 1).

Annex I, point(13)

• (13) 

  Directive 2006/114/EC i of (13) Directive 2006/114/EC i of (13) Directive 2006/114/EC i of the European Parliament and of the European Parliament and of the European Parliament and of the Council of 12 December 2006 the Council of 12 December 2006 the Council of 12 December 2006

187 concerning misleading and concerning misleading and concerning misleading and comparative advertising (OJ L comparative advertising (OJ L comparative advertising (OJ L

376, 27.12.2006, p. 21): Article 1, 376, 27.12.2006, p. 21): Article 1, 376, 27.12.2006, p. 21): Article 1, point (c) of Article 2 and Articles point (c) of Article 2 and Articles point (c) of Article 2 and Articles 4 to 8. 4 to 8. 4 to 8.

Annex I, point(14)

• (14) 

  Directive 2006/123/EC i of (14) Directive 2006/123/EC i of (14) Directive 2006/123/EC i of the European Parliament and of the European Parliament and of the European Parliament and of

188 the Council of 12 December 2006 the Council of 12 December 2006 the Council of 12 December 2006 on services in the internal market on services in the internal market on services in the internal market

(OJ L 376, 27.12.2006, p. 36). (OJ L 376, 27.12.2006, p. 36). (OJ L 376, 27.12.2006, p. 36): Articles 20 and 22.

Annex I, point(15)

189 (15) Regulation (EC) No (15) Regulation (EC) No 1371/2007 i of the European 1371/2007 of the European See ANNEX I under title C. Passenger

Parliament and of the Council of Parliament and of the Council of rights

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23 October 2007 on rail 23 October 2007 on rail passengers’ rights and obligations passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14). (OJ L 315, 3.12.2007, p. 14).

Annex I, point(16)

• (16) 

  Directive 2008/48/EC i of the (16) Directive 2008/48/EC i of the European Parliament and of the European Parliament and of the See ANNEX I under title L. General Council of 23 April 2008 on credit Council of 23 April 2008 on credit financial services

190 agreements for consumers and agreements for consumers and repealing Council Directive repealing Council Directive

87/102/EEC (OJ L 133, 87/102/EEC (OJ L 133, 22.5.2008, p. 66). 22.5.2008, p. 66).

Annex I, point(17)

• (17) 

  Regulation (EC) No (17) Regulation (EC) No 1008/2008 i of the European 1008/2008 of the European See ANNEX I under title C. Passenger Parliament and of the Council of Parliament and of the Council of rights

191 24 September 2008 on common 24 September 2008 on common rules for the operation of air rules for the operation of air

services in the Community (OJ L services in the Community (OJ L 293, 31.10.2008, p. 3): Articles 293, 31.10.2008, p. 3): Articles 22, 23 and 24. 22, 23 and 24.

Annex I, point(18)

• (18) 

  Regulation (EC) No (18) Regulation (EC) No 192 1272/2008 of the European 1272/2008 of the European See ANNEX I under title B. Product

Parliament and of the Council of Parliament and of the Council of information and labelling 16 December 2008 on 16 December 2008 on

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classification, labelling and classification, labelling and packaging of substances and packaging of substances and mixtures, amending and repealing mixtures, amending and repealing Directives 67/548/EEC i and Directives 67/548/EEC i and 1999/45/EC, and amending 1999/45/EC, and amending Regulation (EC) No 1907/2006 i Regulation (EC) No 1907/2006 i (OJ L 353, 31.12.2008, p. 1– (OJ L 353, 31.12.2008, p. 1– 1355). 1355).

Annex I, point(19)

• (19) 

  Directive 2008/122/EC i of (19) Directive 2008/122/EC i of the European Parliament and of the European Parliament and of See ANNEX I under title D. Tourism the Council of 14 January 2009 on the Council of 14 January 2009 on the protection of consumers in the protection of consumers in

193 respect of certain aspects of respect of certain aspects of timeshare, long-term holiday timeshare, long-term holiday product, resale and exchange product, resale and exchange contracts (OJ L 33, 3.2.2009, p. contracts (OJ L 33, 3.2.2009, p. 10). 10).

Annex I, point(20)

• (20) 

  Directive 2009/72/EC i of the (20) Directive 2009/72/EC i of the European Parliament and of the European Parliament and of the See ANNEX I under title I. Energy Council of 13 July 2009 Council of 13 July 2009 market

194 concerning common rules for the concerning common rules for the internal market in electricity and internal market in electricity and repealing Directive 2003/54/EC i repealing Directive 2003/54/EC i (OJ L 211, 14.8.2009, p. 55–93). (OJ L 211, 14.8.2009, p. 55–93).

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Annex I, point(21)

• (21) 

  Directive 2009/73/EC i of the (21) Directive 2009/73/EC i of the European Parliament and of the European Parliament and of the See ANNEX I under title I. Energy Council of 13 July 2009 Council of 13 July 2009 market

195 concerning common rules for the concerning common rules for the internal market in natural gas and internal market in natural gas and repealing Directive 2003/55/EC i repealing Directive 2003/55/EC i (OJ L 211, 14.8.2009, p. 94–136). (OJ L 211, 14.8.2009, p. 94–136).

Annex I, point(22)

• (22) 

  Directive 2009/65/EC i of the (22) Directive 2009/65/EC i of the European Parliament and of the European Parliament and of the See ANNEX I under title M. Council of 13 July 2009 on the Council of 13 July 2009 on the Investment services coordination of laws, regulations coordination of laws, regulations

196 and administrative provisions and administrative provisions relating to undertakings for relating to undertakings for

collective investment in collective investment in transferable securities (UCITS) transferable securities (UCITS) (OJ L 302, 17.11.2009, p. 32–96). (OJ L 302, 17.11.2009, p. 32–96).

Annex I, point(23)

• (23) 

  Regulation (EC) No (23) Regulation (EC) No 924/2009 i of the European 924/2009 of the European See ANNEX I under title L. General

197 Parliament and of the Council of Parliament and of the Council of financial services 16 September 2009 on cross 16 September 2009 on crossborder

payments in the border payments in the Community and repealing Community and repealing Regulation (EC) No 2560/2001 i Regulation (EC) No 2560/2001 i

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(OJ L 266, 9.10.2009, p. 11–18). (OJ L 266, 9.10.2009, p. 11–18).

Annex I, point(24)

• (24) 

  Directive 2009/110/EC i of (24) Directive 2009/110/EC i of the European Parliament and of the European Parliament and of See ANNEX I under title L. General the Council of 16 September 2009 the Council of 16 September 2009 financial services on the taking up, pursuit and on the taking up, pursuit and

198 prudential supervision of the prudential supervision of the business of electronic money business of electronic money

institutions amending Directives institutions amending Directives 2005/60/EC i and 2006/48/EC and 2005/60/EC i and 2006/48/EC and repealing Directive 2000/46/EC i repealing Directive 2000/46/EC i (OJ L 267, 10.10.2009, p. 7–17). (OJ L 267, 10.10.2009, p. 7–17).

Annex I, point(25)

• (25) 

  Directive 2009/125/EC i of (25) Directive 2009/125/EC i of the European Parliament and of the European Parliament and of See ANNEX I under title J. Energy the Council of 21 October 2009 the Council of 21 October 2009 efficiency

199 establishing a framework for the establishing a framework for the setting of ecodesign requirements setting of ecodesign requirements for energy-related products (OJ L for energy-related products (OJ L 285, 31.10.2009, p. 10–35). 285, 31.10.2009, p. 10–35).

Annex I, point(26)

• (26) 

  Regulation (EC) No (26) Regulation (EC) No 200 1222/2009 of the European 1222/2009 of the European See ANNEX I under title B. Product

Parliament and of the Council of Parliament and of the Council of information and labelling 25 November 2009 on the 25 November 2009 on the

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Commission Proposal EP Mandate Council Mandate Draft Agreement

labelling of tyres with respect to labelling of tyres with respect to fuel efficiency and other essential fuel efficiency and other essential parameters (OJ L 342, 22.12.2009, parameters (OJ L 342, 22.12.2009, p. 46–58). p. 46–58).

Annex I, point(27)

• (27) 

  Directive 2009/138/EC i of (27) Directive 2009/138/EC i of the European Parliament and of the European Parliament and of See ANNEX I under title N. Insurances the Council of 25 November 2009 the Council of 25 November 2009 and retirement services

201 on the taking-up and pursuit of the on the taking-up and pursuit of the business of Insurance and business of Insurance and

Reinsurance (Solvency II) (OJ L Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1–155): 335, 17.12.2009, p. 1–155): Articles 183, 184, 185 and186. Articles 183, 184, 185 and186.

Annex I, point(28)

• (28) 

  Directive 2010/13 i/EU of the (28) Directive 2010/13 i/EU of the European Parliament and of the European Parliament and of the See ANNEX I under title F. Electronic Council of 10 March 2010 on the Council of 10 March 2010 on the commerce and services coordination of certain provisions coordination of certain provisions laid down by law, regulation or laid down by law, regulation or

202 administrative action in Member administrative action in Member States concerning the provision of States concerning the provision of

audiovisual media services audiovisual media services (Audiovisual Media Services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. Directive) (OJ L 95, 15.4.2010, p. 1): Articles 9, 10, 11 and Articles 1): Articles 9, 10, 11 and Articles 19 to 26. 19 to 26.

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Annex I, point(29)

• (29) 

  Directive 2010/31 i/EU of the (29) Directive 2010/31 i/EU of the European Parliament and of the European Parliament and of the deleted

203 Council of 19 May 2010 on the Council of 19 May 2010 on the energy performance of buildings energy performance of buildings (OJ L 153, 18.6.2010, p. 13–35). (OJ L 153, 18.6.2010, p. 13–35).

Annex I, point(30)

• (30) 

  Regulation (EC) No 66/2010 i (30) Regulation (EC) No 66/2010 i of the European Parliament and of of the European Parliament and of See ANNEX I under title B. Product

204 the Council of 25 November 2009 the Council of 25 November 2009 information and labelling on the EU Ecolabel (OJ L 27, on the EU Ecolabel (OJ L 27,

30.1.2010, p. 1–19). 30.1.2010, p. 1–19).

Annex I, point(31)

• (31) 

  Regulation (EU) No (31) Regulation (EU) No 1177/2010 i of the European 1177/2010 of the European See ANNEX I under title C. Passenger Parliament and of the Council of Parliament and of the Council of rights 24 November 2010 concerning the 24 November 2010 concerning the

205 rights of passengers when rights of passengers when travelling by sea and inland travelling by sea and inland waterway and amending waterway and amending Regulation (EC) No 2006/2004 i Regulation (EC) No 2006/2004 i (OJ L 334, 17.12.2010, p. 1). (OJ L 334, 17.12.2010, p. 1).

Annex I, point(32)

206 (32) Regulation (EU) No (32) Regulation (EU) No

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Commission Proposal EP Mandate Council Mandate Draft Agreement

181/2011 of the European 181/2011 of the European See ANNEX I under title C. Passenger Parliament and of the Council of Parliament and of the Council of rights 16 February 2011 concerning the 16 February 2011 concerning the rights of passengers in bus and rights of passengers in bus and coach transport and amending coach transport and amending Regulation (EC) No 2006/2004 i Regulation (EC) No 2006/2004 i (OJ L 55, 28.2.2011, p. 1). (OJ L 55, 28.2.2011, p. 1).

Annex I, point(33)

• (33) 

  Directive 2011/24 i/EU of the (33) Directive 2011/24 i/EU of the European Parliament and of the European Parliament and of the deleted

207 Council of 9 March 2011 on the Council of 9 March 2011 on the application of patients’ rights in application of patients’ rights in

cross-border healthcare (OJ L 88, cross-border healthcare (OJ L 88, 4.4.2011, p. 45–65). 4.4.2011, p. 45–65).

Annex I, point(34)

• (34) 

  Directive 2011/61 i/EU of the (34) Directive 2011/61 i/EU of the European Parliament and of the European Parliament and of the See ANNEX I under title M. Council of 8 June 2011 on Council of 8 June 2011 on Investment services Alternative Investment Fund Alternative Investment Fund

208 Managers and amending Managers and amending Directives 2003/41/EC i and Directives 2003/41/EC i and

2009/65/EC and Regulations (EC) 2009/65/EC and Regulations (EC) No 1060/2009 i and (EU) No No 1060/2009 and (EU) No 1095/2010 (OJ L 174, 1.7.2011, p. 1095/2010 (OJ L 174, 1.7.2011, p. 1–73). 1–73).

Annex I, point(35)

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• (35) 

  Directive 2011/83 i/EU of the (35) Directive 2011/83 i/EU of the (35) Directive 2011/83 i/EU of the European Parliament and of the European Parliament and of the European Parliament and of the Council of 25 October 2011 on Council of 25 October 2011 on Council of 25 October 2011 on consumer rights, amending consumer rights, amending consumer rights, amending Council Directive 93/13/EEC i and Council Directive 93/13/EEC i and Council Directive 93/13/EEC i and

209 Directive 1999/44/EC i of the Directive 1999/44/EC i of the Directive 1999/44/EC i of the European Parliament and of the European Parliament and of the European Parliament and of the

Council and repealing Council Council and repealing Council Council and repealing Council Directive 85/577/EEC i and Directive 85/577/EEC i and Directive 85/577/EEC i and Directive 97/7/EC i of the European Directive 97/7/EC i of the European Directive 97/7/EC i of the European Parliament and of the Council (OJ Parliament and of the Council (OJ Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). L 304, 22.11.2011, p. 64). L 304, 22.11.2011, p. 64).

Annex I, point(36)

• (36) 

  Regulation (EU) No (36) Regulation (EU) No 1169/2011 i of the European 1169/2011 of the European See ANNEX I under title B. Product Parliament and of the Council of Parliament and of the Council of information and labelling 25 October 2011 on the provision 25 October 2011 on the provision of food information to consumers, of food information to consumers, amending Regulations (EC) No amending Regulations (EC) No 1924/2006 i and (EC) No 1924/2006 and (EC) No

210 1925/2006 of the European 1925/2006 of the European Parliament and of the Council, and Parliament and of the Council, and

repealing Commission Directive repealing Commission Directive 87/250/EEC i, Council Directive 87/250/EEC i, Council Directive 90/496/EEC i, Commission 90/496/EEC, Commission Directive 1999/10/EC i, Directive Directive 1999/10/EC i, Directive 2000/13/EC i of the European 2000/13/EC of the European Parliament and of the Council, Parliament and of the Council, Commission Directives Commission Directives 2002/67/EC i and 2008/5/EC and 2002/67/EC i and 2008/5/EC and

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Commission Proposal EP Mandate Council Mandate Draft Agreement

Commission Regulation (EC) No Commission Regulation (EC) No 608/2004 i (OJ L 304, 22.11.2011, 608/2004 (OJ L 304, 22.11.2011, p. 18–63). p. 18–63).

Annex I, point(37)

• (37) 

  Regulation (EU) No (37) Regulation (EU) No 260/2012 i of the European 260/2012 of the European See ANNEX I under title L. General Parliament and of the Council of Parliament and of the Council of financial services 14 March 2012 establishing 14 March 2012 establishing

211 technical and business technical and business requirements for credit transfers requirements for credit transfers

and direct debits in euro and and direct debits in euro and amending Regulation (EC) No amending Regulation (EC) No 924/2009 i (OJ L 94, 30.3.2012, p. 924/2009 (OJ L 94, 30.3.2012, p. 22–37). 22–37).

Annex I, point(38)

• (38) 

  Regulation (EU) No (38) Regulation (EU) No 531/2012 i of the European 531/2012 of the European See ANNEX I under title G. Parliament and of the Council of Parliament and of the Council of Telecommunication

212 13 June 2012 on roaming on 13 June 2012 on roaming on public mobile communications public mobile communications networks within the Union (OJ L networks within the Union (OJ L 172, 30.6.2012, p. 10–35). 172, 30.6.2012, p. 10–35).

Annex I, point(39)

213 (39) Directive 2012/27 i/EU of the (39) Directive 2012/27 i/EU of the European Parliament and of the European Parliament and of the See ANNEX I under title J. Energy

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

Council of 25 October 2012 on Council of 25 October 2012 on efficiency energy efficiency, amending energy efficiency, amending Directives 2009/125/EC i and Directives 2009/125/EC i and 2010/30/EU and repealing 2010/30/EU and repealing Directives 2004/8/EC i and Directives 2004/8/EC i and 2006/32/EC (OJ L 315, 2006/32/EC i (OJ L 315, 14.11.2012, p. 1–56). 14.11.2012, p. 1–56).

Annex I, point(40)

• (40) 

  Directive 2013/11 i/EU of the (40) Directive 2013/11 i/EU of the European Parliament and of the European Parliament and of the See ANNEX I under title K. Dispute

214 Council of 21 May 2013 on Council of 21 May 2013 on resolution alternative dispute resolution for alternative dispute resolution for

consumer disputes (OJ L 165, consumer disputes (OJ L 165, 18.6.2013, p. 63): Article 13. 18.6.2013, p. 63): Article 13.

Annex I, point(41)

• (41) 

  Regulation (EU) No (41) Regulation (EU) No 524/2013 i of the European 524/2013 of the European See ANNEX I under title K. Dispute Parliament and of the Council of Parliament and of the Council of resolution

215 21 May 2013 on online dispute 21 May 2013 on online dispute resolution for consumer disputes resolution for consumer disputes

(Regulation on consumer ODR) (Regulation on consumer ODR) (OJ L 165, 18.6.2013, p. 1): (OJ L 165, 18.6.2013, p. 1): Article 14. Article 14.

Annex I, point(42)

216 (42) Regulation (EU) No (42) Regulation (EU) No

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Commission Proposal EP Mandate Council Mandate Draft Agreement

345/2013 of the European 345/2013 of the European deleted Parliament and of the Council of Parliament and of the Council of 17 April 2013 on European 17 April 2013 on European venture capital funds (OJ L 115, venture capital funds (OJ L 115, 25.4.2013, p. 1–17). 25.4.2013, p. 1–17).

Annex I, point(43)

• (43) 

  Regulation (EU) No (43) Regulation (EU) No 346/2013 i of the European 346/2013 of the European deleted

217 Parliament and of the Council of Parliament and of the Council of 17 April 2013 on European social 17 April 2013 on European social

entrepreneurship funds (OJ L 115, entrepreneurship funds (OJ L 115, 25.4.2013, p. 18–38). 25.4.2013, p. 18–38).

Annex I, point(44)

• (44) 

  Directive 2014/17 i/EU of the (44) Directive 2014/17 i/EU of the European Parliament and of the European Parliament and of the See ANNEX I under title L. General Council of 4 February 2014 on Council of 4 February 2014 on financial services credit agreements for consumers credit agreements for consumers relating to residential immovable relating to residential immovable

218 property and amending Directives property and amending Directives 2008/48/EC i and 2013/36/EU and 2008/48/EC and 2013/36/EU and

Regulation (EU) No 1093/2010 i Regulation (EU) No 1093/2010 i (OJ L 60, 28.2.2014, p. 34): (OJ L 60, 28.2.2014, p. 34): Articles 10, 11, 13, 14, 15, 16, 17, Articles 10, 11, 13, 14, 15, 16, 17, 18, 21, 22, 23, Chapter 10 and 18, 21, 22, 23, Chapter 10 and Annexes I and II. Annexes I and II.

Annex I, point(45)

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Commission Proposal EP Mandate Council Mandate Draft Agreement

• (45) 

  Directive 2014/65 i/EU of the (45) Directive 2014/65 i/EU of the European Parliament and of the European Parliament and of the See ANNEX I under title M. Council of 15 May 2014 on Council of 15 May 2014 on Investment services

219 markets in financial instruments markets in financial instruments and amending Directive and amending Directive

2002/92/EC and Directive 2002/92/EC i and Directive 2011/61 i/EU (OJ L 173, 12.6.2014, 2011/61/EU (OJ L 173, 12.6.2014, p. 349–496). p. 349–496).

Annex I, point(46)

• (46) 

  Directive 2014/92 i/EU of the (46) Directive 2014/92 i/EU of the European Parliament and of the European Parliament and of the See ANNEX I under title L. General Council of 23 July 2014 on the Council of 23 July 2014 on the financial services comparability of fees related to comparability of fees related to

220 payment accounts, payment payment accounts, payment account switching and access to account switching and access to

payment accounts with basic payment accounts with basic features (OJ L 257, 28.8.2014, p. features (OJ L 257, 28.8.2014, p. 214): Articles 3 to 18 and Article 214): Articles 3 to 18 and Article 20(2). 20(2).

Annex I, point(47)

• (47) 

  Directive (EU) 2015/2302 of (47) Directive (EU) 2015/2302 of the European Parliament and of the European Parliament and of See ANNEX I under title D. Tourism

221 the Council of 25 November 2015 the Council of 25 November 2015 on package travel and linked on package travel and linked

travel arrangements, amending travel arrangements, amending Regulation (EC) No 2006/2004 i Regulation (EC) No 2006/2004 i and Directive 2011/83 i/EU of the and Directive 2011/83 i/EU of the

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Commission Proposal EP Mandate Council Mandate Draft Agreement

European Parliament and of the European Parliament and of the Council and repealing Council Council and repealing Council Directive 90/314/EEC i (OJ L 326, Directive 90/314/EEC i (OJ L 326, 11.12.2015, p. 1). 11.12.2015, p. 1).

Annex I, point(48)

• (48) 

  Regulation (EU) No (48) Regulation (EU) No 1286/2014 i of the European 1286/2014 of the European See ANNEX I under title M. Parliament and of the Council of Parliament and of the Council of Investment services 26 November 2014 on key 26 November 2014 on key

222 information documents for information documents for packaged retail and insurancepackaged retail and insurancebased investment products based investment products (PRIIPs) (OJ L 352, 9.12.2014, p. (PRIIPs) (OJ L 352, 9.12.2014, p. 1–23). 1–23).

Annex I, point(49)

• (49) 

  Regulation (EU) 2015/760 of (49) Regulation (EU) 2015/760 of the European Parliament and of the European Parliament and of See ANNEX I under title M.

223 the Council of 29 April 2015 on the Council of 29 April 2015 on Investment services European long-term investment European long-term investment

funds (OJ L 123, 19.5.2015, p. funds (OJ L 123, 19.5.2015, p. 98–121). 98–121).

Annex I, point(50)

224 (50) Directive (EU) 2015/2366 of (50) Directive (EU) 2015/2366 of the European Parliament and of the European Parliament and of See ANNEX I under title L. General

the Council of 25 November 2015 the Council of 25 November 2015 financial services

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

on payment services in the on payment services in the internal market, amending internal market, amending Directives 2002/65/EC i, Directives 2002/65/EC i, 2009/110/EC i and 2013/36/EU and 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010 i, Regulation (EU) No 1093/2010 i, and repealing Directive and repealing Directive 2007/64/EC i (OJ L 337, 2007/64/EC i (OJ L 337, 23.12.2015, p. 35–127). 23.12.2015, p. 35–127).

Annex I, point(51)

• (51) 

  Regulation (EU) 2015/2120 (51) Regulation (EU) 2015/2120 of the European Parliament and of of the European Parliament and of See ANNEX I under title G. the Council of 25 November 2015 the Council of 25 November 2015 Telecommunication laying down measures concerning laying down measures concerning open internet access and amending open internet access and amending Directive 2002/22/EC i on Directive 2002/22/EC i on

225 universal service and users’ rights universal service and users’ rights relating to electronic relating to electronic

communications networks and communications networks and services and Regulation (EU) No services and Regulation (EU) No 531/2012 i on roaming on public 531/2012 on roaming on public mobile communications networks mobile communications networks within the Union (OJ L 310, within the Union (OJ L 310, 26.11.2015, p. 1–18). 26.11.2015, p. 1–18).

Annex I, point(52)

• (52) 

  Directive (EU) 2016/97 of (52) Directive (EU) 2016/97 of 226 the European Parliament and of the European Parliament and of See ANNEX I under title N. Insurances

the Council of 20 January 2016 on the Council of 20 January 2016 on and retirement services insurance distribution (recast) (OJ insurance distribution (recast) (OJ

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

L 26, 2.2.2016, p. 19–59). L 26, 2.2.2016, p. 19–59).

Annex I, point(53)

• (53) 

  Regulation (EU) 2016/679 of (53) Regulation (EU) 2016/679 of the European Parliament and of the European Parliament and of See ANNEX I under title H. Personal the Council of 27 April 2016 on the Council of 27 April 2016 on data the protection of natural persons the protection of natural persons with regard to the processing of with regard to the processing of

227 personal data and on the free personal data and on the free movement of such data, and movement of such data, and repealing Directive 95/46/EC i repealing Directive 95/46/EC i (General Data Protection (General Data Protection

Regulation) (OJ L 119, 4.5.2016, Regulation) (OJ L 119, 4.5.2016, p. 1–88). p. 1–88).

Annex I, point(54)

• (54) 

  Directive (EU) 2016/2341 of (54) Directive (EU) 2016/2341 of the European Parliament and of the European Parliament and of deleted the Council of 14 December 2016 the Council of 14 December 2016

228 on the activities and supervision on the activities and supervision of institutions for occupational of institutions for occupational retirement provision (IORPs) (OJ retirement provision (IORPs) (OJ L 354, 23.12.2016, p. 37–85). L 354, 23.12.2016, p. 37–85).

Annex I, point(55)

229 (55) Regulation (EU) 2017/1128 (55) Regulation (EU) 2017/1128 of the European Parliament and of of the European Parliament and of See ANNEX I under title F. Electronic

the Council of 14 June 2017 on the Council of 14 June 2017 on commerce and services

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Commission Proposal EP Mandate Council Mandate Draft Agreement

cross-border portability of online cross-border portability of online content services in the internal content services in the internal market (OJ L 168, 30.6.2017, p. market (OJ L 168, 30.6.2017, p. 1). 1).

Annex I, point(56)

• (56) 

  Regulation (EU) 2017/1129 (56) Regulation (EU) 2017/1129 of the European Parliament and of of the European Parliament and of See ANNEX I under title M. the Council of 14 June 2017 on the Council of 14 June 2017 on Investment services the prospectus to be published the prospectus to be published

230 when securities are offered to the when securities are offered to the public or admitted to trading on a public or admitted to trading on a regulated market, and repealing regulated market, and repealing

Directive 2003/71/EC i (OJ L 168, Directive 2003/71/EC i (OJ L 168, 30.6.2017, p. 12–82). 30.6.2017, p. 12–82).

Annex I, point(57)

• (57) 

  Regulation (EU) 2017/1131 (57) Regulation (EU) 2017/1131 of the European Parliament and of of the European Parliament and of See ANNEX I under title M.

231 the Council of 14 June 2017 on the Council of 14 June 2017 on Investment services money market funds (OJ L 169, money market funds (OJ L 169,

30.6.2017, p. 8–45). 30.6.2017, p. 8–45).

Annex I, point(58)

• (58) 

  Regulation (EU) 2017/1369 (58) Regulation (EU) 2017/1369 232 of the European Parliament and of of the European Parliament and of See ANNEX I under title B. Product

the Council of 4 July 2017 setting the Council of 4 July 2017 setting information and labelling a framework for energy labelling a framework for energy labelling

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

and repealing Directive and repealing Directive 2010/30 i/EU (OJ L 198, 28.7.2017, 2010/30/EU (OJ L 198, 28.7.2017, p. 1–23). p. 1–23).

Annex I, point(59)

• (59) 

  Regulation (EU) 2018/302 of (59) Regulation (EU) 2018/302 of (59) Regulation (EU) 2018/302 of the European Parliament and of the European Parliament and of the European Parliament and of the Council of 28 February 2018 the Council of 28 February 2018 the Council of 28 February 2018 on addressing unjustified geoon addressing unjustified geoon addressing unjustified geoblocking and other forms of blocking and other forms of blocking and other forms of discrimination based on discrimination based on discrimination based on

233 customers' nationality, place of customers' nationality, place of customers' nationality, place of residence or place of residence or place of residence or place of

establishment within the internal establishment within the internal establishment within the internal market and amending Regulations market and amending Regulations market and amending Regulations (EC) No 2006/2004 i and (EU) (EC) No 2006/2004 and (EU) (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2017/2394 and Directive 2017/2394 and Directive 2009/22/EC i (OJ L 60, 02.03.2018, 2009/22/EC (OJ L 60, 02.03.2018, 2009/22/EC (OJ L 60, 02.03.2018, p. 1). p. 1). p. 1): Articles 3 - 5.

Annex I, point(59a)

(59a) Directive 2001/95/EC i of the European Parliament and of the Council of 3 December 2001

233a on general product safety (OJ L

11, 15.1.2002, p. 4).

AM 103

Annex I, point(59b)

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

(59b) Directive 2014/35 i/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to

233b the making available on the

market of electrical equipment designed for use within certain voltage limits (OJ L 96, 29.3.2014, p. 357).

AM 104

Annex I, point(59c)

(59c) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and

233c requirements of food law,

establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

AM 105

Annex I, point(59d)

233d (59d) Directive 2014/31 i/EU of

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Commission Proposal EP Mandate Council Mandate Draft Agreement

the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (OJ L 96, 29.3.2014, p. 107).

AM 106

Annex I, point(59e)

(59e) Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines

233e and trade descriptions for

preserved sardines and sardinetype products (OJ L 212, 22.7.1989, p. 79).

AM 107

Annex I, point(59f)

(59f) Regulation (EC) No 715/2009 of the European

233f Parliament and of the Council of 13 July 2009 on conditions for

access to the natural gas transmission networks and

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36).

AM 108

Annex I, point(59a)

233g B. Product information and labelling

Annex I, point(59b)

• (3) 

  Directive 98/6/EC i of the European Parliament and of the Council of 16 February 1998 on consumer protection in the

233h indication of the prices of products offered to consumers (OJ L 80, 18.3.1998, p. 27).

See row 177 - Identical

Annex I, point(59c)

• (18) 

  Regulation (EC) No 1272/2008 of the European

233i Parliament and of the Council of 16 December 2008 on

classification, labelling and packaging of substances and

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

mixtures, amending and repealing Directives 67/548/EEC i and 1999/45/EC, and amending Regulation (EC) No 1907/2006 i (OJ L 353, 31.12.2008, p. 1– 1355): Articles 1 - 35.

See row 192

Annex I, point(59d)

• (26) 

  Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to

233j fuel efficiency and other essential parameters (OJ L 342, 22.12.2009, p. 46–58): Articles 4 - 6.

See row 200

Annex I, point(59e)

• (30) 

  Regulation (EC) No 66/2010 of the European

233k Parliament and of the Council of 25 November 2009 on the EU

Ecolabel (OJ L 27, 30.1.2010, p. 1–19): Articles 9 ‑ 10.

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

see row 204

Annex I, point(59f)

• (36) 

  Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 i and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive

233l 87/250/EEC, Council Directive 90/496/EEC, Commission

Directive 1999/10/EC i, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18–63).

See row 210 - identical

Annex I, point(59g)

233m (58) Regulation (EU) 2017/1369 of the European Parliament and

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Commission Proposal EP Mandate Council Mandate Draft Agreement

of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1–23): Articles 3 - 6.

See row 232

Annex I, point(59h)

233n C. Passenger rights

Annex I, point(59i)

10-a) Council Regulation (EC) No 2027/97 of 9 October 1997 on

233o air carrier liability in respect of the carriage of passengers and

their baggage by air (OJ L 285 , 17.10.1997, p. 1 –3).

Annex I, point(59j)

• (10) 

  Regulation (EC) No 261/2004 of the European

233p Parliament and of the Council of 11 February 2004 establishing

common rules on compensation and assistance to passengers in the event of denied boarding

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 i (OJ L 46, 17.2.2004, p. 1).

See row 184 - identical

Annex I, point(59k)

• (12) 

  Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the

233q rights of disabled persons and persons with reduced mobility

when travelling by air (OJ L 204, 26.7.2006, p. 1).

See row 186 - identical

Annex I, point(59l)

• (15) 

  Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail

233r passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).

See row 189 - identical

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

Annex I, point(59m)

• (17) 

  Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on

233s common rules for the operation of air services in the Community

(OJ L 293, 31.10.2008, p. 3): Article 23.

See row 191

Annex I, point(59n)

(17a) Regulation (EC) No 392/2009 of the European Parliament and of the Council

233t of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents (OJ L 131, 28.5.2009, p. 24–46).

Annex I, point(59o)

• (31) 

  Regulation (EU) No 1177/2010 of the European

233u Parliament and of the Council of 24 November 2010

concerning the rights of passengers when travelling by sea and inland waterway and

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1).

See row 205 - identical

Annex I, point(59p)

• (32) 

  Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus

233v and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1).

See row 206 - identical

Annex I, point(59q)

233w D. Tourism

Annex I, point(59r)

• (19) 

  Directive 2008/122/EC i of

233x the European Parliament and of the Council of 14 January 2009

on the protection of consumers in respect of certain aspects of

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

timeshare, long-term holiday product, resale and exchange contracts (OJ L 33, 3.2.2009, p. 10).

See row 193 - identical

Annex I, point(59s)

• (47) 

  Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No

233y 2006/2004 and Directive 2011/83/EU of the European

Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ L 326, 11.12.2015, p. 1).

See row 221 - identical

Annex I, point(59t)

233z E. Health

Annex I, point(59u)

233aa (6) Directive 2001/83/EC i of the

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Commission Proposal EP Mandate Council Mandate Draft Agreement

European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67): Articles 86–90, 98 and 100.

See row 180

Annex I, point(59v)

(6a) Regulation (EC) No 1223/2009 of the European Parliament and of the Council

233ab of 30 November 2009 on cosmetic products (recast) (OJ L 342, 22.12.2009, p. 59–209): Articles 3–8 and 19–21.

Annex I, point(59w)

(33a) Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending

233ac Directive 2001/83/EC i, Regulation (EC) No 178/2002 i

and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC i and 93/42/EEC: Chapter II.

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

Annex I, point(59x)

(33b) Regulation 2017/746 of the European Parliament and of the Council of 5 April 2017 on in

233ad vitro diagnostic medical devices and repealing Directive

98/79/EC and Commission Decision 2010/227 i/EU: Chapter II.

Annex I, point(59y)

233ae F. Electronic commerce and services

Annex I, point(59z)

• (5) 

  Directive 2000/31/EC i of the European Parliament and of the Council of 8 June 2000 on certain legal aspects on information society services, in

233af particular electronic commerce, in the internal market (Directive

on electronic commerce) (OJ L 178, 17.7.2000, p. 1): Articles 5– 7, 10 and 11.

See row 179

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

Annex I, point(59aa)

• (28) 

  Directive 2010/13 i/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States

233ag concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1): Articles 9–11, 19–26 and 28b.

See row 202

Annex I, point(59ab)

• (55) 

  Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of

233ah online content services in the internal market (OJ L 168,

30.6.2017, p. 1).

See row 229 - identical

Annex I, point(59ac)

233ai

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

• G. 

  Telecommunication

Annex I, point(59ad)

• (7) 

  Directive 2002/22/EC i of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic

233aj communications networks and services (Universal Service

Directive) (OJ L 108, 24.4.2002, p. 51–77): Article 10 and Chapter IV.

See row 181

Annex I, point(59ae)

(7a) Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European

233ak Electronic Communications Code (Recast) (OJ L 321,

17.12.2018, p. 36–214): Articles 88, 98 – 116 and Annexes VI and VIII.

Annex I, point(59af)

233al

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

• (38) 

  Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union (OJ L 172, 30.6.2012, p. 10–35).

See row 212 - identical

Annex I, point(59ag)

• (51) 

  Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and retail charges for regulated

233am intra-EU communications and amending Directive 2002/22/EC i and Regulation (EU) No

531/2012 (OJ L 310, 26.11.2015, p. 1–18).

See row 225

Annex I, point(59ah)

233an H. Personal data

Annex I, point(59ai)

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

• (8) 

  Directive 2002/58/EC i of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic

233ao communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37): Articles 4–8 and 13.

See row 182

Annex I, point(59aj)

• (53) 

  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and

233ap on the free movement of such data, and repealing Directive 95/46/EC (General Data

Protection Regulation) (OJ L 119, 4.5.2016, p. 1–88).

See row 227 - identical

Annex I, point(59ak)

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

233aq I. Energy market

Annex I, point(59al)

• (20) 

  Directive 2009/72/EC i of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity

233ar and repealing Directive 2003/54/EC (OJ L 211, 14.8.2009, p. 55–93): Article 3 and Annex I.

See row 194

Annex I, point(59am)

• (21) 

  Directive 2009/73/EC i of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural

233as gas and repealing Directive 2003/55/EC (OJ L 211,

14.8.2009, p. 94–136): Article 3 and Annex I.

See row 195

Annex I, point(59an)

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

233at J. Energy efficiency

Annex I, point(59ao)

• (25) 

  Directive 2009/125/EC i of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign

233au requirements for energy-related products (OJ L 285, 31.10.2009, p. 10–35): Article 14 and Annex I.

See row 199

Annex I, point(59ap)

• (39) 

  Directive 2009/125/EC i of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign

233av requirements for energy-related products (OJ L 285, 31.10.2009, p. 10–35): Article 14 and Annex I.

See row 213

Annex I, point(59aq)

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

233aw K. Dispute resolution

Annex I, point(59ar)

• (40) 

  Directive 2013/11 i/EU of the European Parliament and of the Council of 21 May 2013 on

233ax alternative dispute resolution for consumer disputes (OJ L

165, 18.6.2013, p. 63): Article 13.

See row 214 - identical

Annex I, point(59as)

• (41) 

  Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online

233ay dispute resolution for consumer disputes (Regulation on

consumer ODR) (OJ L 165, 18.6.2013, p. 1): Article 14.

See row 215 - identical

Annex I, point(59at)

233az L. General financial services

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

Annex I, point(59au)

• (9) 

  Directive 2002/65/EC i of the European Parliament and of the Council of 23 September 2002 concerning the distance

233ba marketing of consumer financial services (OJ L 271, 9.10.2002, p. 16).

See row 183 - identical

Annex I, point(59av)

• (16) 

  Directive 2008/48/EC i of the European Parliament and of the Council of 23 April 2008 on credit agreements for

233bb consumers and repealing Council Directive 87/102/EEC i (OJ L 133, 22.5.2008, p. 66).

See row 190 - identical

Annex I, point(59aw)

• (23) 

  Regulation (EC) No 924/2009 of the European

233bc Parliament and of the Council of 16 September 2009 on crossborder payments in the

Community and repealing

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

Regulation (EC) No 2560/2001 i (OJ L 266, 9.10.2009, p. 11–18).

See row 197 - identical

Annex I, point(59ax)

• (24) 

  Directive 2009/110/EC i of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of

233bd the business of electronic money institutions amending Directives

2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC i (OJ L 267, 10.10.2009, p. 7–17).

See row 198 - identical

Annex I, point(59ay)

• (37) 

  Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing

233be technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94, 30.3.2012, p. 22–37).

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

See row 211 - identical

Annex I, point(59az)

• (44) 

  Directive 2014/17 i/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to

233bf residential immovable property and amending Directives

2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 i (OJ L 60, 28.2.2014, p. 34).

See row 218

Annex I, point(59ba)

• (46) 

  Directive 2014/92 i/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment

233bg account switching and access to payment accounts with basic

features (OJ L 257, 28.8.2014, p. 214).

See row 220

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

Annex I, point(59bb)

• (50) 

  Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC i,

233bh 2009/110/EC and 2013/36/EU and Regulation (EU) No

1093/2010, and repealing Directive 2007/64/EC i (OJ L 337, 23.12.2015, p. 35–127).

See row 224 - identical

Annex I, point(59bc)

233bi M. Investment services

Annex I, point(59bd)

• (22) 

  Directive 2009/65/EC i of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations

233bj and administrative provisions relating to undertakings for

collective investment in transferable securities (UCITS) (OJ L 302, 17.11.2009, p. 32–96).

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

See row 196 - identical

Annex I, point(59be)

• (34) 

  Directive 2011/61 i/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending

233bk Directives 2003/41/EC i and 2009/65/EC and Regulations

(EC) No 1060/2009 and (EU) No 1095/2010 (OJ L 174, 1.7.2011, p. 1–73).

See row 208 - identical

Annex I, point(59bf)

• (45) 

  Directive 2014/65 i/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive

233bl 2002/92/EC and Directive 2011/61/EU (OJ L 173,

12.6.2014, p. 349–496): Articles 23–29.

See row 219

Annex I, point(59bg)

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

• (48) 

  Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for

233bm packaged retail and insurancebased investment products

(PRIIPs) (OJ L 352, 9.12.2014, p. 1–23).

See row 222 - identical

Annex I, point(59bh)

• (49) 

  Regulation (EU) 2015/760 of the European Parliament and of the Council of 29 April 2015

233bn on European long-term investment funds (OJ L 123,

19.5.2015, p. 98–121).

See row 223 - identical

Annex I, point(59bi)

• (56) 

  Regulation (EU) 2017/1129 of the European Parliament and

233bo of the Council of 14 June 2017 on the prospectus to be

published when securities are offered to the public or admitted

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

to trading on a regulated market, and repealing Directive 2003/71/EC (OJ L 168, 30.6.2017, p. 12–82).

See row 230 - identical

Annex I, point(59bj)

• (57) 

  Regulation (EU) 2017/1131 of the European Parliament and of the Council of 14 June 2017

233bp on money market funds (OJ L 169, 30.6.2017, p. 8–45).

See row 231

Annex I, point(59bk)

233bq N. Insurance and retirement services

Annex I, point(59bl)

• (27) 

  Directive 2009/138/EC i of the European Parliament and of

233br the Council of 25 November 2009 on the taking-up and

pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335,

ANNEX ECOMP.3.A EN

Commission Proposal EP Mandate Council Mandate Draft Agreement

17.12.2009, p. 1–155): Articles 183–186.

See row 201 - identical

Annex I, point(59bm)

• (52) 

  Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution

233bs (recast) (OJ L 26, 2.2.2016, p. 19–59): Articles 17–24 and 28– 30.

See row 226

Annex II, Sub-Heading

234 CORRELATION TABLE CORRELATION TABLE CORRELATION TABLE

Annex II, Table

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235 annex, as it is not supported. annex, as it is not supported. annex, as it is not supported. Please consult the original Please consult the original Please consult the original

document document document

ANNEX ECOMP.3.A EN