Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-03-23-Speech-3-235-000"
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"en.20110323.21.3-235-000"2
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"Mr President, there are fundamental points that still require improvement, so we have to send the report back to committee.
The parliamentary passage of this report is not over, therefore.
The initial draft was a bad one. That is what consumers’ associations at national and European level told us. In particular, I have a high opinion of the Asturias Consumers’ Union and its President, the tireless Dacio Alonso.
We have managed to have the old Article 4’s general principle of the maximum possible harmonisation reconsidered. We must state very loudly that establishing the maximum possible harmonisation across the Member States would reduce the protection of many consumers, since in many countries there is a greater tradition of protecting consumer rights.
In any case, I should like to stress that it is essential to ensure that the list of unfair contract terms not be exhaustive, meaning that each Member State could increase the number of clauses that it considers unacceptable and invalid in contracts with consumers; that the burden of proof be reversed so that it becomes the trader that has to demonstrate that terms outside the norm have been negotiated individually; and that contract terms be expressed in a clear and comprehensible way.
We remain opposed to the establishment of the maximum possible harmonisation as regards unfair terms.
Eurobarometer indicates that 79% of traders believe that full harmonisation in this field will have little or no effect on their foreign activities."@en1
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