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Directive (EU) 2019/2161 of the European Parliament and of the CouncilShow full title

Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (Text with EEA relevance)

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Article 2Amendments to Directive 98/6/EC

Directive 98/6/EC is amended as follows:

(1)

the following article is inserted:

Article 6a

1.Any announcement of a price reduction shall indicate the prior price applied by the trader for a determined period of time prior to the application of the price reduction.

2.The prior price means the lowest price applied by the trader during a period of time not shorter than 30 days prior to the application of the price reduction.

3.Member States may provide for different rules for goods which are liable to deteriorate or expire rapidly.

4.Where the product has been on the market for less than 30 days, Member States may also provide for a shorter period of time than the period specified in paragraph 2.

5.Member States may provide that, when the price reduction is progressively increased, the prior price is the price without the price reduction before the first application of the price reduction.;

(2)

Article 8 is replaced by the following:

Article 8

1.Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

2.Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate:

(a)

the nature, gravity, scale and duration of the infringement;

(b)

any action taken by the trader to mitigate or remedy the damage suffered by consumers;

(c)

any previous infringements by the trader;

(d)

the financial benefits gained or losses avoided by the trader due to the infringement, if the relevant data are available;

(e)

penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council(1);

(f)

any other aggravating or mitigating factors applicable to the circumstances of the case.

3.Member States shall, by 28 November 2021, notify the Commission of the rules and measures referred to in paragraph 1 and shall notify it, without delay, of any subsequent amendment affecting them..

(1)

Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).’.

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