Consumer Protection (Unfair Trading) Act 2008 (Gibraltar)

Consumer Protection (Unfair Trading) Act 2008

Published: 2008-11-13

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Consumer Protection (Unfair Trading)

2008-18

CONSUMER PROTECTION (UNFAIR TRADING)

ACT 2008

Principal Act

Act. No. 2008-18 Commencement 13.11.2008

Assent 11.11.2008

Amending

enactments

Relevant current

provisions

Commencement

date

LN. 2013/176 ss. 2, 14A & Sch. 13.6.2014

English sources:

None cited

EU Legislation/International Agreements involved:

Directive 85/577/EEC

Directive 90/314/EEC

Directive 92/49/EEC

Directive 93/13/EEC

Directive 94/47/EC

Directive 97/7/EC

Directive 98/6/EC

Directive 98/7/EC

Directive 1999/44/EC

Directive 2001/107/EC

Directive 2002/65/EC

Directive 2002/83/EC

Directive 2002/92/EC

Directive 2003/71/EC

Directive 2004/39/EC

Directive 2005/29/EC

Directive 2011/83/EU

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ARRANGMENT OF SECTIONS

Section

1. Title and commencement.

PART I

INTERPRETATION

2. Interpretation.

PART II

SCOPE OF APPLICATION

3. Application of the Act.

4. Ordinary hyperbole.

PART III

UNFAIR COMMERCIAL PRACTICES

5. Prohibition of unfair commercial practices.

PART IV

MISLEADING COMMERCIAL PRACTICES

6. Misleading actions.

7. Misleading omissions.

PART V

AGGRESSIVE COMMERCIAL PRACTICES

8. Aggressive commercial practices.

9. Use of harassment, coercion and undue influence.

PART VI

CODES OF CONDUCT

10. Codes of conduct.

PART VII

ENFORCEMENT

11. Enforcement by way of injunction.

12. Offences.

13. Powers of investigation.

14. Burden of proof.

14A. Inertia selling.

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PART IX

MISCELLANEOUS

15. Amendment to Misleading and Comparative Advertising Act.

16. Amendment to the Exhibition of Prices Order.

SCHEDULE 1

COMMERCIAL PRACTICES WHICH ARE IN ALL

CIRCUMSTANCES CONSIDERED UNFAIR

SCHEDULE 2

COMMUNITY LAW PROVISIONS SETTING OUT RULES FOR

ADVERTISING AND COMMERCIAL PRACTICES

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Consumer Protection (Unfair Trading)

2008-18

AN ACT TO IMPLEMENT THE PROVISIONS OF DIRECTIVE

2005/29/EC OF THE EUROPEAN PARLIAMENT AND OF THE

COUNCIL OF 11 MAY 2005 CONCERNING UNFAIR BUSINESS-TO-

CONSUMER COMMERCIAL PRACTICES.

Title and commencement.

1. This Act may be cited as the Consumer Protection (Unfair Trading) Act

2008 and comes into operation on the day of publication.

PART I

INTERPRETATION

Interpretation.

2. For the purposes of this Act

“business-to-consumer commercial practices” (hereinafter also referred

to as commercial practices) means any act, omission, course of

conduct or representation, commercial communication including

advertising and marketing, by a trader, directly connected with the

promotion, sale or supply of a service to consumers;

“code of conduct” means an agreement or set of rules not imposed by

law, regulation or administrative provision of Gibraltar or of a

Member State which defines the behaviour of traders who

undertake to be bound by the code in relation to one or more

particular commercial practices or business sectors;

“code owner” means any entity, including a trader or group of traders,

which is responsible for the formulation and revision of a code of

conduct and/or for monitoring compliance with the code by those

who have undertaken to be bound by it;

“consumer” means any natural person who, in commercial practices

covered by this Act, is acting for purposes which are outside his

trade, business, craft or profession;

“Consumer Officer” means the person appointed under section 11 of this

Act;

“the Directive” means Directive 2005/29 of the European Parliament and

of the Council of 11 May 2005 concerning unfair business-to-

consumer commercial practices;

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2008-18

“goods” means any tangible moveable items, with the exception of items

sold by way of execution or otherwise by authority of law, and

water, gas and electricity shall be considered as goods within the

meaning of this Directive where they are put up for sale in a limited

volume or a set quantity;

“invitation to purchase” means a commercial communication which

indicates characteristics of the service and the price in a way

appropriate to the means of the commercial communication used

and thereby enables the consumer to make a purchase;

“to materially distort the economic behaviour of consumers” means using

a commercial practice to appreciably impair the consumer's ability

to make an informed decision, thereby causing the consumer to

take a transactional decision that he would not have taken

otherwise;

“the Minister” means the minister with responsibility for consumer

affairs;

“professional diligence” means the standard of special skill and care

which a trader may reasonably be expected to exercise towards

consumers, commensurate with honest market practice and/or the

general principle of good faith in the trader's field of activity;

“qualified entity” means any body or organisation entitled to seek an

injunction in a Member State for the purposes of consumer

protection under Directive 98/27/EC of the European Parliament

and of the Council of 19 May 1998 on injunctions for the protection

of consumers' interests;

“regulated profession” means a professional activity or a group of

professional activities, access to which or the pursuit of which, or

one of the modes of pursuing which, is conditional, directly or

indirectly, upon possession of specific professional qualifications,

pursuant to laws, regulations or administrative provisions;

“a service” includes, but is not limited to, a service with respect to

immovable property, rights and obligations;

“trader” means any natural or legal person who, in commercial practices

covered by this Act, is acting for purposes relating to his trade,

business, craft or profession and anyone acting in the name of or on

behalf of a trader;

“transactional decision” means any decision taken by a consumer

concerning whether, how and on what terms to purchase, make

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payment in whole or in part for, retain or dispose of a service or to

exercise a contractual right in relation to the service, whether the

consumer decides to act or to refrain from acting;

“undue influence” means exploiting a position of power in relation to the

consumer so as to apply pressure, even without using or threatening

to use physical force, in a way which significantly limits the

consumer's ability to make an informed decision.

PART II

SCOPE OF APPLICATION

Application of the Act.

3.(1) This Act shall apply to unfair business-to-consumer commercial

practices, as laid down in section 5, before, during and after a commercial

transaction in relation to a service.

(2) This Act is without prejudice to contract law and, in particular, to the

rules on the validity, formation or effect of a contract.

(3) This Act is without prejudice to any rules of law relating to health and

safety.

(4) In the case of conflict between the provisions of this Act and any rules

of law applicable in Gibraltar regulating specific aspects of unfair

commercial practices, the latter shall prevail and apply to those specific

aspects.

(5) This Act is without prejudice to any conditions of establishment or of

authorisation regimes, or to codes of conduct or other specific rules

governing regulated professions in order to uphold high standards of

integrity on the part of the professional.

(6) In relation to “financial services”, as defined in Directive 2002/65/EC

of the European Parliament and of the Council of 23 September 2002

concerning the distance marketing of consumer financial services and

amending Council Directive 90/619/EEC and Directives 97/7/EC and

98/27/EC, and immovable property, this Act is without prejudice to any

more restrictive laws protecting consumers in those sectors.

(7) This Act shall not apply to the laws, regulations and administrative

provisions relating to the certification and indication of the standard of

fineness of articles of precious metal.

Ordinary hyperbole.

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4. This Act is without prejudice to the common and legitimate advertising

practice of making exaggerated statements or statements which are not

meant to be taken literally.

PART III

UNFAIR COMMERCIAL PRACTICES

Prohibition of unfair commercial practices.

5.(1) Unfair commercial practices shall be prohibited.

(2) A commercial practice shall be unfair if

(a) it is contrary to the requirements of professional diligence; and

(b) it materially distorts or is likely to materially distort the

economic behaviour with regard to the service of the average

consumer whom it reaches or to whom it is addressed, or of the

average member of the group when a commercial practice is

directed to a particular group of consumers.

(3) Commercial practices which are likely to materially distort the

economic behaviour only of a clearly identifiable group of consumers who

are particularly vulnerable to the practice or the underlying service because

of their mental or physical infirmity, age or credulity in a way which the

trader could reasonably be expected to foresee, shall be assessed from the

perspective of the average member of that group.

(4) In particular, commercial practices shall be unfair if they

(a) are misleading as set out in section 6 and 7; or

(b) are aggressive as set out in sections 8 and 9.

(5) Schedule 1 to this Act contains the list of those commercial practices

which shall in all circumstances be regarded as unfair.

PART IV

MISLEADING COMMERCIAL PRACTICES

Misleading actions.

6.(1) A commercial practice shall be regarded as misleading if it contains

false information and is therefore untruthful or in any way, including overall

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presentation, deceives or is likely to deceive the average consumer, even if

the information is factually correct, in relation to one or more of the

following elements, and in either case causes or is likely to cause the

average consumer to take a transactional decision that he would not have

taken otherwise

(a) the existence or nature of the service;

(b) the main characteristics of the service, such as its availability,

benefits, risks, execution, after-sale customer service and

complaint handling, method and date of provision, delivery,

fitness for purpose, usage, quantity, specification, geographical

or commercial origin or the results to be expected from its use;

commercial practice and the nature of the sales process, any

statement or symbol in relation to direct or indirect sponsorship

or approval of the trader or the service;

(d) the price or the manner in which the price is calculated, or the

existence of a specific price advantage;

(e) the nature, attributes and rights of the trader or his agent, such

as his identity and assets, his qualifications, status, approval,

affiliation or connection and ownership of industrial,

commercial or intellectual property rights or his awards and

distinctions;

(f) the risks the consumer may face.

(2) A commercial practice shall also be regarded as misleading if, in its

factual context, taking account of all its features and circumstances, it causes

or is likely to cause the average consumer to take a transactional decision

that he would not have taken otherwise, and it involves

(a) any marketing of a service, including comparative advertising,

which creates confusion with any services, trade marks, trade

names or other distinguishing marks of a competitor; or

(b) non-compliance by the trader with commitments contained in

codes of conduct by which the trader has undertaken to be

bound, where

(i) the commitment is not aspirational but is firm and is

capable of being verified; and

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(ii) the trader indicates in a commercial practice that he is

bound by the code.

Misleading omissions.

7.(1) A commercial practice shall be regarded as misleading if, in its factual

context, taking account of all its features and circumstances and the

limitations of the communication medium, it omits material information that

the average consumer needs, according to the context, to take an informed

transactional decision and thereby causes or is likely to cause the average

consumer to take a transactional decision that he would not have taken

otherwise.

(2) It shall also be regarded as a misleading omission when, taking account

of the matters described in subsection (1), a trader hides or provides in an

unclear, unintelligible, ambiguous or untimely manner such material

information as referred to in that subsection or fails to identify the

commercial intent of the commercial practice if not already apparent from

the context, and where, in either case, this causes or is likely to cause the

average consumer to take a transactional decision that he would not have

taken otherwise.

(3) Where the medium used to communicate the commercial practice

imposes limitations of space or time, these limitations and any measures

taken by the trader to make the information available to consumers by other

means shall be taken into account in deciding whether information has been

omitted.

(4) In the case of an invitation to purchase, the following information shall

be regarded as material, if not already apparent from the context

(a) the main characteristics of the service, to an extent appropriate

to the medium and the service;

(b) the geographical address and the identity of the trader, such as

his trading name and, where applicable, the geographical

address and the identity of the trader on whose behalf he is

acting;

means that the price cannot reasonably be calculated in

advance, the manner in which the price is calculated, as well

as, where appropriate, all additional charges or, where these

charges cannot reasonably be calculated in advance, the fact

that additional charges may be payable;

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(d) the arrangements for payment, delivery, performance and the

complaint handling policy, if they depart from the requirements

of professional diligence; and

(e) for services and transactions involving a right of withdrawal or

cancellation, the existence of such a right.

(5) Information requirements established by Community law measures in

relation to commercial communication including advertising or marketing

shall be regarded as material for the purposes of this Act, and liability under

this Act shall be concurrent with any liability under such Community law

measures as are incorporated into the law of Gibraltar.

(6) Schedule 2 to this Act sets out a non-exhaustive list of Community law

measures relevant to subsection (5).

PART V

AGGRESSIVE COMMERCIAL PRACTICES

Aggressive commercial practices.

8. A commercial practice shall be regarded as aggressive if, in its factual

context, taking account of all its features and circumstances, by harassment,

coercion, including the use of physical force, or undue influence, it

significantly impairs or is likely to significantly impair the average

consumer's freedom of choice or conduct with regard to the service and

thereby causes him or is likely to cause him to take a transactional decision

that he would not have taken otherwise.

Use of harassment, coercion and undue influence.

9. In determining whether a commercial practice uses harassment, coercion,

including the use of physical force, or undue influence, account shall be

taken of

(a) its timing, location, nature or persistence;

(b) the use of threatening or abusive language or behaviour;

circumstance of such gravity as to impair the consumer’s

judgement, of which the trader is aware, to influence the

consumer’s decision with regard to the service;

(d) any onerous or disproportionate non-contractual barriers

imposed by the trader where a consumer wishes to exercise

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rights under the contract, including rights to terminate a

contract or to switch to another service or another trader; and

(e) any threat to take any action that cannot legally be taken.

PART VI

CODES OF CONDUCT

Codes of conduct.

10.(1) The Consumer Officer may encourage control of unfair commercial

practices by code owners and by recourse to such control bodies.

(2) Recourse to such control bodies shall never be deemed the equivalent

of foregoing a means of judicial or administrative recourse as provided for

in Part VII of this Act.

PART VII

ENFORCEMENT

Enforcement by way of injunction.

11.(1) The Minister may appoint by notice in the Gazette a Consumer

Officer to administer the provisions of this Act.

(2) It shall be the duty of the Consumer Officer to consider any complaint

made to him that a commercial practice is contrary to the provisions of this

Act, unless–

(a) the complaint appears to the Consumer Officer to be frivolous

or vexatious; or

(b) a person appointed under subsection (3) has notified the

Consumer Officer that he agrees to consider the complaint.

(3) Without prejudice to subsection (1), the Minister shall designate by

notice in the Gazette, such persons or groups of persons who may apply to

him for designation and who, in the Minister’s opinion, have as their sole or

principal aim the promotion of interests of consumers.

(4) If a person designated under subsection (3) notifies the Consumer

Officer that he agrees to consider a complaint that a commercial practice is

contrary to the provisions of this Act, he shall be under a duty to consider

that complaint.

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(5) The following persons or bodies may apply for an injunction against

any person appearing to them to be using, or recommending use of, practices

contrary to the provisions of this Act

(a) the Consumer Officer;

(b) subject to subsection (6), a person designated under subsection

(3); or

(6) A person designated under subsection (3) may take action only where–

(a) he has notified the Consumer Officer of his intention to apply

at least fourteen days before the date on which the application

is made, beginning with the date on which the notification was

given; or

(b) the Consumer Officer consents to the application being made

within a shorter period.

(7) The court may, on an application for an injunction, grant an injunction

or such other order on such terms as it thinks fit: without prejudice to the

generality of the foregoing, the court may direct the person responsible for

any commercial practice found to be contrary to the provisions of this Act–

(a) to publish all or any part of the decision of the court;

(b) to publish a corrective statement,

in such form and manner, and to such persons, as the court, in its discretion,

may see fit.

(8) The Consumer Officer or, subject to subsection (6), a person

designated under subsection (3)

(a) may, if he considers it appropriate to do so, have regard to any

undertakings given to him or to the Minister by or on behalf of

any person as to the continuation of such a commercial

practice;

(b) shall give reasons for his decision to bring or not to bring

proceedings, as the case may be, for an injunction in relation to

any complaint which this Act requires him to consider.

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(9) Notwithstanding a decision not to bring proceedings for an injunction

under subsection (8)(b), any person may bring such proceedings in his own

name.

(10) An injunction or other order may relate not only to a particular

commercial practice but to any similar practices having like effect, used,

recommended or intended to be used by any party to the proceedings.

(11) The Minister may arrange for the dissemination, in such form and

manner as he considers appropriate, of such information and advice

concerning the operation of this Act as may appear to him to be expedient to

give to the public and to all persons likely to be affected by this Act.

Offences.

12.(1) Where the Consumer Officer may bring an application under section

11(5) for an injunction against a person using, or recommending the use of,

commercial practices contrary to the provisions of the Act, the Consumer

Officer may further or alternatively apply to the court to impose a penalty.

(2) An application for a penalty made against a body corporate may also

include an application that a penalty be imposed on an officer of that body.

(3) The court shall only impose a penalty against an officer of a corporate

body, if the relevant practice was

(a) committed with the consent or connivance of an officer of the

body; or

(b) attributable to any neglect on his part.

(4) In subsection (2), the reference to an officer of a body corporate

includes a reference to

(a) a director, manager, secretary, or other similar officer; and

(b) a person purporting to act as a director, manager, secretary or

other similar officer.

(5) The court shall impose such penalty as it believes is fair, just and

reasonable taking into account the scale of the practice, its effect on

consumers, the degree to which the trader had profited from the practice,

and the degree of recklessness, intention or dishonesty, or the lack of the

same by the trader.

(6) The court may impose the following by way of penalties

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(a) a warning;

(b) a fine of up to ten per cent of the trader’s turnover in Gibraltar

or an estimate of the same;

against an officer of a body corporate; or

(d) the removal of, or limitations to, any licence, permission,

authorisation to trade in or from Gibraltar,

and the court may impose a combination of the above where appropriate.

(7) For the avoidance of doubt, the imposition of a penalty under this

section shall be without prejudice to any action taken to enforce stricter and

more restrictive regulations, or greater penalties, in respect of consumer

services supplied in respect of financial services and immovable property,

providing always that any duplication of penalties imposed under this Act

and any other provision of law shall be concurrent and not cumulative.

Powers of investigation.

13.(1) The Consumer Officer and any person employed to assist him shall

have the same powers of search, seizure and entry, questioning and the same

right to apply for warrants from any judicial authority, as a police officer has

in the course of investigating an offence triable on indictment.

(2) The use of all powers conferred by subsection (1) shall be subject to

the same legal restrictions, safeguards and codes of practices as shall from

time to time exist in respect of police investigations into offences triable on

indictment.

(3) The Consumer Officer, or any person employed to assist him, shall

only execute a search warrant where assisted by a police officer.

Burden of proof.

14. Insofar as the accuracy of factual claims in relation to a commercial

practice is in issue, the burden of proof shall be on the trader to prove, on

the balance of probabilities, that the claim was accurate.

Inertia selling.

14A.(1) This section applies where a trader engages in the unfair

commercial practice described in paragraph 29 of Schedule 1 (inertia

selling).

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(2) The consumer is exempted from any obligation to provide

consideration for the products supplied by the trader.

(3) The absence of a response from the consumer following the supply

does not constitute consent to the provision of consideration for, or the

return or safekeeping of, the products.

(4) In the case of an unsolicited supply of goods, the consumer may, as

between the consumer and the trader, use, deal with or dispose of the goods

as if they were an unconditional gift to the consumer.

PART IX

MISCELLANEOUS

Amendment to Misleading and Comparative Advertising Act.

15. Section 4(1)(a) of the Misleading and Comparative Advertising Act,

2001 shall be amended by adding after “this Act” the words “or the

Consumer Protection (Unfair Trading) Act 2008”.

Amendment to the Exhibition of Prices Order.

16. After paragraph 3 of the Exhibition of Prices Order there shall be

inserted

“Order without prejudice to other consumer protection laws.

4. This Order is without prejudice to the requirements of the

Consumer Protection (Unfair Trading) Act 2008, and in

particular the requirements of section 7 thereof.”.

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SCHEDULE 1

Section 5(5)

COMMERCIAL PRACTICES WHICH ARE IN ALL

CIRCUMSTANCES CONSIDERED UNFAIR

Misleading commercial practices.

1. Claiming to be a signatory to a code of conduct when the trader is not.

2. Displaying a trust mark, quality mark or equivalent without having

obtained the necessary authorisation.

3. Claiming that a code of conduct has an endorsement from a public or

other body which it does not have.

4. Claiming that a trader (including his commercial practices) or a service

has been approved, endorsed or authorised by a public or private body when

he/it has not or making such a claim without complying with the terms of

the approval, endorsement or authorisation.

5. Making an invitation to purchase services at a specified price without

disclosing the existence of any reasonable grounds the trader may have for

believing that he will not be able to offer for supply or to procure another

trader to supply, those services or equivalent services at that price for a

period that is, and in quantities that are, reasonable having regard to the

service, the scale of advertising of the service and the price offered (bait

advertising).

6. Making an invitation to purchase services at a specified price and then

(a) refusing to show the advertised service to consumers; or

(b) refusing to take orders for it or provide it within a reasonable

time; or

with the intention of promoting a different service (bait and switch).

7. Falsely stating that a service will only be available for a very limited

time, or that it will only be available on particular terms for a very limited

time, in order to elicit an immediate decision and deprive consumers of

sufficient opportunity or time to make an informed choice.

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8. Undertaking to provide after-sales service to consumers with whom the

trader has communicated prior to a transaction in a language which is not an

official language of the Member State where the trader is located and then

making such service available only in another language without clearly

disclosing this to the consumer before the consumer is committed to the

transaction.

9. Stating or otherwise creating the impression that a service can legally be

provided when it cannot.

10. Presenting rights given to consumers in law as a distinctive feature of

the trader's offer.

11. Using editorial content in the media to promote a service where a trader

has paid for the promotion without making that clear in the content or by

images or sounds clearly identifiable by the consumer (advertorial). This is

without prejudice to Council Directive 89/552/EEC and such legislation as

from time to time implements that Directive, or any successor thereto, in

Gibraltar.

12. Making a materially inaccurate claim concerning the nature and extent

of the risk to the personal security of the consumer or his family if the

consumer does not purchase the service.

13. Promoting a service similar to a service provided by a particular

supplier in such a manner as deliberately to mislead the consumer into

believing that the service is made by that same supplier when it is not.

14. Establishing, operating or promoting a pyramid promotional scheme

where a consumer gives consideration for the opportunity to receive

compensation that is derived primarily from the introduction of other

consumers into the scheme rather than from the sale or consumption of

services.

15. Claiming that the trader is about to cease trading or move premises

when he is not.

16. Claiming that services are able to facilitate winning in games of chance.

17. Falsely claiming that a service is able to cure illnesses, dysfunction or

malformations.

18. Passing on materially inaccurate information on market conditions or on

the possibility of finding the service with the intention of inducing the

consumer to acquire the service at conditions less favourable than normal

market conditions.

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19. Claiming in a commercial practice to offer a competition or prize

promotion without awarding the prizes described or a reasonable equivalent.

20. Describing a service as “gratis”, “free”, “without charge” or similar if

the consumer has to pay anything other than the unavoidable cost of

responding to the commercial practice and collecting or paying for provision

of the service.

21. Including in marketing material an invoice or similar document seeking

payment which gives the consumer the impression that he has already

ordered the marketed service when he has not.

22. Falsely claiming or creating the impression that the trader is not acting

for purposes relating to his trade, business, craft or profession, or falsely

representing oneself as a consumer.

23. Creating the false impression that after-sales service in relation to a

service is available in a Member State other than the one from which the

service is provided.

Aggressive commercial practices.

24. Creating the impression that the consumer cannot leave the premises

until a contract is formed.

25. Conducting personal visits to the consumer's home ignoring the

consumer's request to leave or not to return except in circumstances and to

the extent justified, under national law, to enforce a contractual obligation.

26. Making persistent and unwanted solicitations by telephone, fax, e-mail

or other remote media except in circumstances and to the extent justified

under the laws of Gibraltar to enforce a contractual obligation. This is

without prejudice to Article 10 of Directive 97/7/EC and Directives

95/46/EC and 2002/58/EC and such legislation as from time to implements

those Directives or any successors thereto.

27. Requiring a consumer who wishes to claim on an insurance policy to

produce documents which could not reasonably be considered relevant as to

whether the claim was valid, or failing systematically to respond to pertinent

correspondence, in order to dissuade a consumer from exercising his

contractual rights.

28. Including in an advertisement a direct exhortation to children to buy

advertised services or persuade their parents or other adults to buy

advertised services for them. This provision is without prejudice to Article

16 of Directive 89/552/EEC on television broadcasting and such legislation

as from time to time implements that Directive or any successor thereto.

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29. Demanding immediate or deferred payment for services supplied by the

trader, but not solicited by the consumer except where the service is a

substitute supplied in conformity with section 14A.

30. Explicitly informing a consumer that if he does not buy the service, the

trader's job or livelihood will be in jeopardy.

31. Creating the false impression that the consumer has already won, will

win, or will on doing a particular act win, a prize or other equivalent benefit,

when in fact either

(a) there is no prize or other equivalent benefit; or

(b) taking any action in relation to claiming the prize or other

equivalent benefit is subject to the consumer paying money or

incurring a cost.

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SCHEDULE 2

Section 7(6)

COMMUNITY LAW PROVISIONS SETTING OUT RULES FOR

ADVERTISING AND COMMERCIAL PRACTICES

1. Articles 4 and 5 of Directive 97/7/EC of the European Parliament and of

the Council of 20 May 1997 on the protection of consumers in respect of

distance contracts.

2. Article 3 of Council Directive 90/314/EEC of 13 June 1990 on package

travel, package holidays and package tours.

3. Article 3(3) of Directive 94/47/EC of the European Parliament and of the

Council of 26 October 1994 on the protection of purchasers in respect of

certain aspects of contracts relating to the purchase of a right to use

immovable properties on a timeshare basis.

4. Article 3(4) of Directive 98/6/EC of the European Parliament and of the

Council of 16 February 1998 on consumer protection in the indication of the

prices of products offered to consumers.

5. Articles 5 and 6 of Directive 2000/31/EC of the European Parliament and

of the Council of 8 June 2000 on certain legal aspects of information society

services, in particular electronic commerce, in the Internal Market (Directive

on electronic commerce).

6. Article 1(d) of Directive 98/7/EC of the European Parliament and of the

Council of 16 February 1998 amending Council Directive 87/102/EEC for

the approximation of the laws, regulations and administrative provisions of

the Member States concerning consumer credit.

7. Articles 3 and 4 of Directive 2002/65/EC of 23 September 2002

concerning the distance marketing of consumer financial services.

8. Article 1(9) of Directive 2001/107/EC of the European Parliament and of

the Council of 21 January 2002 amending Council Directive 85/611/EEC on

the coordination of laws, regulations and administrative provisions relating

to undertakings for collective investment in transferable securities (UCITS)

with a view to regulating management companies and simplified

prospectuses.

9. Articles 12 and 13 of Directive 2002/92/EC of the European Parliament

and of the Council of 9 December 2002 on insurance mediation.

Consumer Protection (Unfair Trading)

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10. Article 36 of Directive 2002/83/EC of the European Parliament and of

the Council of 5 November 2002 concerning life assurance.

11. Article 19 of Directive 2004/39/EC of the European Parliament and of

the Council of 21 April 2004 on markets in financial instruments.

12. Articles 31 and 43 of Council Directive 92/49/EEC of 18 June 1992 on

the coordination of laws, regulations and administrative provisions relating

to direct insurance other than life assurance (third non-life insurance

Directive).

13. Articles 5, 7 and 8 of Directive 2003/71/EC of the European Parliament

and of the Council of 4 November 2003 on the prospectus to be published

when securities are offered to the public or admitted to trading.