THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Economic and Social Committee [OJ C 317, 23.12.2009, p. 54.],

Having regard to the opinion of the Committee of the Regions [OJ C 200, 25.8.2009, p. 76.],

Acting in accordance with the ordinary legislative procedure [Position of the European Parliament of 23 June 2011 (not yet published in the Official Journal) and decision of the Council of 10 October 2011.],

Whereas:

(1) Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises [OJ L 372, 31.12.1985, p. 31.] and 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 [OJ L 144, 4.6.1997, p. 19.] lay down a number of contractual rights for consumers.