Activities of Dita CHARANZOVÁ related to 2023/0376(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828
Amendments (17)
Amendment 39 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The notable increase in electronic commerce transactions involving EU traders and non-EU traders, coupled with a corresponding surge in instances of unfair practices, has a significant impact on the consumers' ability to autonomously and informedly exercise their choices or decisions. These unfair practices pose a threat to consumer trust in online marketplaces and exploit vulnerabilities in consumer behaviour. As a result, efficient mechanisms should be required to protect consumers from increasingly complex disputes. Consumers should have the possibility to signal unfair commercial practices to ADR entities and ADR entities should be able to deal with these unfair practices under strict conditions.
Amendment 51 #
Proposal for a directive
Recital 13
Recital 13
(13) Under Directive 2013/11/EU, Member States may introduce national legislation to make trader participation in ADR compulsory in sectors they deem fit, in addition to sector-specific Union legislation which provides for mandatory participation of traders in ADR. To encourage traders’ participation in the ADR procedures and to ensure due and swift ADR procedures, traders should be required, especially in cases where their participation is not compulsory, to respond within a specific period not exceeding 15 working days to enquiries made by ADR entities on whether they intend to participate to the proposed procedure. The procedure may continue to be handled by the ADR entity if the trader fails to reply or chooses not to participate. However, an extension of this deadline could be granted for complex disputes or as a result of exceptional circumstances, such as a period of high activity or of external crisis.
Amendment 57 #
Proposal for a directive
Recital 14 b (new)
Recital 14 b (new)
(14b) For the effective operation of ADR entities, Member States shall ensure public funding when industries bear almost all costs, mitigating financial strain risks and preserving ADR efficacy, thereby striking a balance between industry responsibility and public support for a well-functioning and efficient ADR framework across the EU.
Amendment 59 #
Proposal for a directive
Recital 15
Recital 15
(15) To provide effective assistance to consumers and traders in cross-border disputes, it is necessary to ensure that Member States establish ADR contact points with clearly defined tasks. European Consumer Centres (“ECCs”) are well placed to perform such tasks, as they are specialised in assisting consumers with issues with their cross-border purchases, but Member States should also be able to choose other bodies with relevant expertise. Those designated ADR contact points should be communicated to the CommissionMember States should communicate those ADR contact points to the Commission and should ensure that they have adequate budgetary and human resources.
Amendment 60 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) To ensure procedural fairness, consumers engaging in cross-border disputes shall engage with the ADR contact point determined by the consumer’s location, thereby discouraging selective choice of ADR contact points for convenience or advantageous outcomes. Nevertheless, ADR entities should have the possibility of maintaining or introducing, in accordance with the laws of the Member State in which they are established, procedural rules that allow them to refuse to deal with this type of disputes in specific circumstances, for example where a dispute is too complex, or where the ADR entities do not have the necessary resources to deal with this type of disputes.
Amendment 61 #
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15b) In cross-border disputes, ADR entities should use Union law as a point of reference for the resolution of the disputes. Nevertheless, in both domestic and cross-border disputes, ADR entities should always take into account the remedies available by the Union and the applicable national law.
Amendment 62 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) ADR entities sometimes choose to deviate from strict legal provisions in order to base their decisions on fairness principles. This implies that ADR entities could opt for solutions that, in their judgment, align with a sense of what is morally or ethically right in a particular situation, diverging from a strict adherence to legal statutes. However, the use of fairness principles should not be acceptable when it comes to unfair commercial practices, which are not subject to compromises or mediated outcomes as they touch upon public order and the fundamentals of consumer protection.
Amendment 64 #
Proposal for a directive
Recital 17
Recital 17
(17) To ensure that consumers are able to easily find a suitable ADR entity, especially in a cross-border context, the Commission should develop and maintain a digital interactive tool that provides information about ADR entities’ main characteristics and links to the webpages of the ADR entities, as notified to it, directing consumers to a competent body to resolve their disputes.
Amendment 80 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2013/11/EU
Article 2 – paragraph 1 – subparagraph 2 a (new)
Article 2 – paragraph 1 – subparagraph 2 a (new)
Member States shall only authorise a consumer ADR entity to deal with unfair commercial practices under the following conditions: (i) the ADR entity shall be a sectorial coverage entity with relevant knowledge on unfair commercial practices; (ii) the ADR entity shall have adequate resources, funding and capacity; and (iii) the unfair practice resulted in a material or immaterial loss to the consumer;
Amendment 81 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – introductory part2013/11/EU Art. 4(1)
Article 1 – paragraph 1 – point 2 – introductory part2013/11/EU Art. 4(1)
2. In Article 4(1), the following point (fa) is added and points (e) and (f) are replaced replaced by the following:
Amendment 84 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/11/EU
Article 4 – paragraph 1 – point (fa) (new)
Article 4 – paragraph 1 – point (fa) (new)
(fa) “Unfair commercial practice” means any misleading commercial practice as defined in Annex I of Directive 2005/29/EC.
Amendment 87 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a a (new)
Article 1 – paragraph 1 – point 3 – point a a (new)
Directive 2013/11/EU
Article 5 – paragraph 1a (new)
Article 5 – paragraph 1a (new)
(aa) the following paragraph (1a) is added: 1a. Non-EU traders shall adhere to at least one consumer ADR entity in each of the countries in which they sell their products or provide their services.
Amendment 96 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Directive 2013/11/EU
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Member States shall ensure that traders established in their territories that are contacted by an ADR entity from their country or from another Member State, inform that ADR entity whether, or not, they accept to participate in the proposed procedure and reply within a reasonable period of time that shall not exceed 2015 working days. The procedure may continue to be handled by the ADR entity if the trader fails to reply or chooses not to participate. However, an extension of this deadline, not exceeding 30 working days, may be granted for complex disputes or as a result of exceptional circumstances, such as a period of high activity or of external crisis.
Amendment 111 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2013/11/EU
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Each Member State shall designate an ADR contact point in charge of the task referred to in paragraph 1. Each Member State shall communicate the name and contact details of its ADR contact point to the Commission. Member States shall confer responsibility for the operation of the ADR contact points on their centre belonging to the European Consumer Centres Network, or, if not possible, on consumer organisations or on any other body dealing with consumer protection and ensure that they have adequate budgetary and human resources.
Amendment 112 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2013/11/EU
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Consumers and traders engaged in cross-border disputes shall use the ADR contact point assigned based on the consumer’s location.
Amendment 117 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2013/11/EU
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. When dealing with unfair commercial practices, the ADR entity shall only apply national law, European law or any other legal precedent from its Member State.
Amendment 119 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2013/11/EU
Article 17 – paragraph 5 (new)
Article 17 – paragraph 5 (new)
6a. In Article 17, the following paragraph 5 is added: “5. In case of an unfair commercial practice is brought to the attention of the ADR entity by a consumer, the principle of confidentiality shall not apply and the consumer ADR entity shall inform the competent national authority if there are serious suspicions that such a practice has occurred.”