Activities of Katrin LANGENSIEPEN 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 (22)
Amendment 37 #
Proposal for a directive
Recital 3
Recital 3
(3) Since at least two out of five online transactions made by consumers residing in the Union are with traders based in third countries, the scope of Directive 2013/11/EU should be extended to allow those third country traders willing to participate in an ADR procedure to do so. No procedural impediments should hinder consumers residing in the Union from resolving disputes against traders, irrespective of their establishment, if the traders accept to follow an ADR procedure through an ADR entity established in a Member State. The consumer should be able to commence a procedure in the Member State where he or she resides.
Amendment 44 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) It should be noted that not all ADR entities have the expertise to deal with non-contractual matters, in particular unfair commercial practices and terms. Therefore, procedures of ADR entities in this area should be limited to unfair commercial practices and terms with a personal scope, and hence only cover matters where a damage or loss, material or immaterial, has occurred to the consumer directly. In addition, only ADR entities that can demonstrate necessary expertise in the relevant area, covering the relevant economic sector in its entirety, such as a sectorial ombudsman, should be empowered to take on such procedures. Moreover, the entity should be able to demonstrate a high level of independence as well as sufficient resources, funding, and capacity and apply the applicable law, not fairness, in such cases. The principle of confidentiality of ADR procedures should not apply in these procedures. At the start of any such procedure, the ADR entity should inform the responsible national consumer protection authority or other relevant market regulators about the unfair practice brought to its attention and should keep them informed on a regular basis until the procedure has been closed.
Amendment 47 #
Proposal for a directive
Recital 10
Recital 10
(10) Member States should ensure that ADR should enable consumer to initiate and follow ADR procedures also offline if requested. It should also be ensured that when digital tools are provided, those can be used by all consumers, including vulnerable consumers or those with varying levels of digital literacy. Members States should ensure that, upon request, parties to the disputes, in particular consumers, always have access to a review of automated procedures by a natural person.
Amendment 52 #
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 10 working days to enquiries made by ADR entities on whether they intend to participate to the proposed procedure.
Amendment 55 #
Proposal for a directive
Recital 14
Recital 14
Amendment 56 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) ADR entities and traders participating in ADR procedures should make best efforts to better promote the possibility of ADR procedures to increase awareness of ADR among consumers. In particular, traders should provide ADR information in a clear, prominent, comprehensible and easily accessible way. Where the trader has a website, it should present the information on it, clearly separated from other information. In addition, traders should also provide information on ADR procedures on their social media channels, where they exist.
Amendment 66 #
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Directive 2013/11/EU
Article 1
Article 1
-1 “Article 1 Subject matter The purpose of this Directive is, through the achievement of a high level of consumer protection, to contribute to the proper functioning of the internal market by ensuring that consumers can, on a voluntary basis, submit complaints against traders to entities offering independent, impartial, transparent, effective, fast and fair alternative dispute resolution procedures. This Directive is without prejudice to national legislation making participation in such procedures mandatory, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system.requires the participation by traders in ADR procedures to be mandatory in the transport and tourism sector. This shall not prevent the involved parties from exercising their right of access to the judicial system. This Directive is without prejudice to national legislation making participation in such procedures mandatory, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system. Where under national legislation the participation in such procedures is voluntary, Member States shall require traders that choose not to participate to explain their reasons for that choice, and to make their explanation publicly available.”
Amendment 72 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2013/11/EU
Article 2 para 1
Article 2 para 1
(i) unfair commercial practices and terms, where a damage or loss (material or immaterial) has occurred to the consumer directly
Amendment 79 #
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)
ADR entities shall only be empowered to offer to start a procedure under sub-point (b) (i) if all of the following criteria are fulfilled: (a) the entity can demonstrate necessary expertise in the relevant area, covering the relevant economic sector in its entirety; (b) the entity can demonstrate a high level of independence as well as sufficient resources, funding, and capacity; (c) the entity applies applicable law and not fairness when dealing with unfair commercial practices. The principle of confidentiality of ADR procedures shall not apply in these procedures. At the start of any such procedure, the ADR entity shall inform the responsible national consumer protection authority or other relevant market regulators about the unfair practice brought to its attention and shall keep them informed on a regular basis until the procedure has been closed.
Amendment 91 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2013/11/EU
Article 5 paragraph 2, point (a a) new
Article 5 paragraph 2, point (a a) new
(aa) ensure that the consumer can submit complaints in the country where he or she resides;
Amendment 93 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2013/11/EU
Article 5 – paragraph 2, point c
Article 5 – paragraph 2, point c
Amendment 97 #
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 210 working days. In case the trader does not respond within the given timeframe it shall be deemed as tacit consent by the trader to commence with the ADR procedure.
Amendment 100 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2013/11/EU
Article 6 –paragraph 1, point a
Article 6 –paragraph 1, point a
3a. Article 6 paragraph 1, point a : "Article 6 Expertise, independence and impartiality 1. Member States shall ensure that the natural persons in charge of ADR possess the necessary expertise and are independent and impartial. This shall be guaranteed by ensuring that such persons: (a) possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes, as well as a general understanding of law; and possess expertise, in particular in private international law, when dealing with cross-border cases"
Amendment 101 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d a (new)
Article 1 – paragraph 1 – point 3 – point d a (new)
Directive 2013/11/EU
Article 6 – paragraph 3 – point (a)
Article 6 – paragraph 3 – point (a)
Amendment 105 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2013/11/EU
Article 7 – paragraph 2
Article 7 – paragraph 2
Member States shall ensure that ADR entities make publicly available on their websites, on a durable medium upon request, and by any other means they consider appropriate, bieanniual activity reports.
Amendment 106 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive 2013/11/EU
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 108 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2013/11/EU
Article 13 – paragraph 2
Article 13 – paragraph 2
4a. Article 13 - paragraph 2 “2. The information referred to in paragraph 1 shall be provided in a clear, comprehensible and easily accessible way on the traders’ website, and social media channels, where onethey exists, and, if applicable, in the general terms and conditions of sales or service contracts between the trader and a consumer.”
Amendment 109 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2013/11/EU
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 120 #
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 18
Article 18
6a. “Article 18 Designation of competent authorities 1. Each Member State shall designate a competent authority which shall carry out the functions set out in Articles 19 and 20. Each Member State may designate more than one competent authority. If a Member State does so, it shall determine which of the competent authorities designated is the single point of contact for the Commission. Each Member State shall communicate the competent authority or, where appropriate, the competent authorities, including the single point of contact it has designated, to the Commission. 2. The Commission shall establish a list of the competent authorities including, where appropriate, the single point of contact communicated to it in accordance with paragraph 1, and publish that list in the Official Journal of the European Union. 3. Member States should ensure that competent authorities have the necessary resources and capacity to perform their tasks and duties. 4. The natural persons working for competent authorities should be impartial and independent from the ADR entities that they supervise.”
Amendment 121 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/11/EU
Article 19
Article 19
Amendment 122 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2013/11/EU
Article 20 – paragraph 2
Article 20 – paragraph 2
7a. “2. Each competent authority shall, on the basis of the assessment referred to in paragraph 1, list all the ADR entities that have been notified to it and fulfil the conditions set out in paragraph 1. That list shall include the following: (a) the name, the contact details and the website addresses of the ADR entities referred to in the first subparagraph; (b) their fees, if applicable; (c) the language or languages in which complaints can be submitted and the ADR procedure conducted; (d) the types of disputes covered by the ADR procedure; (e) the sectors and categories of disputes covered by each ADR entity; (f) the need for the physical presence of the parties or of their representatives, if applicable, including a statement by the ADR entity on whether the ADR procedure is or can be conducted as an oral or a written procedure; (g) the binding or non-binding nature of the outcome of the procedure; and (h) the grounds on which the ADR entity may refuse to deal with a given dispute in accordance with Article 5(4). Each competent authority shall notify the list referred to in the first subparagraph of this paragraph to the Commission. If any changes are notified to the competent authority in accordance with the second subparagraph of Article 19(1), that list shall be updated without undue delay and the relevant information notified to the Commission. Competent Authorities shall conduct regular checks into the functioning and activities of the certified ADR entities to monitor compliance with the requirements of this regulation. If a dispute resolution entity listed as ADR entity under this Directive no longer complies with the requirements referred to in paragraph 1, the competent authority concerned shall contact that dispute resolution entity, stating the requirements the dispute resolution entity fails to comply with and requesting it to ensure compliance immediately. If the dispute resolution entity after a period of three months still does not fulfil the requirements referred to in paragraph 1, the competent authority shall remove the dispute resolution entity from the list referred to in the first subparagraph of this paragraph. That list shall be updated without undue delay and the relevant information notified to the Commission.”
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new)
Article 1 – paragraph 1 – point 7 b (new)
Directive 2013/11/EU
Article 20 – paragraph 6
Article 20 – paragraph 6
7b. “6. By 9 July 2018, and every fourtwo years thereafter, each competent authority shall publish and send to the Commission a report on the development and functioning of ADR entities. That report shall in particular: (a) identify best practices of ADR entities; (b) point out the shortcomings, supported by statistics, that hinder the functioning of ADR entities for both domestic and cross- border disputes, where appropriate; (c) make recommendations on how to improve the effective and efficient functioning of ADR entities, where appropriate. Competent Authorities shall make publicly available a summary of the reports summarising their activities and recommendations to ADR entities.”