Activities of Adam BIELAN 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 (15)
Amendment 41 #
Proposal for a directive
Recital 5
Recital 5
Amendment 43 #
Proposal for a directive
Recital 6
Recital 6
Amendment 48 #
Proposal for a directive
Recital 10
Recital 10
(10) Member States should ensure that ADR should enable a consumer and a trader 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 always have access to a review of automated procedures by a natural person.
Amendment 49 #
Proposal for a directive
Recital 11
Recital 11
(11) Member States should also enable ADR entities to bundle similar cases against a specific trader or a specific consumer, to make ADR outcomes consistent for consumers or traders subjected to the same illegal practice, and more cost- efficient for ADR entities and for traders. Consumers should be informed accordingly and should be given the opportunity to refuse from having their dispute bundled.
Amendment 53 #
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,encouraged to respond within a specific period to enquiries made by ADR entities on whether they intend to participate to the proposed procedure.
Amendment 65 #
Proposal for a directive
Recital 17
Recital 17
(17) To ensure that consumers and traders 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.
Amendment 67 #
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Directive 2013/11/UE
Article 1
Article 1
-1. Article 1 is replaced by following: “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 and traders can, on a voluntary basis, submit complaints against consumers and 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.”
Amendment 68 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2013/11/EU
Article 2 – paragraph 1
Article 2 – paragraph 1
Member States may apply the ADR procedures set out in this Directive, also to categories of disputes other than those listed the first subparagraph, point (ba)..
Amendment 69 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2013/11/EU
Article 2 paragraph 2
Article 2 paragraph 2
Amendment 83 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/11/EU
Article 4(1), point (f)
Article 4(1), point (f)
(f) ‘cross-border dispute’ means a dispute between a consumer and a trader, related to contractual obligations and/or consumer rights provided in Union acts as referred to in article 2(1), where the consumer is resident in a Member State other than the Member State in which the trader is established or where the consumer is resident in a Member State and the trader is established outside of the Union;.
Amendment 85 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2013/11/EU
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall facilitate access by consumers and traders to ADR procedures and shall ensure that disputes covered by this Directive and which involve a trader established on their respective territories, or a trader not established in the territory of any Member State but offering goods or services, including digital content and digital services, to consumers residing in their respective territories, can be submitted to an ADR entity which complies with the requirements set out in this Directive.;
Amendment 90 #
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(2) (a)
Article 5(2) (a)
(a) ensure that consumers and traders can submit complaints and the requisite supporting documents online in a traceable manner and ensure that consumers and traders may also submit and access these documents in a non- digital format upon request;
Amendment 94 #
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(2)(d)
Article 5(2)(d)
(d) may bundle similar cases against one specific trader or one specific consumer into one procedure, under condition that the consumer and the trader concerned isare informed and does not object to that;
Amendment 98 #
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 ensurcourage 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 240 working days..
Amendment 115 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2013/11/EU
Article 14(3) b)
Article 14(3) b)
(b) providing the parties and ADR entities with general information on EU consumerrespective EU rights;