14 Amendments of Louis GRECH related to 2011/0374(COD)
Amendment 90 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The fragmentation of the Single Market impedes efforts to boost competitiveness and growth. Furthermore, the uneven availability, quality and awareness of simple, efficient and low-cost means of resolving disputes arising from the sale of goods or provision of services across the Union constitutes a barrier within the Single Market which undermines consumers' and traders' confidence in shopping and selling across borders.
Amendment 91 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) Realising the potential of online trade would make a substantial contribution to returning the Union to economic growth, but doing so will require the proper integration of the ODR platform and the ADR entities as outlined in [Office of Publications please insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)].
Amendment 106 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Before submitting their dispute to an ADR entity via the ODR platform, consumers should be encouraged by Member States to make every effort to contact the trader via their website, email, or other electronic means as appropriate, with the aim of resolving the dispute amicably.
Amendment 109 #
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation aims at creating an online dispute resolution (‘'ODR’') platform at European level. The Commission should be responsible for the establishment and maintenance of the ODR platform. The ODR platform should take the form of an interactive website offering a single point of entry to consumers and traders seeking to resolve disputes out-of-court which have arisen from a cross-bordern e-commerce transaction. It should allow consumers and traders to submit complaints by filling in an electronic complaint form available in all official languages of the Union and transmit complaints to an alternative dispute resolution (‘'ADR’') entity competent to deal with the dispute concerned. The platform should offer to ADR entities and the parties the possibility of conducting the dispute resolution procedure via the platform.
Amendment 111 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The ODR platform should offer a single point of entry for the out-of-court resolution of online disputes through the ADR entities that seek the out-of-court resolution of a dispute, are established on durable basis, comply with the quality criteria set out in Chapter II of [Office of Publications please insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)], and have been notified to the Commission in accordance with Article 17 (2) of [Office of Publications please insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)].
Amendment 118 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The parties should be able to access the ODR Platform established by this Regulation free of charge, and without being required to be physically present for the procedure. However, both parties may decide that their physical presence is necessary.
Amendment 128 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
The purpose of this Regulation is to contribute to the functioning of the internal market, and in particular its digital dimension, and to the achievement of a high level of consumer protection by providing a platform facilitating the independent, impartial, transparent, effective and fair out-of-court resolution of disputes between consumers and traders online.
Amendment 132 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall apply to the out-of- court resolution of contractual disputes arising from the cross-border online sale of goods or provision of services between consumers and traders through the intervention of an alternative dispute resolution entity complying with Directive which is established on a durable basis, complies with the quality criteria set out in Chapter II of [Office of Publications please insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)], have been notified to the Commission in accordance with Article 17 (2) of [Office of Publications please insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)] and involving the use of a European online dispute resolution platform.
Amendment 135 #
Proposal for a regulation
Article 4 – paragraph 1 – point g – introductory part
Article 4 – paragraph 1 – point g – introductory part
(g) ‘"alternative dispute resolution procedure’" (hereinafter ‘"ADR procedure’") means a procedure for the out-of-court resolution of a, as referred to in Article 2(1) of [Office of Publications please insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)], for the out-of-court resolution of domestic and cross-border contractual disputes through the intervention of a dispute resolution entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution and which complies with the quality criteria set out in Chapter II of [Office of Publications please insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)]; Procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed by or receive any form of remuneration from the trader, direct negotiation between the consumer and the trader, whether represented or not, and attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute shall not be regarded as ADR procedures;
Amendment 145 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Commission shall establish a European online dispute resolution platform, (hereinafter ‘'ODR platform’)'), and provide prominent links to the platform on the Your Europe Portal and other Commission websites offering consumer information, such as the ECC Net website.
Amendment 147 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The ODR platform shall be an interactive website which can be accessed electronically and free of charge in all official languages of the Union. The ODR platform shall be a single point of entry to consumers and traders seeking the out-of- court resolution of disputes covered by this Regulationo submit disputes to the ADR entities notified to the European Commission as outlined in [Office of Publications please insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)].
Amendment 158 #
Proposal for a regulation
Article 5 – paragraph 3 – point f
Article 5 – paragraph 3 – point f
(f) providing a feedback system which allows the parties to express their views on the functioning of the ODR platform and on the ADR entity which has handled their dispute and subsequently making this feedback accessible to assist other parties in choosing an ADR entity for their dispute.
Amendment 255 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) if, following the notification of the dispute to the parties, the parties agree to institute proceedings before the entity, normally accomplish the conclusion of the dispute resolution procedure within 30a timeframe of 90 calendar days from wthen the proceedings have been institutedime when the ADR entity officially opens the procedure. In the case of complex or technical disputes, the ADR entity may extend this time limit in order to guarantee high-quality dispute resolution;
Amendment 264 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The Commission shall establish and maintain a phone helpline on ADR and ODR, which should be accessible in all Member States and shall offer information and any necessary assistance when submitting complaints;