24 Amendments of Wim van de CAMP related to 2011/0373(COD)
Amendment 124 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and 169 thereof,
Amendment 125 #
Draft legislative resolution
Citation 2
Citation 2
– having regard to Article 294(2) and Articles 114 and 169 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7- 0454/2011),
Amendment 126 #
Proposal for a directive
Recital 1
Recital 1
(1) Article 169(1) and Article 169(2)(a) of the Treaty on the Functioning of the European Union (TFEU) provide that the Union is to contribute to the attainment of a high level of consumer protection through the measures adopted, inter alia through the measures adopted pursuant to Article 114 thereof. Article 38 of the Charter of Fundamental Rights of the European Union provides that Union policies shall ensure a high level of consumer protection.
Amendment 128 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) For a better functioning and completion of the internal market it is essential to improve citizens' trust in it, in particular by clarifying consumer's rights and remedies.
Amendment 129 #
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2 b) Guaranteeing access to simple, efficient, expedient and low-cost ways of resolving cross-border disputes which arise from the sale of goods or the provision of services should benefit consumers and therefore boost their confidence in the market. This applies to offline as well as to online transactions.
Amendment 132 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) The inconsistent coverage, quality and awareness of ADR mechanisms of Member States, dealing with cross-border transactions, requires action at Union level. This directive should establish minimum standards for the quality of ADR entities. It should not prevent Member States from adopting or maintaining rules that go beyond what is provided for in this Directive.
Amendment 133 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3 b) In order for consumers to fully exploit the potential of the internal market, ADR should be available for all types of cross-border disputes covered by this Directive, ADR procedures should adhere to consistent minimum quality standards throughout the Union, and consumers and traders should be aware of the existence of such procedures. Due to increased cross-border trade and movement of persons, it is also important that ADR entities handle crossborder disputes effectively.
Amendment 163 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) The impartiality and integrity of ADR entities is crucial to gain European citizens' trust that ADR mechanisms will offer them a fair and independent outcome.
Amendment 182 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21 a) An agreement between a consumer and a trader to submit complaints to an ADR entity should not deprive the consumer or the trader of their rights to seek redress before the courts. In the case of ADR entities which impose solutions, the solutions should only be binding on the parties if they were informed of their binding nature in advance and the parties specifically accepted this.
Amendment 188 #
Proposal for a directive
Recital 21 b (new)
Recital 21 b (new)
(21 b) In the case of ADR procedures which impose binding solutions, consumers should be afforded at least the same level of protection as the one laid down by the mandatory provisions applicable under the law of the Member State in the territory of which the ADR entity is established, as well as the protection laid down by the mandatory provisions applicable under the law of the Member State in which the consumer has his habitual residence.
Amendment 192 #
Proposal for a directive
Recital 21 c (new)
Recital 21 c (new)
(21 c) In order to be sustainable and function efficiently, ADR entities should receive appropriate funding to carry out their activities. They should preferably be funded by private funds.
Amendment 199 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23 a) Member States should facilitate consumer and business organisations' representatives when establishing the ADR system and in the governance of the scheme, in particular in relation to the principles of impartiality and independence.
Amendment 221 #
Proposal for a directive
Article 1
Article 1
This Directive is to contribute to the functioning of the internal market and to the achievement of a high level of consumer protection by ensuring that disputes between consumers and traders can be submitted to entities offering impartial, transparent, effective and fair alternative dispute resolution procedures, realising that ADR remains voluntary and successful submission will remain dependent of the willingness of the parties to agree on engagement to ADR.
Amendment 225 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to procedures for the out-of-court resolution of cross- border contractual disputes arising from the sale of goods or provision of services by a trader established in the Union to a consumer resident in the Union 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, hereinafter ‘ADR procedures’.
Amendment 240 #
Proposal for a directive
Article 2 – paragraph 2 – paragraph 2 a (new)
Article 2 – paragraph 2 – paragraph 2 a (new)
2 a. This Directive does not prevent Member States from adopting or maintaining rules that go beyond what is provided for in this Directive.
Amendment 252 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensurfacilitate access by consumers to ADR procedures and shall promote that disputes covered by this Directive can be submitted to an ADR entityies which compliesy with the requirementsquality criteria set out in this Directive if both the trader and the consumer agree to do so.
Amendment 255 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensurpromote that disputes covered by this Directive can be submitted to an ADR entity which complies with the requirements set out in this Directive, realising that ADR remains voluntary and successful submission will remain dependent of the willingness of the parties to agree on engagement to ADR.
Amendment 262 #
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) accept both, domestic and cross-border disputes, including disputes covered by Regulation (EU) No [Office of Publications insert reference number] of the European Parliament and of the Council of [Office of Publications insert date of adoption] on online dispute resolution for consumer disputes (Regulation on consumer ODR) ; and
Amendment 269 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. Consumers can submit their complaint to ADR, only if they first have submitted their complaint to the trader.
Amendment 300 #
Proposal for a directive
Article 7 – paragraph 1 – point k a (new)
Article 7 – paragraph 1 – point k a (new)
(k a) the binding nature of the ADR decision, if relevant.
Amendment 353 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9 a Liberty 1. Member States shall ensure that the decision taken by the ADR entity shall be binding on the parties only if they were informed of its binding nature in advance and specifically accepted this. 2. Member States shall ensure that notwithstanding the acceptance by the trader and the consumer of the binding nature of a decision taken by the ADR entity, both parties will retain their right to seek redress before the courts.
Amendment 358 #
Proposal for a directive
Article 9 b (new)
Article 9 b (new)
Amendment 365 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that traders established on their territories inform consumers about the ADR entities by which they are covered and which are competent to deal with potential disputes between themselves and consumers. Such information shall include the addresses of the relevant ADR entities' websites and specify whether or not the trader commits to use these entities to resolve disputes with consumers.
Amendment 399 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions, or arrangements of self- regulation, necessary to comply with this Directive by [Office of Publications insert date: 18 months after entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.