Activities of Raffaele BALDASSARRE related to 2011/0373(COD)
Shadow opinions (1)
OPINION on the proposal for a 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)
Amendments (28)
Amendment 56 #
Proposal for a directive
Recital 3
Recital 3
(3) Alternative dispute resolution offers a simple, fast and low-cost out-of-court solution to disputes between consumers and traders. However, alternative dispute resolution is not yet sufficiently developed across the European Union. Moreover, ADR procedures are currently not available in all Member States or business sectors and quality levels and standards still vary across the Union. In order for consumers to fully exploit its potential, it is necessary that alternative dispute resolution is available for all types of consumer disputes, quality levels of ADR procedures are even and consumers and traders are aware of such procedures. It is also necessary that ADR entities handle cross-border disputes effectively.
Amendment 59 #
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should apply to contractual disputes between consumers and traders that are arising from the sale of goods or provision of services in all economic sectors. This should includeapply to complaints submitted by consumers against traders but also complaints submitted by traders against consumers. This Directive should not apply to disputes between traders; however. This Directive should not apply to disputes between traders or to complaints submitted by traders against consumers. Nonetheless, it should not prevent Member States from adopting or maintaining in force provisions on procedures for the out- of-court resolution of such disputes.
Amendment 62 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
Amendment 63 #
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should not apply to procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader nor, unless the natural person in charge of the dispute resolution is part of a collegiate body composed of an equal number of consumers' interests and of representatives of traders' interests. Subsequently, this directive should not apply to procedures before consumer compliant handling systems operated by the trader. It should not apply to direct negotiations between the parties. Furthermore, it should not apply to attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute.
Amendment 67 #
Proposal for a directive
Recital 17
Recital 17
(17) The natural persons in charge of alternative dispute resolution should only be considered impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute. There is a particular need to ensure the absence of such pressure where ADR entities are financed by one of the parties to the dispute or an organisation of which one of the parties is a member.
Amendment 71 #
Proposal for a directive
Recital 19
Recital 19
(19) ADR procedures should be effective. They should provide for a simple and fast procedure whose duration generally does not exceed 90 days. The ADR entity should be able to extend this time period when the complexity of the dispute in question so demandsich allows completing the procedure within a reasonable time period.
Amendment 73 #
Proposal for a directive
Recital 21
Recital 21
(21) ADR procedures should be fair so that the parties to a dispute are fully informed about their rights and the consequences of the choices they make in the context of an ADR procedure. This should particularly apply to the binding nature of ADR procedures. In ADR procedures which aim at resolving the dispute by imposing a solution, it should be possible to make the solution binding only if the parties are informed of its binding nature in advance and have explicitly agreed to it.
Amendment 75 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
Amendment 77 #
Proposal for a directive
Recital 22
Recital 22
(22) When a dispute arises it is necessary that consumers are able to identify quickly which ADR entities are competent to deal with their complaint and to know whether or not the trader concerned will participate in proceedings submitted to an ADR entity. Traders should therefore provide such information on their main commercial documents and, where they have a website, on their. To this aim, traders who provide the recourse to ADR to resolve disputes with consumers, should inform consumers about the ADR entity or ADR entities by which they are covered. Such information should include the address of the relevant ADR entity or ADR entities' websites. This obligation should be without prejudice to Articles 6(1)(t), 7(1) and 8 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. Article 6(1)(t) of Directive 2011/83/EU stipulates for consumer contracts concluded at a distance or off premises that the trader has to inform the consumer about the possibility of having recourse to an out-of-court complaint and redress mechanism to which the trader is subject, and the methods for having access to it, before the consumer is bound by the contract. Article 7(1) of Directive 2011/83/EU provides that, in the case of off-premises contracts, this information must be provided on paper or, if the consumer agrees, on another durable medium.
Amendment 80 #
Proposal for a directive
Recital 27
Recital 27
(27) In order to ensure that ADR entities function properly and effectively, they should be closely monitored. The Commission and competent authorities under this Directive should publish and update a list of ADR entities that comply with this Directive. Other bodies, such asMember States should ensure that ADR entities, consumer associations, business associations and the European Consumer Centre Network, should also publish this list. In addition, competent authorities should publish regular reports on the development and functioning of ADR entities. ADR entities should notify to competent authorities specific information on which those reports should be based. Member States should encourage ADR entities to provide such information using Commission Recommendation 2010/304/EU on the use of a harmonised methodology for classifying and reporting consumer complaints and enquiries.
Amendment 82 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 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 betweencomplaints can be submitted by consumers andgainst traders can be submitted to entities offering impartial, transparent, effective and fair alternative dispute resolution procedures.
Amendment 84 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader, unless the natural person in charge of the dispute resolution is part of a collegiate body composed of an equal number of consumers' interests and of representatives of traders' interests;
Amendment 85 #
Proposal for a directive
Article 2 – paragraph 2 – point d a (new)
Article 2 – paragraph 2 – point d a (new)
(da) complaints submitted by traders against consumers.
Amendment 87 #
Proposal for a directive
Article 4 – point f – indent 2
Article 4 – point f – indent 2
– if the entity is operated by a legal person or association of natural or legal persons, including in the form of a collegial body as referred to in article 6(2), at the place where that legal person or association of natural or legal persons carries out alternative dispute resolution activities or has its statutory seat;
Amendment 90 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure, with the involvement of business organisations and consumers' associations, that the natural persons in charge of alternative dispute resolution possess the necessary expertise and are impartial. This shall be guaranteed by ensuring that they:
Amendment 91 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) possess the necessary knowledge, skills and experience in the field of alternative or judicial resolution of consumer dispute resolution;
Amendment 92 #
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) have no conflict of interest with either party to the dispute, unless they form part of a collegial body as referred to in paragraph 2.
Amendment 97 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that ADR entities make publicly available on their websites and in , where approprinated form at , by any otheir premisemeans information on:
Amendment 98 #
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 99 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall ensure that ADR entities make publicly available on their websites and in , where approprinated form at , by any otheir premisemeans annual activity reports. These reports shall include the following information relating to both domestic and cross-border disputes:
Amendment 105 #
Proposal for a directive
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) the dispute is resolved within 90 daysa reasonable time from the date on which the ADR entity has received the complaint. In the case of complex disputes, the ADR entity may ex and all relevant information relatend this time periodo it.
Amendment 108 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the parties have the possibility to express their point of view and hearreceive and be able to comment on the arguments and facts put forward by the other party and any experts' statements;
Amendment 119 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Amendment 121 #
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, if the trader commits to use these entities to resolve disputes with consumers. SuchThe 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 124 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The information referred to in paragraph 1 shall be mentioned in an easily, directly, prominently and permanent comprehensible and easily accessible way on the trader's website, where one exists, and, if applicable, in the general terms and conditions of contracts for the sale of goods or provision of services between the trader and a consumer and in invoices and receipts relating to such contracts. It shall specify how further information on the ADR entity concerned and on the conditions for using it can be accessed.
Amendment 126 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The provisions in this Article shall be without prejudice to the provisions in Articles 6, 7 and 8 of Directive 2011/83/EU concerning consumer information for distance and off-premises contracts, in Article 3 of Directive 2002/65/EU of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services1 and Article 185 of Directive 2009/138/EU of the European Parliament and of the Council of 25 November 2008 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II)2. ______________ 1 OJ L 271, 9.10.2002, p.16. 2 OJ L 335, 17.12.2008, p.1.
Amendment 127 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall publish a list containing the names and contact details of the networks referred to in paragraph 1. The Commission shall, if necessary, update this list every two years.
Amendment 130 #
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 3 a (new)
Article 17 – paragraph 2 – subparagraph 3 a (new)
Competent authorities shall remove an ADR entity from the list if that ADR entity no longer fulfils the requirement set out in paragraph 1. The list shall be updated immediately and the relevant information transmitted to the Commission.