Activities of Raffaele BALDASSARRE related to 2011/0374(COD)
Plenary speeches (1)
Online consumer dispute resolution - Alternative consumer dispute resolution (debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on online dispute resolution for consumer disputes (Regulation on consumer ODR)
Amendments (7)
Amendment 64 #
Proposal for a regulation
Recital 22
Recital 22
(22) Traders should inform consumers on their websites about the ODR platform and provide an electronic link to its homepage. They should also provide such information when a consumer submits a complaint to the trader, a consumer complaint handling system operated by the trader or a company ombudsman. This obligation should be without prejudice to Article 10(1)-(3) of Directive .…/…/EU [Office of Publications insert reference number] concerning the information of consumers by traders about the ADR procedures by which those traders are covered and about whether or not they commit to use alternative dispute resolution procedurwhen they commit to use these entities to resolve disputes with consumers. Furthermore, this obligation should be without prejudice to Articles 6(1)(t) 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.
Amendment 84 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 88 #
Proposal for a regulation
Article 9 – point b
Article 9 – point b
(b) if, following the notification of the dispute to the parties, the parties agree to institute proceedings before the entity, accomplish the conclusion of the dispute resolution procedure within 30 daysa reasonable time from when the proceedings have been instituted. In the case of complex disputes, the ADR entity may extend this time limit;
Amendment 91 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Access to information, including personal data, related to a dispute and stored in the database referred to in Article 10 shall be granted, for the purposes referred to in Article 9, only to the ADR entity to which the dispute was transmitted in accordance with Article 8. Access to the same information shall be granted also to ODR facilitators only if this information is necessary in order to fulfil their functions as referred to in Article 6(2) and for the purposes referred to in Article 6(3).
Amendment 94 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Traders established within the Union engaging in the cross-border online sale of goods or provision of services shall inform consumers about the ODR platform and about their e-mail address. This information shall be made easily, directly, prominently and permanently accessible on the traders' websites and, if the offer is made by e-mail or another textual message transmitted by electronic means, in that message. It shall include an electronic link to the ODR platform's homepage. Traders shall also inform consumers about the ODR platform when the consumer submits a complaint to the trader, a consumer complaint handling system operated by the trader or to a company ombudsmanclearly and easily accessible on the traders' websites. It shall include an electronic link to the ODR platform's homepage.
Amendment 95 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The provisions in paragraph 1 are without prejudice to the provisions in Article 10 of Directive …./…/EU [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)] concerning the information of consumers by traders about the ADR procedurentity or ADR entities by which those traders are covered and about whether or notwhen those traders commits to use alternative dispute resolution procedurthese entities to resolve disputes with consumers.
Amendment 97 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The provisions in paragraph 1 are without prejudice to the provisions in Articles 6 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.