Activities of Ashley FOX related to 2011/0374(COD)
Plenary speeches (1)
Online consumer dispute resolution - Alternative consumer dispute resolution (debate)
Shadow reports (1)
REPORT 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) PDF (529 KB) DOC (847 KB)
Amendments (60)
Amendment 99 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should apply to the out-of-court resolution of disputes concerning contractual disputeobligations between consumers and traders thatresident in the Union and traders established in the Union ariseing from the cross-border online sale of goods or provision of services by traders across borders. This should include disputes arising from the sale or provision of digital content for remuneration. It should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services contracts or services contracts if at least one of them is not established or resident in a Member State of the Union at the time when the consumer orders such goods or services or the trader and the consumer are established or resident in the same Member State.
Amendment 104 #
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should not apply to disputes between consumers and traders that arise from the cross-border sale of goods or provision of services offline. This Regulation should not apply to disputes between traders or to complaints submitted by traders against consumers.
Amendment 115 #
Proposal for a regulation
Recital 15
Recital 15
(15) An ODR system at European level should build on existing ADR entities in the Member States and respect Member States' legal traditions. ADR entities to which a complaint has been transmitted via the ODR platform should therefore apply their own rules of procedure, including rules on cost. However, this Regulation intends to establish some common rules applicable to those procedures that will safeguard their effectiveness. This should include rules ensuring that such dispute resolution is accomplished expeditiously.
Amendment 119 #
Proposal for a regulation
Recital 18
Recital 18
(18) A network of online disputODR contact points should be resolution facilitators should provide support to the resolution of disputes relating to complaints submitted via the ODR platform. That network should be composed of contact points for ODR in the Member States which host online dispute resolution facilitatorstablished to provide support to consumers seeking to resolve their dispute with a trader through the ODR platform. ODR contact points should assist with the submission of the complaint and provide general information in relation to online dispute resolution procedures. ODR contact points should not be obliged to translate any documents or obliged to resolve disputes directly.
Amendment 123 #
Proposal for a regulation
Recital 22
Recital 22
(22) Traders that engage in online cross- border sales who are obliged to use an ADR entity under national legislation or who commit to use an ADR entity or ADR entities should inform consumers on their websites about the existence of 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 procedures 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 rights18 . 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 130 #
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 [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. This Regulation shall not apply to disputes submitted by a trader against a consumer.
Amendment 133 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) ‘"online sale of goods or provision of services’" means a transaction for the sale of goods or provision of services which are covered by Directive .../... EU [Office of Publications please insert number of Directive of the European Parliament and the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/ED (Directive on Consumer ADR)] where the trader, or the trader's intermediary, has offered goods or services on a website or by other electronic means and the consumer has ordered such goods or services on that website or by other electronic means; "
Amendment 134 #
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 dispute through the intervention of a dispute resolutionn ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution as referred to in Article 2 of Directive [Office of Publications 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 is carried out by an ADR entity;
Amendment 136 #
Proposal for a regulation
Article 4 – paragraph 1 – point g – paragraph 1
Article 4 – paragraph 1 – point g – paragraph 1
Amendment 139 #
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) ‘"alternative dispute resolution entity’," (hereinafter ‘"ADR entity’") means an entity covered bythat has been listed in accordance with Article 4(e17(2) of Directive [Office of Publications 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)] which has been communicated to the Commission in accordance with Article 17(2) of that Directive;.
Amendment 140 #
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
Amendment 142 #
Proposal for a regulation
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
Amendment 167 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall designate one ODR contact point and communicate its name and contact details to the Commission. Member States may confer responsibility for the ODR contact points on their centres of the European Consumer Centre Network, on consumer associations or on any other body. Each ODR contact point shall host at least two online dispute resolution facilitators (hereinafter ‘ODR facilitators’)..
Amendment 169 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The ODR facilitatorcontact points shall provide support to the resolution of disputes relating to complaints submitted via the platform by fulfilling the following functions:
Amendment 181 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 184 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall at least once every year convene a meeting of members of the ODR facilitators'contact points network in order to permit an exchange of best practice, and a discussion of any recurring problems encountered in the operation of the ODR platform.
Amendment 186 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The Commission shall adopt the rules concerning the modalities of the cooperation between the ODR facilitatorcontact points through implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(3).
Amendment 188 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. In order to submit a complaint to the ODR platform the complainant partynsumer shall fill in the electronic complaint form which shall be available on the platform's website. The complainant partynsumer may attach to the complaint form any documents in electronic form in support of his complaint.
Amendment 190 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The information to be submitted by the complainant partynsumer shall be sufficient to determine the competent ADR entity. This information is described in the Annex.
Amendment 194 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Upon receipt of a fully completed complaint form, the ODR platform shall communicate to the complainant party, in the language of the complaint, and send by e-mail to the respondent party, in the language of the contracttransmit to the trader, in the language of the contract or website, the following:
Amendment 197 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) the information that the parties have to agree on one competent ADR entity in order for the complaint to be transmitted to inature and the grounds of the complaint;
Amendment 199 #
Proposal for a regulation
Article 8 – paragraph 2 – point a a (new)
Article 8 – paragraph 2 – point a a (new)
Amendment 205 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the information that in the event that the parties fail to agree on one competent ADR entityan invitation to the trader to state, within seven days from receiving the communication, whether he is obliged by national law or that no competent ADR entity is identified, the complaint shall not be processed furthers committed to use a specific ADR entity and, if applicable, if he is willing to use another ADR entity stated in the list referred to in (c);
Amendment 206 #
Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)
Article 8 – paragraph 2 – point b a (new)
(ba) the information that in the event that the consumer chooses an ADR entity the trader is obliged, has committed or is willing to use, the platform shall automatically transmit the complaint to that ADR entity;
Amendment 207 #
Proposal for a regulation
Article 8 – paragraph 2 – point b b (new)
Article 8 – paragraph 2 – point b b (new)
(bb) the information that in the event that the parties fail to agree on one competent ADR entity or that no competent ADR entity is identified, the complaint shall not be processed further;
Amendment 208 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) a list of all competent ADR entities, if any are identified;. The list shall include a description of the following characteristics of each entity:
Amendment 210 #
Proposal for a regulation
Article 8 – paragraph 2 – point c – point i (new)
Article 8 – paragraph 2 – point c – point i (new)
i) the name and website address of the ADR entity;
Amendment 212 #
Proposal for a regulation
Article 8 – paragraph 2 – point c – point ii (new)
Article 8 – paragraph 2 – point c – point ii (new)
ii) the language or languages in which the procedure will be conducted;
Amendment 214 #
Proposal for a regulation
Article 8 – paragraph 2 – point c – point iii (new)
Article 8 – paragraph 2 – point c – point iii (new)
iii) the average length of the ADR procedure;
Amendment 216 #
Proposal for a regulation
Article 8 – paragraph 2 – point c – point iv (new)
Article 8 – paragraph 2 – point c – point iv (new)
iv) the binding or non-binding nature of the outcome of the procedure
Amendment 218 #
Proposal for a regulation
Article 8 – paragraph 2 – point c – point v (new)
Article 8 – paragraph 2 – point c – point v (new)
v) the grounds on which the ADR entity may refuse to deal with a given dispute
Amendment 221 #
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
Amendment 223 #
Proposal for a regulation
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
Amendment 225 #
Proposal for a regulation
Article 8 – paragraph 2 – point g
Article 8 – paragraph 2 – point g
Amendment 228 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The communicUpon receipt from the trader of the information referred to in paragraph 2(b) the platform shall, include a description of the following characteristics of each entity the language of the complaint, communicate to the consumer the following:
Amendment 229 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) their fees, if applicable; information that the parties have to agree on one competent ADR entity in order for the complaint to be transmitted to it;
Amendment 230 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the language or languages in which the procedure will be conductedinformation that in the event that the consumer chooses an ADR entity the trader is obliged, has committed or is willing to use, the platform shall automatically transmit the complaint to that ADR entity;
Amendment 231 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) the approximate length of the procedureinformation that in the event that the parties fail to agree on one competent ADR entity or that no competent ADR entity is identified, the complaint shall not be processed further;
Amendment 234 #
Proposal for a regulation
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
(d) the need for the physical presence of the parties or of their representatives, if applicableinformation that in the event that the parties fail to agree on one competent ADR entity or that no competent ADR entity is identified, the complaint shall not be processed further;
Amendment 235 #
Proposal for a regulation
Article 8 – paragraph 3 – point e a (new)
Article 8 – paragraph 3 – point e a (new)
(ea) an invitation to the consumer to select, within seven days from receiving the communication, the ADR entity or, if applicable, one of the ADR entities stated by the trader in accordance with paragraph 2(b), specifying that there is no obligation on the consumer to make such a selection;
Amendment 236 #
Proposal for a regulation
Article 8 – paragraph 3 – point e b (new)
Article 8 – paragraph 3 – point e b (new)
(eb) the information, that if the consumer makes a selection the complaint will be automatically transmitted to the ADR entity selected by the parties.
Amendment 237 #
Proposal for a regulation
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
(e) the binding or non-binding nature of the outcome of the procedure. ADR entity or, if applicable, the ADR entities which the trader has stated in accordance with paragraph 2(b), including a description of the following characteristics of that entity or, if applicable, each of those entities:
Amendment 238 #
Proposal for a regulation
Article 8 – paragraph 3 – point e – point i (new)
Article 8 – paragraph 3 – point e – point i (new)
i) the name and website address of the ADR entity;
Amendment 239 #
Proposal for a regulation
Article 8 – paragraph 3 – point e – point ii (new)
Article 8 – paragraph 3 – point e – point ii (new)
ii) the language or languages in which the procedure will be conducted;
Amendment 240 #
Proposal for a regulation
Article 8 – paragraph 3 – point e – point iii (new)
Article 8 – paragraph 3 – point e – point iii (new)
iii) the average length of the ADR procedure;
Amendment 241 #
Proposal for a regulation
Article 8 – paragraph 3 – point e – point iv (new)
Article 8 – paragraph 3 – point e – point iv (new)
iv) the binding or non-binding nature of the outcome of the procedure;
Amendment 242 #
Proposal for a regulation
Article 8 – paragraph 3 – point e – point v (new)
Article 8 – paragraph 3 – point e – point v (new)
v) the grounds on which the ADR entity may refuse to deal with a given dispute
Amendment 245 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Where the parties fail to reply to the platform or to agree on one competent ADR entity, the complaint shall not be processed further. The consumer shall be informed of the possibility of contacting an ODR facilitator for information on other means of redresUpon receipt from the consumer of the information referred to in paragraph 3(e) the platform shall automatically transmit the complaint to the ADR entity selected by the parties.
Amendment 247 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Where the choice of the consumer corresponds to an ADR entity the trader has committed to usparties fail to reply to the platform or to agree ion accordance with Article 10(1) 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 Directive 2009/22/EC (Directiveone competent ADR entity within 30 days, the complaint shall not be processed further. The consumer shall be informed of the possibility onf consumer ADR)] or where the parties choose the same ADR entity in their replies, the platform shall automatically transmit the complaint to that ADR entitytacting an ODR contact point for general information on other means of redress.
Amendment 249 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 250 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
ADR entities to which a complaint has been transmitted in accordance with Article 8 shall: without undue delay transmit the date of the conclusion and the result of the procedure to the ODR platform.
Amendment 251 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 252 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 256 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 260 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Traders established within the Union that engaginge 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 permanentand who are obliged to use an ADR entity under national legislation or who commit to use an ADR entity or ADR entities shall inform consumers on their website about the existence of the ODR platform and provide an electronic link to its website. This information shall be mentioned in a clear, comprehensible and easily accessible way 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. TSuch traders shall also inform consumers about the ODR platform in response to a consumer complaint when the consumer submits a complaint to the trader, a consumer complaint handling system operated by the trader or to a company ombudsman.
Amendment 265 #
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 not those traders commit to use alternative dispute resolution procedurthese ADR entities to resolve disputes with consumers.
Amendment 267 #
Proposal for a regulation
Annex 1 – point 1
Annex 1 – point 1
(1) Name, address and, if applicable, e- mail and website address of the complainant partynsumer;
Amendment 268 #
Proposal for a regulation
Annex 1 – point 2
Annex 1 – point 2
Amendment 269 #
Proposal for a regulation
Annex 1 – point 3
Annex 1 – point 3
(3) Name, address and, if applicable, e- mail and website address of the respondent partytrader;
Amendment 270 #
Proposal for a regulation
Annex 1 – point 4
Annex 1 – point 4