Activities of Robert ROCHEFORT 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 (25)
Amendment 88 #
Proposal for a regulation
Recital 2
Recital 2
(2) In accordance with Article 26(2) TFEU, the Internal Market is to comprise an area without internal frontiers in which the free movement of goods and services is ensured. In order for consumers to have confidence in and benefit from the digital dimension of the Internal Market, it is necessary that they have access to easy and low-cost, effective and free ways of resolving disputes which arise from the sale of goods or the supply of services online. This is particularly important when consumers shop cross- border.
Amendment 94 #
Proposal for a regulation
Recital 6
Recital 6
(6) Being able to seek easy and low-cost, effective and free dispute resolution can boost consumers' and traders' confidence in the digital market. Consumers and traders, however, still face barriers to finding out- of-court solutions in particular to their disputes arising from a cross-border online transaction. Thus, such disputes currently are often left unresolved.
Amendment 97 #
Proposal for a regulation
Recital 7
Recital 7
(7) Online dispute resolution offers a simple, effective and low-cost out-of-court solution to disputes arising from cross- border online transactions. However, there is currently a lack of mechanisms that allow consumers and traders to resolve such disputes via electronic means. This leads to consumer detriment, acts as a barrier to cross-border online transactions, creates an uneven playing field for traders and thus hampers the development of electronic commerce.
Amendment 103 #
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 neither claims by traders against consumers nor disputes between traders.
Amendment 107 #
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation aims at creating an online dispute resolution ('ODR') platform at European level. The ODR platform should take the form of an dedicated 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-border e-commerce transaction. It should provide general information regarding the out-of-court settlement of contractual disputes between traders and consumers arising from the online sale of goods or provision of services. 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 inform them of the possibility of seeking assistance from facilitators if necessary in completing the form correctly. It should 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 116 #
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 and without the need for the parties to be physically present before the ADR entity unless they specifically decide otherwise.
Amendment 120 #
Proposal for a regulation
Recital 18
Recital 18
(18) A network of online dispute resolution facilitators should provide support to parties seeking 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 facilitators. Facilitators should in particular provide consumers who so request with assistance in completing electronic claim forms correctly, as well as general information to parties requesting it regarding the principal consumer rights provisions applicable.
Amendment 126 #
Proposal for a regulation
Article 1
Article 1
The purpose of this Regulation is to contribute to the effective functioning of the internal market, and in particular its digital dimension, and to the achievement of a high level of consumer protection by providing an online platform facilitating the impartial, transparent, effective and fair out-of-court resolution of disputes between consumers and traders online.
Amendment 129 #
Proposal for a regulation
Article 2
Article 2
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 alternativeextrajudicial 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.
Amendment 141 #
Proposal for a regulation
Article 4 – point i
Article 4 – point i
(i) "complainant party" means the consumer or the trader that has submitted a complaint via the European online dispute resolution platform;
Amendment 143 #
Proposal for a regulation
Article 4 – point j
Article 4 – point j
(j) "respondent party" means the consumer or the trader against whom a complaint has been submitted via the European online dispute resolution platform;
Amendment 144 #
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’) on a dedicated internet site.
Amendment 146 #
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 tradersseeking information regarding the out-of-court settlement of contractual disputes with traders arising from the online sale of goods or provision of services and/or seeking the out-of- court resolution of disputes covered by this Regulation.
Amendment 148 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a The ODR platform shall provide information regarding the out-of-court settlement of contractual disputes between consumers and with traders arising from the online sale of goods or provision of services.
Amendment 162 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The Commission shall be responsible for the ODR platform as regards its development, its operation, its maintenance and as regards data security and operation and as regards translations, user-friendliness maintenance, funding and data security. The development, operation, user- friendliness and maintenance of the platform shall respect the principles ‘privacy by design’ (respect for privacy from the design stage) and, as far as possible ‘design for all’ (useable by all, including the vulnerable, without the need for any particular adjustment).
Amendment 165 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. The Commission shall ensure that information contained in the ODR platform regarding concerning the existence and characteristics of ADR procedures are accurate and up to date.
Amendment 176 #
Proposal for a regulation
Article 6 – paragraph 2 – point a a (new)
Article 6 – paragraph 2 – point a a (new)
(aa) providing consumers who so request with assistance in completing electronic claim forms correctly;
Amendment 178 #
Proposal for a regulation
Article 6 – paragraph 2 – point a b (new)
Article 6 – paragraph 2 – point a b (new)
(ab) providing general information to parties who so request regarding the principal consumer rights provisions applicable;
Amendment 189 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The ODR platform shall provide an online guide for those seeking assistance in completing electronic claim forms.
Amendment 191 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. A complaint submitted to the ODR platform shall only be processed if the complaint form is fully completedall the necessary sections of the complaint form are fully completed. If this is not the case, the ODR platform shall inform the complainant party of the decision not to process the form and the reasons why. The platform shall also offer the complainant party the services of a facilitator in completing his electronic claim form should he so desire. If this is the case, the facilitator shall contact the complainant party for this purpose.
Amendment 232 #
Proposal for a regulation
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
Amendment 248 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Where (a) the choice of the consumer corresponds to an ADR entity the trader has committed to use in 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 (Directive on consumer ADR)] or where(b) the parties choose the same ADR entity in their replies, the platform shall automatically transmit the complaint to that ADR entity. within seven calendar days from receipt of the complainant party’s reply regarding the choice of ADR. .
Amendment 253 #
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 390 calendar days from when the proceedings have been instituted. In the case of complex disputes, the ADR entity may extend this time limit;
Amendment 257 #
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 for the purposes referred to in Article 6(2) and (3).
Amendment 258 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. The Commission shall provide parties to an ADR procedure with a guide containing clear and specific information regarding the treatment of their personal data by the ODR platform under Articles 11 and 12 of Regulation (CE) No 45/2001 and the relevant national legislation adopted under Articles 10 and 11 of Directive 95/46/EC, together with their rights in this respect.