Procedure completed
2011/0374(COD) Online dispute resolution for consumer disputes (Regulation on consumer ODR)
Lead committee dossier: IMCO/7/08128
Legal Basis TFEU 114-p1
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | IMCO | THUN UND HOHENSTEIN Róża Gräfin von (PPE) | REPO Mitro (S&D), ROCHEFORT Robert (ALDE), RÜHLE Heide (Verts/ALE), FOX Ashley (ECR), TRIANTAPHYLLIDES Kyriacos (GUE/NGL), SALVINI Matteo (EFD) |
| Opinion | JURI | BERLINGUER Luigi (S&D) |
Legal Basis TFEU 114-p1
Subjects
Activites
- 2013/06/18 Final act published in Official Journal
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2013/05/21
Final act signed
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2013/05/21
End of procedure in Parliament
- #3234
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2013/04/22
Council Meeting
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2013/04/22
Act adopted by Council after Parliament's 1st reading
- 2013/03/12 Debate in Parliament
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2012/07/17
Committee report tabled for plenary, 1st reading/single reading
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A7-0236/2012
summary
The Committee on Internal Market and Consumer Protection adopted the report by Róża Gräfin von THUN UND HOHENSTEIN (EPP, PL) 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). The parliamentary committee recommends that the position of the European Parliament adopted at first reading under the ordinary legislative procedure should be to amend the Commission’s proposal as follows: European online dispute resolution (ODR) platform: this should also facilitate the independent out-of-court resolution of disputes between consumers and traders online. Scope of the Regulation: the Regulation should apply to the out-of-court resolution of disputes concerning contractual obligations between consumers resident in the Union and traders established in the Union stemming from the online sale of goods or provision of services, which are covered by the Directive on consumer alternative dispute resolution (ADR). Members propose that the Regulation also applies to domestic online transactions in order to allow for a true level playing field in the area of electronic commerce. Access to the platform: Member call for the ODR platform to be accessed only through the 'Your Europe' portal thematic website, as this portal is an existing single point of entry for both consumers and traders looking for help or information about their rights under Union legislation. The ODR platform should be given prominence on the 'Your Europe' portal. Functions of the platform: the ODR platform 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. Among other things, it would: inform the the trader about the complaint submitted against him; identify one or more ADR entities which are competent to deal with the dispute, and provide information to the parties on the costs of their procedure, the average length of the procedure and the binding or non-binding nature of its outcome; if no competent ADR entity can be identified, inform the complainant party that it was not possible to identify a competent ADR entity; invite the parties to agree on the competent ADR entity to use to settle their dispute or, if more than one ADR entity has been identified, invite them to agree on one of the competent ADR entities; offer, free of charge, an electronic case management tool which enables the parties and the ADR entity to conduct the dispute resolution procedure online via the platform; provide the parties and the ADR entity with an electronic translation function; provide information in a clear and unambiguous manner. The ODR platform should provide an online guide for those seeking assistance in completing electronic claim forms. The platform shall also offer the complainant party the services of a contact point in completing his electronic claim form should he/she so desire. Data protection: the development, operation, user-friendliness and maintenance of the platform should respect the principles of ‘privacy by design’ (respect for privacy from the design stage) and, as far as possible of ‘design for all’ (useable by all, including the vulnerable, without the need for any particular adjustment). 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. ADR entities shall be subject to rules of professional secrecy or other equivalent duties of confidentiality laid down in the legislation of the Member State where they are based. Network of ODR facilitators: Members recommend that a more important role should be accorded to ODR contact points. The latter should, on request of parties, assist and facilitate their communication with the ADR entity. They should, in particular: assist with the submission of the complaint and, where appropriate, relevant documentation, provide the parties and ADR entities with general information on consumer rights in relation to the sale of goods or the provision of services which apply in the Member State of the contact point which hosts the contact points concerned; provide the parties with explanations on the rules of procedure applied by the ADR entities identified; inform the complainant party of other means of redress when a dispute cannot be resolved via the ODR platform. The Commission, in cooperation with Member States, should provide appropriate training for contact points for consumer disputes in order for these to acquire the necessary expertise to perform their duties. Deadlines: Members propose that upon receipt of a fully completed complaint form, the ODR platform should in an easily understandable way and without delay transmit to the respondent party in the language of the contract or website, the required information. Where the parties fail to reply to the platform or to agree on one competent ADR entity within 20 days, the complaint shall not be processed further. An amendment provides for the extension of the time period for dispute resolution is extended to 90 days, in line with the provisions of the ADR Directive (the Commission proposes a time period of 30 days from the introduction of the complaint). Implementing and delegated acts: to ensure that the European Parliament fulfils its role of oversight for the benefit of consumers, it is proposed that the implementing powers requested by the Commission in relation to (i) the functions of the platform, (ii) the modalities of cooperation between ODR facilitators, and (iii) the modalities of the electronic complaint form are replaced by delegated acts.
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A7-0236/2012
summary
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2012/07/10
Vote in committee, 1st reading/single reading
- #3169
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2012/05/30
Council Meeting
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3169
summary
The Council agreed on a general approach concerning a draft directive on Alternative Dispute Resolution (ADR) and a draft regulation on On-line Dispute Resolution (ODR), pending the opinion of the European Parliament. The objective of both proposals is to provide for simple, fast and affordable out-of-court settlement procedures designed to resolve disputes between consumers and traders arising from the sales of goods and services. The initiative will ensure the establishment of ADR schemes where none exist today and define a common framework for ADR in the EU Member States by setting out common minimum quality principles in order to ensure that all ADR entities are impartial, transparent and efficient. Existing national ADR schemes should be able to continue to operate within the new framework. The ADR system will be supplemented by an ODR mechanism involving the setting up of a European on-line dispute resolution platform (this will be an interactive website accessible electronically and free of charge in all languages of the Union).
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3169
summary
-
2011/12/13
Committee referral announced in Parliament, 1st reading/single reading
- #3133
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2011/12/05
Council Meeting
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3133
summary
The Council took note of two legislative proposals submitted by the Commission on 29 November 2011: a draft directive on Alternative Dispute Resolution (ADR) and a draft regulation on On-line Dispute Resolution (ODR). In compliance with the ADR directive, the Commission also proposes an ODR mechanism involving the setting up of a European on-line dispute resolution platform (this will be an interactive website accessible electronically and free of charge in all languages of the Union). ADR schemes, also known as "out-of-court mechanisms", have been set up across Europe to help citizens engaged in the resolution of disputes which they have been unable to resolve directly with the trader. These mechanisms have been developed differently across the EU, either publicly or privately, and the status of the decisions adopted by these bodies differs greatly from one Member State to another. The Commission conducted a public consultation on this subject from18 January and 15 March 2011. In addition, the Council adopted conclusion on the results of the first Single Market Forum (SIMFO), which took place in Krakow, Poland, on 3 and 4 October 2011. The SIMFO, which was organised jointly by the European Parliament, the Commission and the Polish presidency, is intended to be the starting point of a permanent platform for debate among EU institutions, stakeholders and citizens on the development of the internal market. In its conclusions, the Council: · attaches great importance to ensuring that European businesses and consumers purchasing goods and services (online, offline, cross-border or domestically) have access to efficient, affordable and simple means of resolving their disputes with traders, taking into account diversity of different national Alternative Dispute Resolution schemes; · believes that it is essential to increase businesses' and citizens' knowledge and understanding of Alternative Dispute Resolution schemes throughout Europe; · stresses that simple, efficient and affordable Online Dispute Resolution systems allowing consumers to solve effectively their problems when shopping on-line are crucial for improving confidence in the digital Single Market.
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3133
summary
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2011/11/29
Legislative proposal published
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COM(2011)0794
summary
PURPOSE : to contribute to the functioning of the internal market, and in particular its digital dimension, and to the achievement of a high level of consumer protection by providing a platform facilitating the impartial, transparent, effective and fair out-of-court resolution of disputes between consumers and traders online. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: with the development of e-commerce, the scope and size of markets in which businesses and consumers operate have grown significantly and extend beyond national borders. The lack of effective redress for complaints resulting from cross-border online transactions has adverse consequences both for consumers and businesses. Consumers as well as traders, however, perceive it as risky to engage in cross-border e-commerce transactions because they fear that relevant disputes might not easily be resolved due to the virtual character of the transaction. The Europe 2020 flagship initiative "Digital Agenda for Europe" announced an EU strategy to improve ADR systems. The 2011 Single Market Act included amongst its key priorities the establishment of simple, fast and affordable out-of-court settlement procedures for consumers and protecting relations between businesses and their customers. This action will also include an electronic commerce dimension. At present, the offer of ADR schemes to resolve consumer disputes related to e-commerce transactions is scattered and incomplete. In addition, while half the existing ADR schemes offer consumers the possibility of submitting their complaint online, very few offer consumers the possibility of conducting the entire procedure online (via online dispute resolution – ODR). Handling the entire process online would produce time savings and ease communication between the parties. IMPACT ASSESSMENT: the Commission has carried out a detailed impact assessment, analysing a range of policy options for (i) Alternative Dispute Resolution (ADR) coverage, information and quality and (ii) Online Dispute Resolution (ODR) for cross-border e-commerce transactions. The IA concluded that only a combination of two instruments on ADR and ODR can ensure access to impartial, transparent and effective means to resolve consumer disputes linked to cross-border e-commerce transactions out-of-court. LEGAL BASIS: Article 114 TFEU. CONTENT: the proposed Regulation aims at establishing an EU-wide ODR system that will facilitate the resolution of disputes related to the cross-border online sale of goods or provision of services between a trader and a consumer. The main points of the proposal are as follows: ODR platform: the proposal aims at establishing a European online dispute resolution platform ("ODR platform"). This ODR platform takes the form of an interactive website which offers a single point of entry to consumers and traders who seek to resolve out-of-court a dispute which has arisen from a cross-border e-commerce transaction. The platform can be accessed in all official languages of the EU and its use is free of charge. ADR schemes established in the Member States, which have been notified to the Commission in accordance with the Directive on consumer ADR, will be registered electronically with the ODR platform. Consumers and traders will be able to submit their complaints through an electronic complaint form which will be available on the platform’s website in all official languages of the EU. The platform will check if a complaint can be processed and seek the agreement of the parties to transmit it to the ADR scheme that is competent to deal with the dispute. The competent ADR scheme will seek the resolution of the dispute in accordance with its own rules of procedure within 30 days from the date of receipt of the complaint. The ADR scheme will have to notify to the platform some data in relation to the development of the dispute (date when the complaint was notified to the parties; date when the dispute was resolved; outcome of the dispute). Under the proposal, a network of online dispute resolution facilitators ("ODR facilitators' network") will provide support to the resolution of disputes submitted via the ODR platform. Information on the EU-wide ODR system: traders established within the EU that engage in cross-border e- commerce to inform consumers about the ODR platform. This information shall be made easily, directly, prominently and permanently accessible on the traders' websites as well as when the consumer submit a complaint to the trader. Monitoring: an annual activity report will be drawn up on the operation of the platform. The compliance by ADR schemes with the obligations set out in the Regulation will be monitored by the competent authorities to be established in the Member States in accordance with the Directive on consumer ADR. Every three years the Commission will report to the European Parliament and the Council on the application of the Regulation. Data Protection rules: the data entered in the ODR platform by the parties and the ADR schemes will be stored in a database and will be subject to the relevant legislation on data protection. BUDGETRY IMPLICATIONS: this action is part of the Consumer programme 2014-2020. The budgetary impact will be addressed by redeployment for the years 2012 and 2013. The financial appropriations for implementing this proposal from 2012 to 2020 will amount to EUR 4,586 million in current prices. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the EU.
- DG {'url': 'http://ec.europa.eu/dgs/health_consumer/index_en.htm', 'title': 'Health and Consumers'}, BORG Tonio
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COM(2011)0794
summary
Documents
- Legislative proposal published: COM(2011)0794
- Debate in Council: 3133
- Debate in Council: 3169
- Committee report tabled for plenary, 1st reading/single reading: A7-0236/2012
- Debate in Parliament: Debate in Parliament
- : Regulation 2013/524
- : OJ L 165 18.06.2013, p. 0001
| Amendments | Dossier |
| 223 |
2011/0374(COD)
2012/05/09
JURI
40 amendments...
Amendment 100 #
Proposal for a regulation Annex – point 6 a (new) (6a) Any attempts by the consumer to find an amicable solution directly with the trader;
Amendment 61 #
Proposal for a regulation Recital 8 (8) This Regulation should apply to the out-of-court resolution of contractual disputes between consumers and traders that arise from the
Amendment 62 #
Proposal for a regulation 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 interactive website integrated in the "Your Europe" Portal, offering a single point of entry to
Amendment 63 #
Proposal for a regulation Recital 14 a (new) (14a) It should also be taken into account that, despite the controversy, Member States whose national legislation goes beyond the core requirements of the Mediation Directive seem to have achieved important results in promoting the non-judicial treatment of disputes in civil and commercial matters; and that the results achieved, in particular in Italy, Bulgaria and Romania, show that mediation can help bring swift and effective extrajudicial resolution of disputes through processes that are tailored to the needs of the parties and safeguard consumers, which is of particular relevance in cases of electronic purchasing;
Amendment 64 #
Proposal for a regulation 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
Amendment 65 #
Proposal for a regulation 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
Amendment 66 #
Proposal for a regulation Recital 23 (23) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the type of information which a complainant is to provide in the electronic complaint form made available on the ODR platform, as well as concerning its technical modalities. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level and in particular, the European Data Protection Supervisor. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 67 #
Proposal for a regulation Recital 24 (24) In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission in respect of the functioning of the ODR platform
Amendment 68 #
Proposal for a regulation Article 2 – paragraph 1 This Regulation shall apply to the out-of- court resolution of contractual disputes arising from the
Amendment 69 #
Proposal for a regulation Article 4 – point g – subparagraph 1 (g) ‘alternative dispute resolution procedure’ (hereinafter ‘ADR procedure’) means a procedure for the out-of-court resolution of a dispute whereby the parties involved attempt to solve their conflict 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;
Amendment 70 #
Proposal for a regulation Article 4 – point g – subparagraph 1 (g) "alternative dispute resolution procedure" (hereinafter "ADR procedure") means a procedure for the out-of-court resolution of a dispute through the
Amendment 71 #
Proposal for a regulation Article 4 – point g – subparagraph 2 Amendment 72 #
Proposal for a regulation Article 4 – point i Amendment 73 #
Proposal for a regulation Article 4 – point j Amendment 74 #
Proposal for a regulation Article 5 – paragraph 1 1. The Commission shall establish a European online dispute resolution platform, (hereinafter ‘ODR platform’) on the "Your Europe" Portal.
Amendment 75 #
Proposal for a regulation Article 5 – paragraph 1 1. The Commission shall establish a European online dispute resolution platform, (hereinafter ‘ODR platform’). Membership of the platform is desirable under the condition on the mandatory use of ADR in Member States whose legal systems the OECD considers to infringe the rights of applicants to a fair trial within a reasonable timescale.
Amendment 76 #
Proposal for a regulation Article 5 – paragraph 3 – point a (a) providing an electronic complaint form which can be filled in by the co
Amendment 77 #
Proposal for a regulation Article 5 – paragraph 3 – point b (b) proposing, based on the information contained in the electronic complaint form, one or more competent ADR entities to the
Amendment 78 #
Proposal for a regulation Article 5 – paragraph 3 – point b (b) proposing, based on the information contained in the electronic complaint form, one or more competent ADR entities to the parties and providing information on their fees, if applicable, the language or languages in which the procedure will be conducted, the approximate length of the procedures or informing the complainant party that based on the information submitted, no competent ADR entity could be identified;
Amendment 79 #
Proposal for a regulation Article 5 – paragraph 3 – point f Amendment 80 #
Proposal for a regulation Article 5 – paragraph 4 a (new) 4a. Member States shall, in implementing this Regulation, establish instruments such as the admissibility condition, as governed by European Court of Justice guidance, for a transitional period of no fewer than 5 years from its entry into force, in order to ensure effective application of the principles of mediation and to promote a culture of mediation, while ensuring that both the parties at dispute must abide by it;
Amendment 81 #
Proposal for a regulation Article 7 – paragraph 2 2. The information to be submitted by the complainant party shall be sufficient to determine the competent ADR entity. This information is described in the Annex to this Regulation.
Amendment 82 #
Proposal for a regulation Article 7 – paragraph 4 4. The Commission shall be empowered to adopt delegated acts, after consulting the European Data Protection Supervisor, in accordance with Article 16 to adapt the information listed in the Annex, taking into account the criteria by which the ADR entities notified to the Commission in accordance with Article 17(2) 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)] that deal with disputes covered by this Regulation define their respective scopes of application.
Amendment 83 #
Proposal for a regulation Article 7 – paragraph 5 5. The Commission shall
Amendment 84 #
Proposal for a regulation Article 7 – paragraph 6 Amendment 85 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2. Upon receipt of a fully completed complaint form, the ODR platform shall communicate to the co
Amendment 86 #
Proposal for a regulation Article 8 – paragraph 3 – point a (a) their fees
Amendment 87 #
Proposal for a regulation Article 8 – paragraph 3 – point d d) the need for the physical presence of the parties or of their representatives, if applicable, and an indication of whether the dispute can be settled without the parties or their representatives being physically present in cases where the places of residence or of habitual residence of the parties are in different Member States;
Amendment 88 #
Proposal for a regulation 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
Amendment 89 #
Proposal for a regulation 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
Amendment 90 #
Proposal for a regulation Article 9 – paragraph 1 – 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
Amendment 91 #
Proposal for a regulation 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 92 #
Proposal for a regulation 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 the ODR facilitators to which the dispute was referred for the purposes referred to in Article 6(3).
Amendment 93 #
Proposal for a regulation Article 11 – paragraph 4 a (new) 4a. A comprehensive privacy notice shall be made available on the ODR platform whereby data subjects are informed about the processing of their personal data, as well as about their rights with regard to that processing. The privacy notice shall state clearly the processing operations performed under the responsibility of the various actors of the platform.
Amendment 94 #
Proposal for a regulation 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
Amendment 95 #
Proposal for a regulation Article 13 – paragraph 2 2. The provisions in paragraph 1 are
Amendment 96 #
Proposal for a regulation 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 procedures by which those traders are covered and
Amendment 97 #
Proposal for a regulation 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.
Amendment 98 #
Proposal for a regulation Annex – point 2 Amendment 99 #
Proposal for a regulation Annex – point 4 source: PE-489.398
2012/05/31
IMCO
183 amendments...
Amendment 100 #
Proposal for a regulation Recital 8 (8) This Regulation should apply to the out-of-court resolution of contractual disputes
Amendment 101 #
Proposal for a regulation Recital 8 Amendment 102 #
Proposal for a regulation Recital 10 (10) The definition of ‘consumer’ should cover natural persons who are acting outside their trade, business, craft or profession.
Amendment 103 #
Proposal for a regulation Recital 12 (12) This Regulation should not apply to disputes between consumers and traders that arise from the
Amendment 104 #
Proposal for a regulation 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 105 #
Proposal for a regulation Recital 12 (12) This Regulation should not apply to disputes
Amendment 106 #
Proposal for a regulation Recital 13 a (new) (13a) Before submitting their dispute to an ADR entity via the ODR platform, consumers should be encouraged by Member States to make every effort to contact the trader via their website, email, or other electronic means as appropriate, with the aim of resolving the dispute amicably.
Amendment 107 #
Proposal for a regulation 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 a
Amendment 108 #
Proposal for a regulation Recital 14 (14) This Regulation aims at creating an online dispute resolution (
Amendment 109 #
Proposal for a regulation Recital 14 (14) This Regulation aims at creating an online dispute resolution (
Amendment 110 #
Proposal for a regulation Recital 14 a (new) (14a) The platform should offer, free of charge, an electronic case management tool which enables the parties and the ADR entity to conduct the dispute resolution procedure online via the platform. ADR entities should be able to use this and customise it for their procedures. The tool should allow parties and ADR entities to upload relevant statements and evidence. The tool should, in accordance with the ADR procedure applied by the relevant ADR entity, automatically set deadlines to parties e.g. for making submissions. It should also provide for a restricted access website on the ODR platform, which can be accessed by the parties, the ADR entity and if necessary by the consumer advisors.
Amendment 111 #
Proposal for a regulation Recital 14 a (new) (14a) The ODR platform should offer a single point of entry for the out-of-court resolution of online disputes through the ADR entities that seek the out-of-court resolution of a dispute, are established on durable basis, comply with the quality criteria set out in Chapter II of [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 have been notified to the Commission in accordance with Article 17 (2) of [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)].
Amendment 112 #
Proposal for a regulation Recital 14 b (new) (14b) The Commission should provide the technical facilities for the functioning of the platform, including translation functions. The tool should offer an electronic translation functionality to the parties and the ADR entity. This functionality should deal with all necessary translations and will be supported by translators. The Commission should also, on the ODR platform, provide information for consumers about the possibility of requesting assistance from the consumer advisors. However, consumers should be encouraged to contact the trader first and thus directly seek an amicable solution of the dispute before they submit a complaint to the ODR platform.
Amendment 113 #
Proposal for a regulation Recital 14 c (new) (14c) The ODR platform should be accessed only through the 'Your Europe'- portal thematic website, as this portal is an existing single point of entry for both consumers and traders looking for help or information about their rights as provided by EU legislation. The ODR platform should be made prominent on the 'Your Europe'-portal.
Amendment 114 #
Proposal for a regulation 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 does not require the physical presence of the parties or their representatives before the ADR entity. However, the parties may decide that physical presence is necessary.
Amendment 115 #
Proposal for a regulation 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
Amendment 116 #
Proposal for a regulation 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 117 #
Proposal for a regulation 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 118 #
Proposal for a regulation Recital 15 a (new) (15a) The parties should be able to access the ODR Platform established by this Regulation free of charge, and without being required to be physically present for the procedure. However, both parties may decide that their physical presence is necessary.
Amendment 119 #
Proposal for a regulation Recital 18 (18)
Amendment 120 #
Proposal for a regulation 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
Amendment 121 #
Proposal for a regulation Recital 19 (19) The right to an effective remedy and the right to a fair trial are fundamental rights guaranteed in Article 47 of the Charter of Fundamental Rights of the European Union. Online dispute resolution procedures cannot be designed to replace court procedures and should not deprive consumers or traders of their rights to seek redress before the courts. Nothing in this Regulation should, therefore, prevent parties from exercising their right of access to the judicial system.
Amendment 122 #
Proposal for a regulation Recital 21 (21) Data subjects should be informed about, and give their assent to, the processing of their personal data in the ODR platform, and their rights with regard to that processing, by means of a comprehensive privacy notice to be made publicly available by the Commission and explaining, in a clear and simple language, the processing operations performed under the responsibility of the various actors of the platform, in accordance with Articles 11 and 12 of Regulation (EC) No 45/2001 and with national legislation adopted pursuant to Articles 10 and 11 of Directive 95/46/EC.
Amendment 123 #
Proposal for a regulation 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
Amendment 124 #
Proposal for a regulation 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 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 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. Member States should provide for penalties for any party or parties which, for their own ends and without any justified objective reason, refuse to accept the procedure, thereby forcing consumers to forego their claims or face substantial costs, which could easily be borne by the supplier, thus creating a clear imbalance.
Amendment 125 #
Proposal for a regulation Recital 23 (23) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the functions of the ODR platform, the modalities of cooperation between the consumer advisors and the type of information which a complainant is to provide in the electronic complaint form made available on the ODR platform, as well as the modalities of that electronic complaint form. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 126 #
Proposal for a regulation 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 127 #
Proposal for a regulation Article 1 – paragraph 1 The purpose of this Regulation is to contribute to the functioning of the internal market, and in particular its digital dimension, and to the achievement of a high level of consumer protection by providing free of charge for consumers a platform facilitating the impartial, transparent, effective and fair out-of-court resolution of disputes between consumers and traders online.
Amendment 128 #
Proposal for a regulation Article 1 – paragraph 1 The purpose of this Regulation is to contribute to the functioning of the internal market, and in particular its digital dimension, and to the achievement of a high level of consumer protection by providing a platform facilitating the independent, impartial, transparent, effective and fair out-of-court resolution of disputes between consumers and traders online.
Amendment 129 #
Proposal for a regulation 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
Amendment 130 #
Proposal for a regulation 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 131 #
Proposal for a regulation Article 2 – paragraph 1 This Regulation shall apply to the out-of- court resolution of contractual disputes initiated by consumers against traders 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.
Amendment 132 #
Proposal for a regulation Article 2 – paragraph 1 This Regulation shall apply to the out-of- court resolution of contractual disputes arising from the
Amendment 133 #
Proposal for a regulation Article 4 – paragraph 1 – point c (c)
Amendment 134 #
Proposal for a regulation Article 4 – paragraph 1 – point g – introductory part (g)
Amendment 135 #
Proposal for a regulation Article 4 – paragraph 1 – point g – introductory part (g)
Amendment 136 #
Proposal for a regulation Article 4 – paragraph 1 – point g – paragraph 1 Amendment 137 #
Proposal for a regulation Article 4 – paragraph 1 – point g – paragraph 1 Procedures before
Amendment 138 #
Proposal for a regulation Article 4 – paragraph 1 – point g – paragraph 1 – subparagraph 1 (new) Procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader shall not be regarded as ADR procedures unless these entities comply with the general requirements of Chapter II in accordance with Article 17, and if the following additional conditions are met: - the natural persons in charge of dispute resolution are hierarchically independent from the trader and cannot be subject to instructions given by the trader; - the remuneration of the natural persons in charge of dispute resolution is not subject to the outcome of the dispute resolution procedure; - the natural persons in charge of dispute resolution must not have worked for the trader concerned during the three years prior to assuming the post. - the dispute resolution entity is subjected to an annual evaluation by the competent authority of the Member State where it is established regarding compliance with the principles laid down in this Directive;
Amendment 139 #
Proposal for a regulation Article 4 – paragraph 1 – point h (h)
Amendment 140 #
Proposal for a regulation Article 4 – paragraph 1 – point i Amendment 141 #
Proposal for a regulation Article 4 – point i (i) "complainant party" means the consumer
Amendment 142 #
Proposal for a regulation Article 4 – paragraph 1 – point j Amendment 143 #
Proposal for a regulation Article 4 – point j (j) "respondent party" means the
Amendment 144 #
Proposal for a regulation Article 5 – paragraph 1 1. The Commission shall establish a European online dispute resolution platform, (hereinafter ‘ODR platform’) on a dedicated internet site.
Amendment 145 #
Proposal for a regulation Article 5 – paragraph 1 1. The Commission shall establish a European online dispute resolution platform, (hereinafter
Amendment 146 #
Proposal for a regulation 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
Amendment 147 #
Proposal for a regulation 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 traders seeking t
Amendment 148 #
Proposal for a regulation 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 149 #
Proposal for a regulation Article 5 – paragraph 3 – point a a (new) (aa) informing the trader about the complaint submitted against him;
Amendment 150 #
Proposal for a regulation Article 5 – paragraph 3 – point b (b)
Amendment 151 #
Proposal for a regulation Article 5 – paragraph 3 – point b a (new) b a) notifying the trader of the complaint lodged against him;
Amendment 152 #
Proposal for a regulation Article 5 – paragraph 3 – point b a (new) (ba) if no competent ADR entity can be identified, informing the complainant party that based on the information submitted, no competent ADR entity could be identified;
Amendment 153 #
Proposal for a regulation Article 5 – paragraph 3 – point b b (new) (bb) inviting the respondent party, if he/she is a trader, to state whether he is obliged or has committed to use a certain ADR entity for resolving disputes covered by this Regulation;
Amendment 154 #
Proposal for a regulation Article 5 – paragraph 3 – point b c (new) (bc) inviting the parties to agree on the competent ADR entity to use to settle their dispute or, if more than one ADR entity has been identified, on one of the competent ADR entities identified;
Amendment 155 #
Proposal for a regulation Article 5 – paragraph 3 – point c (c)
Amendment 156 #
Proposal for a regulation Article 5 – paragraph 3 – point d (d)
Amendment 157 #
Proposal for a regulation Article 5 – paragraph 3 – point e a (new) (ea) providing the parties and the ADR entity with an electronic translation functionality;
Amendment 158 #
Proposal for a regulation Article 5 – paragraph 3 – point f (f) providing a feedback system which allows the parties to express their views on the functioning of the ODR platform and
Amendment 159 #
Proposal for a regulation Article 5 – paragraph 3 – point f a (new) f a) providing, without charge, an electronic case management tool, which allows the parties and the ADR entity to conduct the dispute resolution process electronically through the platform;
Amendment 160 #
Proposal for a regulation Article 5 – paragraph 3 – point g (g) publishing information on ADR entities notified to the Commission in accordance with Article 17(2) of Directive
Amendment 161 #
Proposal for a regulation Article 5 – paragraph 3 – point g g) publishing information on ADR entities notified to the Commission in accordance with Article 17(2) of Directive …./…/EU [Office of Publications please insert
Amendment 162 #
Proposal for a regulation Article 5 – paragraph 5 5. The Commission shall be responsible for the ODR platform as regards its development
Amendment 163 #
Proposal for a regulation Article 5 – paragraph 5 5. The Commission shall be responsible for the ODR platform as regards its development, its operation, including all translation functionalities necessary for the purpose of this regulation, its maintenance, its funding and as regards data security.
Amendment 164 #
Proposal for a regulation Article 5 – paragraph 5 5. The Commission shall be responsible for the ODR platform as regards its development, its operation, i
Amendment 165 #
Proposal for a regulation 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 166 #
Proposal for a regulation Article 6 – title Network of online dispute resolution
Amendment 167 #
Proposal for a regulation 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.
Amendment 168 #
Proposal for a regulation Article 6 – paragraph 1 1. Each Member State shall designate
Amendment 169 #
Proposal for a regulation Article 6 – paragraph 2 – introductory part 2. The ODR
Amendment 170 #
Proposal for a regulation Article 6 – paragraph 2 – introductory part 2. The ODR
Amendment 171 #
Proposal for a regulation Article 6 – paragraph 2 – point a (a) if
Amendment 172 #
Proposal for a regulation Article 6 – paragraph 2 – point a – point i (new) i) assisting with the submission of the complaint and, where appropriate, relevant documentation,
Amendment 173 #
Proposal for a regulation Article 6 – paragraph 2 – point a – point ii (new) ii) providing the parties and ADR entities with general information on consumer rights in relation to the sale of goods or provision of services which apply in the Member State of the ODR contact point which hosts the consumer advisors concerned;
Amendment 174 #
Proposal for a regulation Article 6 – paragraph 2 – point a – point iii (new) iii) providing information on the functioning of the ODR platform,
Amendment 175 #
Proposal for a regulation Article 6 – paragraph 2 – point a – point iv (new) iv) providing the parties with explanations on the rules of procedure applied by the ADR entities identified;
Amendment 176 #
Proposal for a regulation Article 6 – paragraph 2 – point a a (new) (aa) providing consumers who so request with assistance in completing electronic claim forms correctly;
Amendment 177 #
Proposal for a regulation Article 6 – paragraph 2 – point a a (new) a a) providing information to the complainant about the operation of the ODR platform, by submitting the electronic complaint form, if necessary with the relevant documentation. .
Amendment 178 #
Proposal for a regulation 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 179 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) informing
Amendment 180 #
Proposal for a regulation Article 6 – paragraph 2 – point c (c) submitting, based on the practical experience gained from the performance of their functions, an annual activity report to the Commission, to the European Parliament and to the Member States;
Amendment 181 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 182 #
Proposal for a regulation Article 6 – paragraph 3 3. The Commission shall establish a network of
Amendment 183 #
Proposal for a regulation Article 6 – paragraph 3 a (new) 3 a. The Commission, in cooperation with Member States, shall provide appropriate training for online dispute resolution facilitators for consumers in order to acquire the necessary expertise to perform their duties in accordance with paragraph 2.
Amendment 184 #
Proposal for a regulation Article 6 – paragraph 4 4. The Commission shall at least once every year convene a meeting of members of the ODR
Amendment 185 #
Proposal for a regulation Article 6 – paragraph 4 4. The Commission shall at least
Amendment 186 #
Proposal for a regulation Article 6 – paragraph 5 5. The Commission shall adopt the rules concerning the modalities of the cooperation between the ODR
Amendment 187 #
Proposal for a regulation Article 6 – paragraph 5 5. The Commission shall
Amendment 188 #
Proposal for a regulation Article 7 – paragraph 1 1. In order to submit a complaint to the ODR platform the co
Amendment 189 #
Proposal for a regulation 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 190 #
Proposal for a regulation Article 7 – paragraph 2 2. The information to be submitted by the co
Amendment 191 #
Proposal for a regulation Article 8 – paragraph 1 1. A complaint submitted to the ODR platform shall only be processed if
Amendment 192 #
Proposal for a regulation Article 8 – paragraph 1 1. A complaint submitted to the platform shall be processed if the complaint form is fully completed. The physical presence of the parties shall not be mandatory for the processing of the complaint.
Amendment 193 #
Proposal for a regulation Article 8 – paragraph 1 1. A complaint submitted to the ODR platform shall be processed, if all mandatory fields are fully completed. In the event of an incomplete submission, the complainant
Amendment 194 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2. Upon receipt of a fully completed complaint form, the ODR platform shall
Amendment 195 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2. Upon receipt of a fully completed complaint form, the ODR platform shall
Amendment 196 #
Proposal for a regulation Article 8 – paragraph 2 – point -a (new) - a) the nature and reasons for the complaint;
Amendment 197 #
Proposal for a regulation Article 8 – paragraph 2 – point a (a) the
Amendment 198 #
Proposal for a regulation 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 it and that by choosing that ADR entity they agree to initiate a dispute resolution procedure;
Amendment 199 #
Proposal for a regulation Article 8 – paragraph 2 – point a a (new) Amendment 200 #
Proposal for a regulation Article 8 – paragraph 2 – point a a (new) (aa) in the event that the respondent party is the trader, an invitation to the respondent party to state, within seven days from receiving the communication, whether he is obliged by national law or has 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 201 #
Proposal for a regulation Article 8 – paragraph 2 – point a b (new) (ab) in the event that the respondent party is a consumer, an invitation to the respondent party to select, within seven days from receiving the communication, one or more ADR entities from the list provided, specifying that there is no obligation on the consumer to make such a selection;
Amendment 202 #
Proposal for a regulation Article 8 – paragraph 2 – point a c (new) (ac) in the event that the respondent party is a consumer and the trader as complainant party has stated in the complaint form that he is obliged by national law or has committed to use a specific ADR entity, an invitation to the respondent party to agree, within seven days from receiving the communication, to use this specific ADR entity, specifying that there is no obligation on the consumer to make this decision;
Amendment 203 #
Proposal for a regulation Article 8 – paragraph 2 – point a d (new) (ad) the information that in the event that the consumer chooses an ADR entity that the trader is obliged, has committed or is willing to use, the platform shall automatically transmit the complaint to that ADR entity;
Amendment 204 #
Proposal for a regulation Article 8 – paragraph 2 – point b Amendment 205 #
Proposal for a regulation Article 8 – paragraph 2 – point b (b)
Amendment 206 #
Proposal for a regulation 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) (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 (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 209 #
Proposal for a regulation Article 8 – paragraph 2 – point c (c) a list of all competent ADR entities, if any are identified
Amendment 210 #
Proposal for a regulation Article 8 – paragraph 2 – point c – point i (new) i) the name and website address of the ADR entity;
Amendment 211 #
Proposal for a regulation 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) ii) the language or languages in which the procedure will be conducted;
Amendment 213 #
Proposal for a regulation Article 8 – paragraph 2 – point c – point ii (new) ii) the cost of the procedure, if applicable;
Amendment 214 #
Proposal for a regulation Article 8 – paragraph 2 – point c – point iii (new) iii) the average length of the ADR procedure;
Amendment 215 #
Proposal for a regulation Article 8 – paragraph 2 – point c – point iii (new) iii) the language or languages in which the procedure will be conducted;
Amendment 216 #
Proposal for a regulation Article 8 – paragraph 2 – point c – point iv (new) iv) the binding or non-binding nature of the outcome of the procedure
Amendment 217 #
Proposal for a regulation Article 8 – paragraph 2 – point c – point iv (new) iv) the average length of the ADR procedure;
Amendment 218 #
Proposal for a regulation 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 219 #
Proposal for a regulation Article 8 – paragraph 2 – point c – point v (new) v) the binding or non-binding nature of the outcome of the procedure
Amendment 220 #
Proposal for a regulation Article 8 – paragraph 2 – point c – point vi (new) vi) the grounds on which the ADR entity may refuse to deal with a given dispute in accordance with Article 5(4) and (5) 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)];
Amendment 221 #
Proposal for a regulation Article 8 – paragraph 2 – point e Amendment 222 #
Proposal for a regulation Article 8 – paragraph 2 – point e Amendment 223 #
Proposal for a regulation Article 8 – paragraph 2 – point f Amendment 224 #
Proposal for a regulation Article 8 – paragraph 2 – point f Amendment 225 #
Proposal for a regulation Article 8 – paragraph 2 – point g Amendment 226 #
Proposal for a regulation Article 8 – paragraph 2 – point g Amendment 227 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 228 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3.
Amendment 229 #
Proposal for a regulation Article 8 – paragraph 3 – point a (a) the
Amendment 230 #
Proposal for a regulation Article 8 – paragraph 3 – point b (b) the
Amendment 231 #
Proposal for a regulation Article 8 – paragraph 3 – point c (c) the
Amendment 232 #
Proposal for a regulation Article 8 – paragraph 3 – point d Amendment 233 #
Proposal for a regulation Article 8 – paragraph 3 – point d Amendment 234 #
Proposal for a regulation Article 8 – paragraph 3 – point d (d) the
Amendment 235 #
Proposal for a regulation 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) (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 (e) the
Amendment 238 #
Proposal for a regulation 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) 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) iii) the average length of the ADR procedure;
Amendment 241 #
Proposal for a regulation 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) v) the grounds on which the ADR entity may refuse to deal with a given dispute
Amendment 243 #
Proposal for a regulation Article 8 – paragraph 3 a (new) Amendment 244 #
Proposal for a regulation Article 8 – paragraph 3 b (new) 3b. In the event that the complainant party chooses a competent ADR entity identified in accordance with the provisions of this Article, the platform shall automatically transmit the complaint to that ADR entity;
Amendment 245 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 246 #
Proposal for a regulation Article 8 – paragraph 4 4. Where the parties fail to reply to the platform or to agree on one competent ADR entity within 20 days, the complaint shall not be processed further.
Amendment 247 #
Proposal for a regulation Article 8 – paragraph 5 5. Where the
Amendment 248 #
Proposal for a regulation 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
Amendment 249 #
Proposal for a regulation Article 8 – paragraph 6 Amendment 250 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part ADR entities to which a complaint has been transmitted in accordance with Article 8 shall
Amendment 251 #
Proposal for a regulation Article 9 – paragraph 1 – point a Amendment 252 #
Proposal for a regulation Article 9 – paragraph 1 – point b Amendment 253 #
Proposal for a regulation 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
Amendment 254 #
Proposal for a regulation Article 9 – paragraph 1 – point b Amendment 255 #
Proposal for a regulation Article 9 – paragraph 1 – point b (b) if, following the notification of the dispute to the parties, the parties agree to institute proceedings before the entity,
Amendment 256 #
Proposal for a regulation Article 9 – paragraph 1 – point c Amendment 257 #
Proposal for a regulation 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
Amendment 258 #
Proposal for a regulation 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.
Amendment 259 #
Proposal for a regulation Article 12 – paragraph 1 (1) ODR facilitators
Amendment 260 #
Proposal for a regulation Article 13 – paragraph 1 1. Traders established within the Union that engag
Amendment 261 #
Proposal for a regulation Article 13 – paragraph 1 1. Traders established within the Union engaging in the
Amendment 262 #
Proposal for a regulation Article 13 – paragraph 1 1. Traders established within the Union engaging in the
Amendment 263 #
Proposal for a regulation Article 13 – paragraph 1 1.
Amendment 264 #
Proposal for a regulation Article 13 – paragraph 1 a (new) 1a. The Commission shall establish and maintain a phone helpline on ADR and ODR, which should be accessible in all Member States and shall offer information and any necessary assistance when submitting complaints;
Amendment 265 #
Proposal for a regulation Article 13 – paragraph 2 2. The provisions in paragraph 1 are without prejudice to the provisions in Article 10 of Directive
Amendment 266 #
Proposal for a regulation Article 16 a (new) Article 16a Penalties Member States shall lay down rules on penalties applicable to infringement of this Regulation and shall take all the measures necessary to ensure that those rules are implemented. The penalties should be effective, proportionate and dissuasive.
Amendment 267 #
Proposal for a regulation Annex 1 – point 1 (1) Name, address and, if applicable, e- mail and website address of the co
Amendment 268 #
Proposal for a regulation Annex 1 – point 2 Amendment 269 #
Proposal for a regulation Annex 1 – point 3 (3) Name, address and, if applicable, e- mail and website address of the
Amendment 270 #
Proposal for a regulation Annex 1 – point 4 Amendment 88 #
Proposal for a regulation 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
Amendment 89 #
Proposal for a regulation 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 the
Amendment 90 #
Proposal for a regulation Recital 3 a (new) (3a) The fragmentation of the Single Market impedes efforts to boost competitiveness and growth. Furthermore, the uneven availability, quality and awareness of simple, efficient and low-cost means of resolving disputes arising from the sale of goods or provision of services across the Union constitutes a barrier within the Single Market which undermines consumers' and traders' confidence in shopping and selling across borders.
Amendment 91 #
Proposal for a regulation Recital 3 b (new) (3b) Realising the potential of online trade would make a substantial contribution to returning the Union to economic growth, but doing so will require the proper integration of the ODR platform and the ADR entities as outlined in [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)].
Amendment 92 #
Proposal for a regulation Recital 5 (5) The Internal Market is a reality for consumers in their daily lives, when they travel, buy and make payments and the effectiveness of the consumer protection policy depends on the extent to which legislation prevents practices and measures that harm consumers' interests. Consumers are key players in the Internal Market and should therefore be at its heart. The digital dimension of the Internal Market is becoming vital for both consumers and traders. Consumers increasingly make purchases over the internet and an increasing number of traders sell online. Consumers and traders should feel confident in carrying out transactions in a digital environment.
Amendment 93 #
Proposal for a regulation Recital 5 (5) The Internal Market is a reality for consumers in their daily lives, when they travel, buy and make payments. Consumers are key players in the Internal Market and should therefore be at its heart. The digital dimension of the Internal Market is becoming vital for both consumers and traders. Consumers increasingly make purchases over the internet and an increasing number of traders sell online. Consumers and traders should feel confident in carrying out transactions in a digital environment. In the current crisis, measures to boost economic growth, job creation and consumer recovery are essential. While the digital market provides a valuable opportunity to achieve these objectives, the European Union must, in order to take advantage of it, be capable of establishing a full digital internal market. It is essential to dismantle existing barriers on the one hand and boost consumer confidence on the other. The existence of a reliable and efficient online dispute settlement system could also greatly help achieve this increase in consumer confidence in the Union.
Amendment 94 #
Proposal for a regulation Recital 6 (6) Being able to seek easy
Amendment 95 #
Proposal for a regulation Recital 6 (6)
Amendment 96 #
Proposal for a regulation Recital 6 (6) Being able to seek easy and low-cost 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. Certain Member States whose national legislation goes beyond the core requirements of the mediation directive appear to have made substantial progress in the non-judicial settlement of civil and commercial disputes. The results obtained indicate that mediation can contribute to cost- effective and rapid extrajudicial dispute settlement by means of procedures tailored to the needs of the parties and ensuring consumer protection.
Amendment 97 #
Proposal for a regulation 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
Amendment 98 #
Proposal for a regulation Recital 8 (8) This Regulation should apply to the out-of-court resolution of disputes concerning contractual
Amendment 99 #
Proposal for a regulation Recital 8 (8) This Regulation should apply to the out-of-court resolution of disputes concerning contractual
source: PE-489.696
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