Activites

• 2013/06/18 Final act published in Official Journal
  • Regulation 2013/524
  • OJ L 165 18.06.2013, p. 0001
• 2013/05/21 Final act signed
• 2013/05/21 End of procedure in Parliament
• #3234
• 2013/04/22 Council Meeting
• 2013/04/22 Act adopted by Council after Parliament's 1st reading
• 2013/03/12 Debate in Parliament
  • Debate in Parliament
• 2012/07/17 Committee report tabled for plenary, 1st reading/single reading
  • 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. 

• 2012/07/10 Vote in committee, 1st reading/single reading
• #3169
• 2012/05/30 Council Meeting
  • 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).

• 2011/12/13 Committee referral announced in Parliament, 1st reading/single reading
• #3133
• 2011/12/05 Council Meeting
  • 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.

• 2011/11/29 Legislative proposal published
  • 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

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

History

(these mark the time of scraping, not the official date of the change)