Parltrack

Proposal for a regulation
Recital 2

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~~y have~~ operation of the internal market should be governed by principles that do not exacerbate social » inequalities, while stressing the need for EU policies to be adjusted to achieve a people-centred internal market focused on people's prosperity, not numbers. At the same time, access to easy and low-cost ways of resolving disputes out of court which arise from the sale of goods or the supply of services online will contribute to this end, subject to the above conditions. This is particularly important when consumers shop cross- border. «

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 #

Pablo ARIAS ECHEVERRÍA

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 ~~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 95 #

Proposal for a regulation
Recital 6

(6) BThe promotion of measures to combat speculation and being able to seek easy and low-cost dispute resolution out of court 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 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 #

Róża Gräfin von THUN UND HOHENSTEIN, Małgorzata HANDZLIK, Andreas SCHWAB

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 the development of electronic commerce.

Amendment 98 #

Proposal for a regulation
Recital 8

(8) This Regulation should apply to the out-of-court resolution of disputes concerning contractual ~~dispute~~obligations between consumers ~~and traders that arise from the online sale of goods or provision of services by traders across borders~~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 Directive..../.... EU [Office of Publications please insert number of Directive of the European Parliament and the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/ED (Directive on consumer ADR)]. This should include disputes arising from the sale or provision of digital content for remuneration. Although consumers and traders carrying out cross-border online transactions, in particular, will benefit from such an online dispute resolution mechanism, this Regulation should also apply to domestic online transactions in order to allow for a true level playing field in the area of electronic commerce. It should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a Member State of the Union at the time when the consumer orders such goods or services ~~or the trader and the consumer are established or resident in the same Member State~~.

Amendment 99 #

Proposal for a regulation
Recital 8

(8) This Regulation should apply to the out-of-court resolution of disputes concerning contractual ~~dispute~~obligations between consumers ~~and traders that~~resident in the Union and traders established in the Union ariseing from the cross-border online sale of goods or provision of services by traders across borders. This should include disputes arising from the sale or provision of digital content for remuneration. It should not apply to disputes between consumers and traders that arise from ~~the~~ online sale ~~of goods or provision of service~~s contracts or services contracts if at least one of them is not established or resident in a Member State of the Union at the time when the consumer orders such goods or services or the trader and the consumer are established or resident in the same Member State.

Amendment 100 #

Proposal for a regulation
Recital 8

(8) This Regulation should apply to the out-of-court resolution of contractual disputes ~~between~~initiated by consumers andgainst traders that arise from the online sale of goods or provision of services by traders across borders. It should not apply to disputes ~~between~~initiated by consumers andgainst traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a Member State of the Union at the time when the consumer orders such goods or services or the trader and the consumer are established or resident in the same Member State.

Amendment 101 #

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 online sale of goods or provision of services by traders across borders. It should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a Member State of the Union at the time when the consumer orders such goods or services or the trader and the consumer are established or resident in the same Member State. The development within the European Union of well-functioning alternative dispute resolution is necessary to strengthen consumers' confidence in the internal market, including in the area of e- commerce. Such development should build on existing ADR procedures in the Member States and respect their legal traditions. The dissemination of ADR can also prove to be important in those countries in which there is a substantial backlog of cases pending before the courts, which does not enable EU citizens to exercise their right to a fair trial within a reasonable time.

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. However, if the contract is concluded for purposes partly within and partly outside the person's trade (dual purpose contracts) and the trade purpose is so limited as not to be predominant in the overall context of the supply, that person should also be considered as a consumer.

Amendment 103 #

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 neither claims by traders against consumers nor disputes between traders.

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 ~~between~~initiated by consumers andgainst traders that arise from the cross-border sale of goods or provision of services offline. This Regulation should not apply to disputes between traders.

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 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

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 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 108 #

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 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 transactions. ItThe platform should allow consumers and traders to submit complaints by filling in an electronic complaint form available in all official languages of the Union and transmit complaints to an alternative dispute resolution (‘ADR’) entity competent to deal with the dispute concerned. The ODR platform should ~~offer to ADR entities and the parties the possibility of conducting the dispute resolution procedure via the platform~~be interoperable with existing ADR entities operating online. The complaint form should contain only that information which is necessary to identify the ADR entity or entities competent to deal with a dispute.

Amendment 109 #

Proposal for a regulation
Recital 14

(14) This Regulation aims at creating an online dispute resolution (‘'ODR’') platform at European level. The Commission should be responsible for the establishment and maintenance of the ODR platform. The ODR platform should take the form of an 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~~n e-commerce transaction. 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 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 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 #

Róża Gräfin von THUN UND HOHENSTEIN, Małgorzata HANDZLIK

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 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

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 applicable to those procedures that will safeguard their effectiveness. ~~This should include rules ensuring that such dispute resolution is accomplished expeditiously.~~

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~~. «~~, without the physical presence of the parties or their representatives being required before the ADR body. However, the parties may decide that their physical presence is essential.

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) ~~A network of online disput~~ODR contact points should be resolution facilitators should provide support to the resolution of disputes relating to complaints submitted via the ODR platform. That network should be composed of contact points for ODR in the Member States which host online dispute resolution facilitatorstablished to provide support to consumers seeking to resolve their dispute with a trader through the ODR platform. ODR contact points should assist with the submission of the complaint and provide general information in relation to online dispute resolution procedures. ODR contact points should not be obliged to translate any documents or obliged to resolve disputes directly.

Amendment 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 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 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. Member States should, in implementing the Directive, provide for instruments such as the condition of admissibility, governed by the rulings of the Court of Justice of the European Union, also for a transitional period of no less than five years from its entry into force, to ensure that its principles are genuinely applied and to promote the mediation culture, ensuring that both litigants at least have to adhere to it. It would be desirable for the use of ADR to be made compulsory in those Member States in which the legal system has been recognised by the OECD as being prejudicial to the rights of claimants to a fair trial within a reasonable time.

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 their websites about the existence of the ODR platform and provide an electronic link to its homepage. They should also provide such information when a consumer submits a complaint to the trader, a consumer complaint handling system operated by the trader or a company ombudsman. This obligation should be without prejudice to Article 10(1)-(3) of Directive .~~…/…~~.../.../EU [Office of Publications insert reference number] concerning the information of consumers by traders about the ADR procedures by which those traders are covered and about whether or not they commit to use alternative dispute resolution procedures to resolve disputes with consumers. Furthermore, this obligation should be without prejudice to Articles 6(1)(t) and 8 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights18 . Article 6(1)(t) of Directive 2011/83/EU stipulates for consumer contracts concluded at a distance or off premises that the trader has to inform the consumer about the possibility of having recourse to an out- of-court complaint and redress mechanism to which the trader is subject, and the methods for having access to it, before the consumer is bound by the contract.

Amendment 124 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

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 ~~alternative~~extrajudicial 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 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 ~~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~~which is established on a durable basis, complies 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)], 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)] and involving the use of a European online dispute resolution platform.

Amendment 133 #

Proposal for a regulation
Article 4 – paragraph 1 – point c

(c) ‘"online sale of goods or provision of services’" means a transaction for the sale of goods or provision of services which are covered by Directive .../... EU [Office of Publications please insert number of Directive of the European Parliament and the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/ED (Directive on Consumer ADR)] where the trader, or the trader's intermediary, has offered goods or services on a website or by other electronic means and the consumer has ordered such goods or services on that website or by other electronic means;"

Amendment 134 #

Proposal for a regulation
Article 4 – paragraph 1 – point g – introductory part

(g) ‘"alternative dispute resolution procedure’" (hereinafter ‘"ADR procedure’") means a procedure for the out- of-court resolution of a dispute through the intervention of a ~~dispute resolution~~n ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution as referred to in Article 2 of Directive [Office of Publications insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)] and is carried out by an ADR entity;

Amendment 135 #

Proposal for a regulation
Article 4 – paragraph 1 – point g – introductory part

(g) ‘"alternative dispute resolution procedure’" (hereinafter ‘"ADR procedure’") means a procedure ~~for the out-of-court resolution of a~~, as referred to in Article 2(1) 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)], for the out-of-court resolution of domestic and cross-border contractual disputes 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 and which complies 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)]; Procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed by or receive any form of remuneration from the trader, direct negotiation between the consumer and the trader, whether represented or not, and attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute shall not be regarded as ADR procedures;

Amendment 136 #

Proposal for a regulation
Article 4 – paragraph 1 – point g – paragraph 1

Procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader, procedures before consumer complaint handling systems operated by the trader, direct negotiation between the consumer and the trader, whether represented or not, and attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute shall not be regarded as ADR procedures;deleted

Amendment 137 #

Proposal for a regulation
Article 4 – paragraph 1 – point g – paragraph 1

Procedures before ~~dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader, procedures before~~ consumer complaint handling systems operated by the trader, direct negotiation between the consumer and the trader, whether represented or not, and attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute shall not be regarded as ADR procedures;.

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) ‘"alternative dispute resolution entity’," (hereinafter ‘"ADR entity’") means an entity ~~covered by~~that has been listed in accordance with Article ~~4(e~~17(2) of Directive [Office of Publications insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)] ~~which has been communicated to the Commission in accordance with Article 17(2) of that Directive;~~.

Amendment 140 #

Proposal for a regulation
Article 4 – paragraph 1 – point i

~~(i) ‘complainant party’ means the consumer or the trader that has submitted a complaint via the European online dispute resolution platform;~~deleted

Amendment 141 #

Proposal for a regulation
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 142 #

Proposal for a regulation
Article 4 – paragraph 1 – 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;~~deleted

Amendment 143 #

Proposal for a regulation
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

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 ‘'ODR platform’)'), and provide prominent links to the platform on the Your Europe Portal and other Commission websites offering consumer information, such as the ECC Net website.

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 ~~and traders~~seeking 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 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~~he out-of- court resolution of disputes covered by this Regulation~~o submit disputes to the ADR entities notified to the European Commission 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 148 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

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) ~~propos~~identifying, 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~~which are competent to deal with the dispute, and providing information to the parties on the costs of their procedure, if applicable, procedural rules, if any, concerning thresholds and time limits, the language or languages in which the procedure will be conducted, the a~~pproximat~~verage length of the procedure~~s or informing the complainant party that based on the information submitted, no competent ADR entity could be identified~~ and the binding or non-binding nature of its outcome;

Amendment 151 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

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 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

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 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

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 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

Proposal for a regulation
Article 5 – paragraph 3 – point c

Amendment 156 #

Proposal for a regulation
Article 5 – paragraph 3 – point d

(d) ~~enabling~~offering, 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;

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 on the ADR entity which has handled their dispute and subsequently making this feedback accessible to assist other parties in choosing an ADR entity for their dispute.

Amendment 159 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

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 ~~…./…~~..../.../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)] which deal with disputes covered by this Regulation. The information should be provided in a clear and unambiguous manner, be easily accessible by electronic means and be kept up to date;

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 number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)] which deal with disputes covered by this Regulation; the information must be available online in a clear and comprehensible form, easily accessible and constantly updated.

Amendment 162 #

Proposal for a regulation
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 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~~ts maintenance~~ncluding translation, maintenance and funding and as regards data security.

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 ~~facilitator~~contact points

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. ~~Each ODR contact point shall host at least two online dispute resolution facilitators (hereinafter ‘ODR facilitators’)..~~

Amendment 168 #

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~~their respective centres of the European Consumer Centre Network~~, on consumer associations or on any other body~~ as ODR contact point and communicate its name and contact details to the Commission. Each ODR contact point shall host at least two con~~line dispute resolution facilitators (hereinafter ‘ODR facilitat~~sumer advisors’).

Amendment 169 #

Proposal for a regulation
Article 6 – paragraph 2 – introductory part

2. The ODR ~~facilitator~~contact points shall provide support to the resolution of disputes relating to complaints submitted via the platform by fulfilling the following functions:

Amendment 170 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

Proposal for a regulation
Article 6 – paragraph 2 – introductory part

2. The ODR ~~facilitator~~contact points shall provide support to the resolution of disputes relating to complaints submitted via the platform by fulfilling the following functions:

Amendment 171 #

Proposal for a regulation
Article 6 – paragraph 2 – point a

(a) if ~~necessary,~~requested, assisting the parties and facilitating communication between the ~~parties~~m and the competent ADR entity;. This may include, in particular:

Amendment 172 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

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 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

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 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

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 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

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 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

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 ~~consumers~~the complainant party of other means of redress when a dispute cannot be resolved via the ODR platform, for example when the ~~trader~~parties fails to agree to the use of ADR, where no competent ADR entity can be identified or the ADR entity is unable to deal with the complaint on the basis of its procedural rules;

Amendment 180 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

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 #

Róża Gräfin von THUN UND HOHENSTEIN, Andreas SCHWAB

Proposal for a regulation
Article 6 – paragraph 3

3. The Commission shall establish a network of online dispute resolution facilitators (hereinafter the ‘ODR facilitators’ network‘) which shall enable cooperation between ODR facilitators and contribute to the performance of the functions set out in paragraph 2.deleted

Amendment 182 #

Proposal for a regulation
Article 6 – paragraph 3

3. The Commission shall establish a network of ~~online dispute resolution facilitator~~ODR contact points (hereinafter the ‘'ODR ~~facilitators’~~contact point network‘') which shall enable cooperation between ODR ~~facilitator~~contact points and contribute to the performance of the functions set out in paragraph 2.

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 ~~facilitators'~~contact points network in order to permit an exchange of best practice, and a discussion of any recurring problems encountered in the operation of the ODR platform.

Amendment 185 #

Proposal for a regulation
Article 6 – paragraph 4

4. The Commission shall at least ontwice every year convene a meeting of members of the ODR ~~facilitators'~~contact point network in order to permit an exchange of best practice, and a discussion of any recurring problems encountered in the operation of the ODR platform.

Amendment 186 #

Proposal for a regulation
Article 6 – paragraph 5

5. The Commission shall adopt the rules concerning the modalities of the cooperation between the ODR ~~facilitator~~contact points through implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(3).

Amendment 187 #

Proposal for a regulation
Article 6 – paragraph 5

5. The Commission shall adopt the rules concerning the modalities of the cooperation between the ODR facilitators through implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(3)be empowered to adopt delegated acts in accordance with Article 16 concerning the rules for the modalities of the cooperation between the ODR contact points.

Amendment 188 #

Proposal for a regulation
Article 7 – paragraph 1

1. In order to submit a complaint to the ODR platform the co~~mplainant party~~nsumer shall fill in the electronic complaint form which shall be available on the platform's website. The co~~mplainant party~~nsumer may attach to the complaint form any documents in electronic form in support of his complaint.

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~~mplainant party~~nsumer shall be sufficient to determine the competent ADR entity. This information is described in the Annex.

Amendment 191 #

Proposal for a regulation
Article 8 – paragraph 1

1. A complaint submitted to the ODR platform shall only be processed if ~~the complaint form is fully completed~~all 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 192 #

Christel SCHALDEMOSE

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 ~~form is fully completed~~party shall be informed about the possibility of contacting the ODR contact point.

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 ~~communicate to the complainant party, in the language of the complaint, and send by e-mail to the respondent party, in the language of the contract~~transmit to the trader, in the language of the contract or website, the following:

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 ~~communicate to the complainant party, in the language of the complaint, and send by e-mail~~in an easily understandable way and without delay transmit to the respondent party, in the language of the contract or website, the following:

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 ~~information that the parties have to agree on one competent ADR entity in order for the complaint to be transmitted to i~~nature and the grounds of the complaint;

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)

(aa) the information that the parties have to agree on one competent ADR entity in order for the complaint to be transmitted to it;

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 #

Christel SCHALDEMOSE

Proposal for a regulation
Article 8 – paragraph 2 – point b

~~(b) 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;~~deleted

Amendment 205 #

Proposal for a regulation
Article 8 – paragraph 2 – point b

(b) ~~the information that in the event that the parties fail to agree on one competent ADR entity~~an invitation to the trader to state, within seven days from receiving the communication, whether he is obliged by national law or tha~~t no competent ADR entity is identified, the complaint shall not be processed further~~s committed to use a specific ADR entity and, if applicable, if he is willing to use another ADR entity stated in the list referred to in (c);

Amendment 206 #

Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)

(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;. The list shall include a description of the following characteristics of each entity:

Amendment 210 #

Proposal for a regulation
Article 8 – paragraph 2 – point c – point i (new)

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

~~(e) an invitation to the consumer to select one or more ADR entities from the list provided, specifying that there is no obligation on the consumer to make such a selection;~~deleted

Amendment 222 #

Proposal for a regulation
Article 8 – paragraph 2 – point e

~~(e) an invitation to the consumer to select one or more ADR entities from the list provided, specifying that there is no obligation on the consumer to make such a selection;~~deleted

Amendment 223 #

Proposal for a regulation
Article 8 – paragraph 2 – point f

(f) an invitation to the trader to select one or more ADR entities from the list provided, in the event that none of those entities correspond to an entity the trader 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)];deleted

Amendment 224 #

Proposal for a regulation
Article 8 – paragraph 2 – point f

Amendment 225 #

Proposal for a regulation
Article 8 – paragraph 2 – point g

(g) the information that in the event that the consumer chooses 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)], the platform shall automatically transmit the complaint to that ADR entity.deleted

Amendment 226 #

Proposal for a regulation
Article 8 – paragraph 2 – point g

Amendment 227 #

Proposal for a regulation
Article 8 – paragraph 3

3. The communication referred to in paragraph 2 shall include a description of the following characteristics of each entity: (a) their fees, if applicable; (b) the language or languages in which the procedure will be conducted; (c) the approximate length of the procedure; (d) the need for the physical presence of the parties or of their representatives, if applicable; (e) the binding or non-binding nature of the outcome of the procedure.deleted

Amendment 228 #

Proposal for a regulation
Article 8 – paragraph 3 – introductory part

3. ~~The communic~~Upon receipt from the trader of the information referred to in paragraph 2(b) the platform shall, in~~clude a description of the following characteristics of each entity~~ the language of the complaint, communicate to the consumer the following:

Amendment 229 #

Proposal for a regulation
Article 8 – paragraph 3 – point a

(a) the~~ir fees, if applicable~~ information that the parties have to agree on one competent ADR entity in order for the complaint to be transmitted to it;

Amendment 230 #

Proposal for a regulation
Article 8 – paragraph 3 – point b

(b) the ~~language or languages in which the procedure will be conducted~~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 231 #

Proposal for a regulation
Article 8 – paragraph 3 – point c

(c) the ~~approximate length of the procedure~~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 232 #

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;~~deleted

Amendment 233 #

Christel SCHALDEMOSE

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;~~deleted

Amendment 234 #

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~~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 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 ~~binding or non-binding nature of the outcome of the procedure.~~ADR entity or, if applicable, the ADR entities which the trader has stated in accordance with paragraph 2(b), including a description of the following characteristics of that entity or, if applicable, each of those entities:

Amendment 238 #

Proposal for a regulation
Article 8 – paragraph 3 – point e – point i (new)

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)

way, in the language of the complaint, communicate to the complainant party the following: (a) the information that the parties have to agree on one competent ADR entity in order for the complaint to be transmitted to it; (b) the information that in the event that the consumer as respondent party has chosen an ADR entity the trader is obliged, has committed or is willing to use, the platform has automatically transmitted the complaint to that ADR entity3a. Upon receipt from the respondent party of the information referred to in paragraph 2 and without delay the platform shall in an easily understandable if applicable, to select one of the ADR entities chosen by the respondent party in accordance with paragraph 2, specifying that there is no obligation on the consumer to make such a selection; (cf) the information that in the event that the ~~parties fail to agree in one competent ADR entity or that no~~complainant party chooses a competent ADR entity is identified, the complaint shall not be processed further; (d) the ADR entity or, if applicable, the ADR entities which the respondent party has chosen in accordance with paragraph 2, including a description of the following characteristics of that entity or, if applicable, each of those entities: (i) the name and website address of the ADR entity; (ii) the costs for the procedure, if applicable; (iii) the language or languages in which the procedure will be conducted; (iv) the average length of the ADR procedure; (v) the binding or non-binding nature of the outcome of the procedure; (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. (e) an invitation to the complainant party to accept, within seven days from receiving the communication, the ADR entity selected by the respondent party or, in accordance with the provisions of this Article, that the platform shall automatically transmit the complaint to that ADR entity; (g) the name and contact details of the ODR contact point in the place of residence for the consumer and in the place of establishment for the trader, as well as a brief description of the functions referred to in [Article 6(2)(a), (b) and (d)].

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. Where the parties fail to reply to the platform or to agree on one competent ADR entity, the complaint shall not be processed further. The consumer shall be informed of the possibility of contacting an ODR facilitator for information on other means of redresUpon receipt from the consumer of the information referred to in paragraph 3(e) the platform shall automatically transmit the complaint to the ADR entity selected by the parties.

Amendment 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. ~~The consumer shall be informed of the possibility of contacting an ODR facilitator for information on other means of redress.~~

Amendment 247 #

Proposal for a regulation
Article 8 – paragraph 5

5. Where 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 the parties choose the same ADR entity in their replies, the platform shall automatically transmit the complaint to that ADR entityparties fail to reply to the platform or to agree on one competent ADR entity within 30 days, the complaint shall not be processed further. The consumer shall be informed of the possibility of contacting an ODR contact point for general information on other means of redress.

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 ~~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 249 #

Proposal for a regulation
Article 8 – paragraph 6

6. In the event that the parties agree on more than one ADR entity, the consumer shall be requested to select one of the ADR entities agreed upon. The platform shall automatically transmit the complaint to that ADR entity.deleted

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: without undue delay transmit the date of the conclusion and the result of the procedure to the ODR platform.

Amendment 251 #

Proposal for a regulation
Article 9 – paragraph 1 – point a

~~(a) without delay notify the parties of the dispute and inform them of their rules of procedure and of the fees applicable to the resolution of the dispute concerned;~~deleted

Amendment 252 #

Proposal for a regulation
Article 9 – paragraph 1 – point b

Amendment 253 #

Mitro REPO, Sirpa PIETIKÄINEN

Proposal for a regulation
Article 9 – point b

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, normally accomplish the conclusion of the dispute resolution procedure within 30a timeframe of 90 calendar days from wthen t~~he proceedings have been instituted~~ime when the ADR entity officially opens the procedure. In the case of complex or technical disputes, the ADR entity may extend this time limit in order to guarantee high-quality dispute resolution;

Amendment 256 #

Proposal for a regulation
Article 9 – paragraph 1 – point c

(c) without delay transmit the following information to the ODR platform: (i) date of receipt and subject-matter of the dispute; (ii) date of notification of the dispute to the parties; (iii) date of conclusion and result of the procedure.deleted

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 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)

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 #

Ildikó GÁLL-PELCZ

Proposal for a regulation
Article 12 – paragraph 1

(1) ODR facilitators ~~and~~shall be subject to rules of professional secrecy or other equivalent duties of confidentiality laid down in the legislation of the Member State of their ODR contact point. ADR entities shall be subject to rules of professional secrecy or other equivalent duties of confidentiality laid down in ~~national~~the legislation of the Member State where they are based.

Amendment 260 #

Proposal for a regulation
Article 13 – paragraph 1

1. Traders established within the Union that engag~~ing~~e in the cross-border online sale of goods or provision of services ~~shall inform consumers about the ODR platform and about their e-mail address. This information shall be made easily, directly, prominently and permanent~~and who are obliged to use an ADR entity under national legislation or who commit to use an ADR entity or ADR entities shall inform consumers on their website about the existence of the ODR platform and provide an electronic link to its website. This information shall be mentioned in a clear, comprehensible and easily accessible way on the traders' websites and, if the offer is made by e-mail or another textual message transmitted by electronic means, in that message. It shall include an electronic link to the ODR platform's homepage. TSuch traders shall also inform consumers about the ODR platform in response to a consumer complaint when the consumer submits a complaint to the trader, a consumer complaint handling system operated by the trader or to a company ombudsman.

Amendment 261 #

Hans-Peter MAYER

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 service~~online sales or service contracts shall inform consumers about ~~the ODR platform and about~~ their e-mail address. This information shall be made easily, directly, prominently and permanently accessible on the traders' websites and, if the offer is made by e-mail or another textual message transmitted by electronic means, in that messageWhen the trader is obliged or commits to use ADR entities to resolve cross - border disputes with consumers he shall also inform the consumer about the existence of the ODR Platform. This information shall be mentioned in a clear and comprehensible manner. It shall include an electronic link to the ODR platform's homepage. TSuch traders shall also inform consumers about the ODR platform when the consumer submits a complaint to the trader, a consumer complaint handling system operated by the trader or to a company ombudsman.

Amendment 262 #

Andreas SCHWAB

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 m~~ade easily, directly, prominently and permanently accessible on the traders' websites and, if the offer is made by e-mail or another textual message transmitted by electronic~~entioned in a clear and comprehensible mean~~s, in that message~~ner. It shall include an electronic link to the ODR platform's homepage. Traders shall also inform consumers about the ODR platform when the consumer submits a complaint to the trader, a consumer complaint handling system operated by the trader or to a company ombudsman.

Amendment 263 #

Wim van de CAMP

Proposal for a regulation
Article 13 – paragraph 1

1. TWhen online traders established within the European Union engaging in the cross- border online sale of goods or provision of services have committed to use ADR, they shall inform consumers about the ODR platform ~~and about their e-mail address~~.. This information shall be made easily, directly, prominently and permanently accessible on the traders' websites and, if the offer is made by e-mail or another textual message transmitted by electronic means, in that message. It shall include an electronic link to the ODR platform's homepage. Traders shall also inform consumers about the ODR platform when the consumer submits a complaint to the trader, a consumer complaint handling system operated by the trader or to a company ombudsman.

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 ~~…./…~~..../.../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 ~~procedur~~entity or ADR entities by which those traders are covered and about whether or not those traders commit to use ~~alternative dispute resolution procedur~~these ADR entities to resolve disputes with consumers.

Amendment 266 #

Ildikó GÁLL-PELCZ

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~~mplainant party~~nsumer;

Amendment 268 #

Proposal for a regulation
Annex 1 – point 2

~~(2) Whether the complainant party is a consumer or a trader;~~deleted

Amendment 269 #

Proposal for a regulation
Annex 1 – point 3

(3) Name, address and, if applicable, e- mail and website address of the ~~respondent party~~trader;

Amendment 270 #

Proposal for a regulation
Annex 1 – point 4

~~(4) Whether the respondent party is a consumer or a trader;~~deleted

source: PE-489.696

2012/09/05 JURI 40 amendments...

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 ~~online~~ sale of goods or provision of services by traders ~~across borders~~. It should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a Member State of the Union at the time when the consumer orders such goods or services ~~or the trader and the consumer are established or resident in the same Member State~~. This Regulation should be limited to complaints submitted by consumers against traders.

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 consumers ~~and traders~~ seeking to resolve contractual disputes out-of-court ~~which have arisen from a cross-border e-commerce transaction~~. 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 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 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 ~~by which those traders are covered and about whether or not they commit to use alternative dispute resolution procedur~~when they commit to use these entities to resolve disputes with consumers. Furthermore, this obligation should be without prejudice to Articles 6(1)(t) and 8 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. Article 6(1)(t) of Directive 2011/83/EU stipulates for consumer contracts concluded at a distance or off premises that the trader has to inform the consumer about the possibility of having recourse to an out-of- court complaint and redress mechanism to which the trader is subject, and the methods for having access to it, before the consumer is bound by the contract.

Amendment 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 ~~about whether or not they commit to use alternative dispute resolution procedures~~which they commit to use to resolve disputes with consumers. Furthermore, this obligation should be without prejudice to Articles 6(1)(t) and 8 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. Article 6(1)(t) of Directive 2011/83/EU stipulates for consumer contracts concluded at a distance or off premises that the trader has to inform the consumer about the possibility of having recourse to an out-of- court complaint and redress mechanism to which the trader is subject, and the methods for having access to it, before the consumer is bound by the contract.

Amendment 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~~, the modalities for the submission of a complaint~~ and co- operation within the ODR facilitators' network. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers. ~~The advisory procedure should be used for the adoption of implementing acts relating to the electronic complaint form given its purely technical nature.~~ The examination procedure should be used for the adoption of the rules concerning the modalities of cooperation between the ODR facilitators of the network of online dispute resolution facilitators.

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 ~~cross-border online~~ sale of goods or provision of services between consumers and traders ~~through the intervention of~~and referred by consumers to 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 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 intervention of a dispute resolution entity which ~~proposes or imposes a solution~~adopts a decision binding or non-binding on the parties or brings the parties together with the aim of ~~facilitating an amicable solution~~reaching a mutually acceptable agreement;

Amendment 71 #

Proposal for a regulation
Article 4 – point g – subparagraph 2

Amendment 72 #

Proposal for a regulation
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;~~deleted

Amendment 73 #

Proposal for a regulation
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;~~deleted

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~~mplainant party;~~nsumer; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 77 #

Sajjad KARIM

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~~complainant based upon those entities the trader has committed to use, 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 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; the competent ADR entities shall established on the basis of the place of residence of the parties or of their habitual place of residence on the territory of a Member State;

Amendment 79 #

Sajjad KARIM

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 on the ADR entity which has handled their dispute.~~deleted

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 ~~lay down the modalities of the electronic complaint form by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 15(2)~~be empowered to adopt delegated acts in accordance with article 16 to lay down the modalities of the electronic complaint form. Before adopting such delegated acts, the Commission shall consult the European Data Protection Supervisor.

Amendment 84 #

Proposal for a regulation
Article 7 – paragraph 6

~~6. Only data which are accurate, relevant and not excessive in relation to the purposes for which they are collected shall be processed through the electronic complaint form and its attachments.~~deleted

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~~mplainant party~~nsumer, in the language of the complaint, and send by e- mail to the ~~respondent party~~trader, in the language of the contract, the following: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 86 #

Francesco Enrico SPERONI

Proposal for a regulation
Article 8 – paragraph 3 – point a

(a) their fees~~, if applicable~~;

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 resolution procedure within ~~30 days~~a reasonable time from when the proceedings have been instituted. ~~In the case of complex disputes, the ADR entity may extend this time limit;~~

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 3090 working days from ~~when the proceedings have been instituted~~the date on which the complaint has been notified to the parties in accordance with Article 8 (d) 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)]. In the case of complex disputes, the ADR entity may extend this time limit;

Amendment 90 #

Sajjad KARIM

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 390 days from when the proceedings have been instituted. ~~In the cas~~Where disputes are of a complex ~~disputes, the ADR entity may extend this time limit;~~or highly technical nature the ADR entity may, at their discretion, choose to extend this time period. Any extension shall be informed to the parties, together with an expected approximate length for the conclusion of the dispute.

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 easily, directly, prominently and permanently accessible on the traders' websites and, if the offer is made by e-mail or another textual message transmitted by electronic means, in that message. It shall include an electronic link to the ODR platform's homepage. Traders shall also inform consumers about the ODR platform when the consumer submits a complaint to the trader, a consumer complaint handling system operated by the trader or to a company ombudsmanclearly and easily accessible on the traders' websites. It shall include an electronic link to the ODR platform's homepage.

Amendment 95 #

Proposal for a regulation
Article 13 – paragraph 2

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 ~~procedur~~entity or ADR entities by which those traders are covered ~~and about whether or not~~when those traders commits to use ~~alternative dispute resolution procedur~~these entities to resolve disputes with consumers.

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 ~~about whether or not those traders commit to use alternative dispute resolution procedures~~which they commit to use to resolve disputes with consumers.

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

~~(2) Whether the complainant party is a consumer or a trader;~~deleted

Amendment 99 #

Proposal for a regulation
Annex – point 4

~~(4) Whether the respondent party is a consumer or a trader;~~deleted

Amendment 100 #