[ParlTrack]

Proposal for a directive
Recital 2 a (new)

(2 a) To enable this Directive to reach its full potential and deliver for consumers, the participation of traders in the transport and tourism sectors should become mandatory, as these are two sectors where there is a high number of complaints by consumers. This should however not prevent parties from exercising their rights to access the judicial system. In Member States where national law makes the participation in such procedures voluntary, traders choosing not to participate should still be required to provide an explanation for this decision and make it publicly available.

2024/01/30
Committee: TRAN

Ciarán CUFFE

Proposal for a directive
Recital 6 a (new)

(6 a) It should be noted that not all ADR entities have the expertise to deal with non-contractual matters, in particular unfair commercial practices and terms. Therefore, procedures of ADR entities in this area should be limited to unfair commercial practices and terms with a personal scope, and hence only cover matters where a damage or loss, material or immaterial, has occurred to the consumer directly. In addition, only ADR entities that can demonstrate necessary expertise in the relevant area, covering the relevant economic sector in its entirety, such as a sectorial ombudsman, should be empowered to take on such procedures. Moreover, the entity should be able to demonstrate a high level of independence as well as sufficient resources, funding, and capacity and apply the applicable law, not fairness, in such cases. The principle of confidentiality of ADR procedures should not apply in these procedures. At the start of any such procedure, the ADR entity should inform the responsible national consumer protection authority or other relevant market regulators about the unfair practice brought to its attention and should keep them informed on a regular basis until the procedure has been closed.

2024/01/30
Committee: TRAN

Ciarán CUFFE

Proposal for a directive
Recital 13

(13) Under Directive 2013/11/EU, Member States may introduce national legislation to make trader participation in ADR compulsory in sectors they deem fit, in addition to sector-specific Union legislation which provides for mandatory participation of traders in ADR. To encourage traders’ participation in the ADR procedures and to ensure due and swift ADR procedures, traders should be required, especially in cases where their participation is not compulsory, to respond within a specific period, not exceeding 10 working days, to enquiries made by ADR entities on whether they intend to participate to the proposed procedure.

2024/01/30
Committee: TRAN

Ciarán CUFFE

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)

Directive 2013/11/EU
Article 1

-1 Article 1 is amended as follows: "Article 1 Subject matter The purpose of this Directive is, through the achievement of a high level of consumer protection, to contribute to the proper functioning of the internal market by ensuring that consumers can, on a voluntary basis, submit complaints against traders to entities offering independent, impartial, transparent, effective, fast and fair alternative dispute resolution procedures. This Directive is without prejudice to national legislation making participation in such procedures mandatory, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system.requires the participation by traders in ADR procedures to be mandatory in the transport and tourism sectors. This shall not prevent the involved parties from exercising their right of access to the judicial system. This Directive is without prejudice to national legislation making participation in such procedures mandatory, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system. Where under national legislation the participation in such procedures is voluntary, Member States shall require traders that choose not to participate to explain their reasons for that choice, and to make their explanation publicly available. "

2024/01/30
Committee: TRAN

Ciarán CUFFE

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive 2013/11/EU
Article 2 – paragraph 1 – point b – point i

(i) unfair commercial practices and terms, where a damage or loss (material or immaterial) has occurred to the consumer directly.

2024/01/30
Committee: TRAN

Ciarán CUFFE

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive 2013/11/EU
Article 2 – paragraph 1 a (new)

ADR entities shall only be empowered to offer to start a procedure under sub-point (b) (i) if all of the following criteria are fulfilled: (a) the entity can demonstrate necessary expertise in the relevant area, covering the relevant economic sector in its entirety; (b) the entity can demonstrate a high level of independence as well as sufficient resources, funding, and capacity; (c) the entity applies applicable law and not fairness when dealing with unfair commercial practices. The principle of confidentiality of ADR procedures shall not apply in these procedures. At the start of any such procedure, the ADR entity shall inform the responsible national consumer protection authority or other relevant market regulators about the unfair practice brought to its attention and shall keep them informed on a regular basis until the procedure has been closed.

2024/01/30
Committee: TRAN

Ciarán CUFFE

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b

Directive 2013/11/EU
Article 5 – paragraph 2 – point a (new)

(aa) ensure that the consumer can submit complaints in the country where he or she resides;

2024/01/30
Committee: TRAN

Ciarán CUFFE

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b

Directive 2013/11/EU
Article 5 – paragraph 2 – point c

(c) ~~grant the right to the parties to the dispute to request~~ensure that the outcome of the ADR procedure beis reviewed by a natural person when the procedure was carried out by automated means;

2024/01/30
Committee: TRAN

Ciarán CUFFE

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d

Directive 2013/11/EU
Article 5 – paragraph 8

8. Member States shall ensure that traders established in their territories that are contacted by an ADR entity from their country or from another Member State, inform that ADR entity whether, or not, they accept to participate in the proposed procedure and reply within a reasonable period of time that shall not exceed 210 working days. In case the trader does not respond within the given timeframe, it shall be deemed as tacit consent by the trader to commence the ADR procedure.

2024/01/30
Committee: TRAN

Ciarán CUFFE

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)

Directive 2013/11/EU
Article 6 – paragraph 1 – point a

3 a. Article 6 paragraph 1 point a is amended as follows: "Article 6 Expertise, independence and impartiality 1. Member States shall ensure that the natural persons in charge of ADR possess the necessary expertise and are independent and impartial. This shall be guaranteed by ensuring that such persons: (a) possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes, as well as a general understanding of law; and that they possess expertise, in particular in private international law, when dealing with cross-border cases; "

2024/01/30
Committee: TRAN

Activities of Ciarán CUFFE related to 2023/0376(COD)

Shadow opinions (1)

Amendments (10)

ParlTrack - 2011-2024