Activities of Petar VITANOV related to 2023/0376(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828
Amendments (10)
Amendment 14 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) In order to reach its full potential and deliver for consumers, this Directive should require the participation of traders to be mandatory in sectors dealing with a high number of consumer complaints, such as transport and tourism sectors, provided that it does not prevent the parties from exercising their right of access to the judicial system. Indeed, several studies have highlighted that transport and tourism sector are dealing with a high number of consumer complaints, especially in the field of air passengers rights.
Amendment 15 #
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2 b) ADR bodies should make publicly available the list of those actors who systematically and without justification refuse to comply with the outcomes of ADR procedures. Furthermore, Member States shall ensure that, where they do not comply with the outcome of an ADR procedure, irrespective of whether the outcome of that procedure is binding, traders are required to provide the other parties to the ADR procedure with written explanation.
Amendment 18 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10 a) In order to enhance the trust of consumers and traders in ADR and to increase their participation in ADR procedures, notably in the sectors of transport and tourism, it is fundamental to ensure that the functioning and the work of consumer ADR entities are of good quality. To this end, the expertise of the ADR entity staff shall be developed. Therefore, staff participating in ADR procedures shall be required to undergo mandatory annual training to ensure that their existing knowledge is kept up to date and in line with recent digital advancements.
Amendment 21 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) In several Member States, consumers are still insufficiently informed about the existence of and services offered by consumer ADR entities. In order to increase consumer awareness of ADR entities and of the traders participating in ADR procedures, traders should provide ADR information to consumers in a clear, comprehensible and easily accessible way. Where the trader has a website, it should present the information on it. The information should also be included in the trader’s general terms and conditions, and on the invoices that it issues.
Amendment 22 #
Proposal for a directive
Recital 15
Recital 15
(15) To provide effective assistance to consumers and traders in cross-border disputes, it is necessary to ensure that Member States establish ADR contact points with clearly defined tasks. European Consumer Centres (“ECCs”) are well placed to perform such tasks, as they are specialised in assisting consumers with issues with their cross-border purchases, but Member States should also be able to choose other bodies with relevant expertise and should ensure that they have adequate budgetary and human resources. Those designated ADR contact points should be communicated to the Commission.
Amendment 25 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2013/11/EU
Article 1
Article 1
Amendment 28 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – introductory part
Article 1 – paragraph 1 – point 2 – introductory part
2. In Article 4(1), points (e) and (f) are replaced replaced by the following:
Amendment 34 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Directive 2013/11/EU
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Without prejudice to paragraph 8a, 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 20 working days..
Amendment 36 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Directive 2013/11/EU
Article 5 – paragraph 8a (new)
Article 5 – paragraph 8a (new)
8 a. The participation of traders operating in transport and tourism sectors in ADR procedures shall be made mandatory, regardless of whether the trader has been contacted by an ADR entity of the Member State of establishment or another Member State in which the trader is operating. The trader shall be required to communicate confirmation of participation within a reasonable timeframe, not exceeding 20 working days.
Amendment 40 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2013/11/EU
Article 14 – paragraph 3
Article 14 – paragraph 3
(a a) informing the parties of specific timeframes in communication;