18 Amendments of Andreas SCHWAB related to 2011/0373(COD)
Amendment 127 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In the event of a complaint arising from the sale of goods or provision of services, customers should always first contact the entrepreneur or service- provider concerned in order to discuss their complaint and seek, at the initial stage, to solve the problem bilaterally. In many cases, consumer problems can thus be solved in advance.
Amendment 130 #
Proposal for a directive
Recital 3
Recital 3
(3) Alternative dispute resolution offers a simple, fast and low-cost out-of-court solution to disputes between consumers and traders which it has not previously proved possible to resolve bilaterally. However, alternative dispute resolution is not yet sufficiently developed across the European Union. In order for consumers to fully exploit its potential, it is necessary that alternative dispute resolution is available for all types of consumer disputes, quality levels of ADR procedures are even and consumers and traders are aware of such procedures. It is also necessary that ADR entities handle cross- border disputes effectively.
Amendment 150 #
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should not apply to procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader norprovided there is full compliance with the requirements laid down in Chapter II of this Directive. The Directive should not apply to procedures before consumer compliant handling systems operated by the trader. It should not apply nor to direct negotiations between the parties. Furthermore, it should not apply to attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute.
Amendment 159 #
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should be without prejudice to traders established in a Member State being covered by an ADR entity which is located in another Member State. Member States should encouragesupport the development of such entities. However, ADR entities should finance themselves, for example from donations, membership charges, relatively small fees for services rendered and associations of several entities and members. Financing by Member States should only be a last resort.
Amendment 160 #
Proposal for a directive
Recital 15
Recital 15
Amendment 162 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Confidentiality and privacy should always be guaranteed during the ADR procedure. Insofar as it is intended that exemplary final decisions should be published, the names of the parties and any references to them should be masked out unless both parties have expressly consented to their publication.
Amendment 172 #
Proposal for a directive
Recital 19
Recital 19
(19) ADR procedures should be effective. They should provide for a simple and fast procedure whose duration generally does not exceed 90 days. Tcalendar days from the receipt of the complaint by the ADR entity until a solution is recommended by that entity. In the case of highly complex disputes, the ADR entityies should be able to extend this time period when the complexityin exceptional cases for the purpose of objective examination of certain aspects of the disputcase in question so demands.
Amendment 196 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
Amendment 218 #
Proposal for a directive
Article 1
Article 1
This Directive is to contribute to the functioning of the internal market and to the achievement of a high level of consumer protection by ensuring that, in the event of disputes between, consumers and traders can be submittedapply on a voluntary basis to entities offering impartial, independent, transparent, rapid, effective and fair alternative dispute resolution procedures.
Amendment 223 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to procedures for the out-of-court resolution of contractual disputes arising from the sale of goods or provision of services by a trader established in the Union to a consumer resident in the Union 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, hereinafter ‘ADR procedures’.
Amendment 229 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the traderone of the parties and which do not fulfil the criteria of Chapter II of this Directive;
Amendment 257 #
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) have a website enabling the parties to submit a complaintn application for ADR online;
Amendment 302 #
Proposal for a directive
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(ba) with due regard for data protection, ‘exemplary decisions’ based on the outcomes of important disputes;
Amendment 314 #
Proposal for a directive
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) the dispute is resolved within 90 calendar days from the date on which the ADR entity has received the complaint to the date on which the ADR entity recommends a solution. In the case of highly complex disputes, the ADR entity may, in exceptional cases, extend this time period at its own discretion.
Amendment 328 #
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that in ADR procedures which aim at resolving the dispute by suggesting a solution
Amendment 366 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The information referred to in paragraph 1 shall be mentioned in an easily, directly, prominently and permanently accessible way on the trader's website, where one exists, in the general terms and conditions of contracts for the sale of goods or provision of services between the trader and a consumer and in invoices and receipts relating to such contractsmust be easily accessible and comprehensible. It shall specify how further information on the ADR entity concerned and on the conditions for using it can be accessed.
Amendment 371 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The provisions in this Article shall be without prejudice to the provisions in Articles 6, 7 and 8 of Directive 2011/83/EU concerning consumer information for distance and off-premises contracts and corresponding provisions of Directive 2009/138/EC on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) and Directive 2002/65/EC concerning the distance marketing of consumer financial services.
Amendment 381 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. This cooperation shall include mutual exchange of information on business practices by traders about whichom consumers have repeatedly lodged complaints. It shall also include the provision of technical assessment and information by such national authorities to ADR entities where such assessment or information is necessary for the handling of individual disputes and is already available.