19 Amendments of Andreas SCHWAB related to 2011/0374(COD)
Amendment 98 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should apply to the out-of-court resolution of disputes concerning contractual disputeobligations between consumers and traders that arise from the online sale of goods or provision of services by traders across bordersresident 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 108 #
Proposal for a regulation
Recital 14
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 platformbe 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 114 #
Proposal for a regulation
Recital 15
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 125 #
Proposal for a regulation
Recital 23
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 149 #
Proposal for a regulation
Article 5 – paragraph 3 – point a a (new)
Article 5 – paragraph 3 – point a a (new)
(aa) informing the trader about the complaint submitted against him;
Amendment 152 #
Proposal for a regulation
Article 5 – paragraph 3 – point b a (new)
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 #
Proposal for a regulation
Article 5 – paragraph 3 – point b b (new)
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 #
Proposal for a regulation
Article 5 – paragraph 3 – point b c (new)
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 #
Proposal for a regulation
Article 5 – paragraph 3 – point c
Article 5 – paragraph 3 – point c
(c) referrtransmitting complaints to the ADR entity which the parties have agreed to use;
Amendment 160 #
Proposal for a regulation
Article 5 – paragraph 3 – point g
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 171 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) if necessary,requested, assisting the parties and facilitating communication between the partiesm and the competent ADR entity;. This may include, in particular:
Amendment 172 #
Proposal for a regulation
Article 6 – paragraph 2 – point a – point i (new)
Article 6 – paragraph 2 – point a – point i (new)
i) assisting with the submission of the complaint and, where appropriate, relevant documentation,
Amendment 173 #
Proposal for a regulation
Article 6 – paragraph 2 – point a – point ii (new)
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 #
Proposal for a regulation
Article 6 – paragraph 2 – point a – point iii (new)
Article 6 – paragraph 2 – point a – point iii (new)
iii) providing information on the functioning of the ODR platform,
Amendment 175 #
Proposal for a regulation
Article 6 – paragraph 2 – point a – point iv (new)
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 179 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) informing consumersthe complainant party of other means of redress when a dispute cannot be resolved via the ODR platform, for example when the traderparties 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 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
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 182 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall establish a network of online dispute resolution facilitatorODR contact points (hereinafter the ‘'ODR facilitators’contact point network‘') which shall enable cooperation between ODR facilitatorcontact points and contribute to the performance of the functions set out in paragraph 2.
Amendment 262 #
Proposal for a regulation
Article 13 – paragraph 1
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 electronicentioned in a clear and comprehensible means, in that messagener. 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.