2 Amendments of Małgorzata HANDZLIK 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 112 #
Proposal for a regulation
Recital 14 b (new)
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.