12 Amendments of Kyriacos TRIANTAPHYLLIDES related to 2011/0373(COD)
Amendment 124 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and 169 thereof,
Amendment 125 #
Draft legislative resolution
Citation 2
Citation 2
– having regard to Article 294(2) and Articles 114 and 169 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7- 0454/2011),
Amendment 126 #
Proposal for a directive
Recital 1
Recital 1
(1) Article 169(1) and Article 169(2)(a) of the Treaty on the Functioning of the European Union (TFEU) provide that the Union is to contribute to the attainment of a high level of consumer protection through the measures adopted, inter alia through the measures adopted pursuant to Article 114 thereof. Article 38 of the Charter of Fundamental Rights of the European Union provides that Union policies shall ensure a high level of consumer protection.
Amendment 128 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) For a better functioning and completion of the internal market it is essential to improve citizens' trust in it, in particular by clarifying consumer's rights and remedies.
Amendment 163 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) The impartiality and integrity of ADR entities is crucial to gain European citizens' trust that ADR mechanisms will offer them a fair and independent outcome.
Amendment 182 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21 a) An agreement between a consumer and a trader to submit complaints to an ADR entity should not deprive the consumer or the trader of their rights to seek redress before the courts. In the case of ADR entities which impose solutions, the solutions should only be binding on the parties if they were informed of their binding nature in advance and the parties specifically accepted this.
Amendment 188 #
Proposal for a directive
Recital 21 b (new)
Recital 21 b (new)
(21 b) In the case of ADR procedures which impose binding solutions, consumers should be afforded at least the same level of protection as the one laid down by the mandatory provisions applicable under the law of the Member State in the territory of which the ADR entity is established, as well as the protection laid down by the mandatory provisions applicable under the law of the Member State in which the consumer has his habitual residence.
Amendment 210 #
Proposal for a directive
Recital 27
Recital 27
(27) In order to ensure that ADR entities function properly and effectively, they should be closely monitoredMember States should designate a competent authority or authorities which should closely monitor and supervise those entities. The Commission and competent authorities under this Directive should publish and update a list of ADR entities that comply with this Directive. Other bodies, such as ADR entities, consumer associations, business associations and the European Consumer Centre Network, should also publish this list. In addition, competent authorities should publish regular reports on the development and functioning of ADR entities in their Member States. ADR entities should notify to competent authorities specific information on which those reports should be based. Member States should encourage ADR entities to provide such information using Commission Recommendation 2010/304/EU on the use of a harmonised methodology for classifying and reporting consumer complaints and enquiries .
Amendment 252 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensurfacilitate access by consumers to ADR procedures and shall promote that disputes covered by this Directive can be submitted to an ADR entityies which compliesy with the requirementsquality criteria set out in this Directive if both the trader and the consumer agree to do so.
Amendment 306 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Member States shall ensure that ADR procedures followed by ADR entities are effective and fulfil the following requirements:
Amendment 324 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall ensure that in ADR procedures followed by ADR entities:
Amendment 329 #
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 followed by ADR entities which aim at resolving the dispute by suggesting a solution