Activities of Antonius MANDERS related to 2023/0376(COD)
Shadow reports (1)
REPORT 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 (22)
Amendment 38 #
Proposal for a directive
Recital 4
Recital 4
(4) The complexity of consumer disputes has evolved significantly since the adoption of Directive 2011/13/EU. Digitialisation of goods and services, the growing importance of e-commerce and digital advertising in the formation of consumer contracts has resulted in a rise in the number of consumers being exposed to misleading online information and manipulative interfaces preventing them from making informed purchasing decisions. It is, therefore, necessary to clarify that contractual disputes arising from the sale of goods or services include digital content and digital services, and to extend the scope of Directive 2011/13/EU, beyond such disputes so that consumers are also able to seek redress for practices harming them at a pre-contractual stage, irrespective of whetherprovided they later become bound by a contract.
Amendment 40 #
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) Member States should take note of the Commission Recommendation of 17 October 2023 on quality requirements for dispute resolution procedures offered by online marketplaces and Union trade associations. The Commission should complement this Directive with a Regulation on quality requirements for dispute resolution procedures offered by online marketplaces and Union trade associations.
Amendment 42 #
Proposal for a directive
Recital 5
Recital 5
(5) Moreover, Directive 2011/13/EU should also cover consumer rights arising from Union legislation which governs relationships between consumers and traders when there is no relationship of a contractual nature, with respect to the right to access and to pay for goods and services without undergoing discrimination based on nationality, place of residence or of establishment, as provided for in Articles 4 and 5 of Regulation (EU) 2018/302 of the European Parliament and of the Council3 or on any ground as referred to in Article 21 of the Charter of Fundamental Rights of the European Union; the right to open and switch bank accounts as provided for in Articles 9, 10, 11, and 16 of Directive 2014/92/EU of the European Parliament and of the Council4 and to not be discriminated against as provided for in Article 15 of that Directive; the right to receive transparent information on retail conditions for roaming calls and SMS messages as provided for in Articles 13, 14 and 15 of Regulation (EU) 2022/612 of the European Parliament and of the Council5, the right to price transparency in air fares and rates as provided for in Article 23 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council6. Therefore, it should be provided that disputes arising in relation to such categories of consumer rights can be dealt with in ADR procedures. __________________ 3 Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (OJ L 60I, 2.3.2018, p. 1). 4 Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic feature (OJ L257, 28.8.2014, p. 214). 5 Regulation (EU) 2022/612 of the European Parliament and of the Council of 6 April 2022 on roaming on public mobile communications networks within the Union (OJ L 115, 13.4.2022, p. 1). 6 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3).
Amendment 45 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The Member State in which the consumer resides should facilitate access to ADR procedures in cross-border disputes. Only when proven necessary, should the Member State in which the trader is established facilitate access to ADR procedures. It should not be possible to access ADR procedures in a Member State in which neither the consumer resides or the trader is established.
Amendment 46 #
Proposal for a directive
Recital 10
Recital 10
(10) Member States should ensure that ADR should enable consumer to initiate and follow ADR procedures also offline if requested. It should also be ensured that when digital tools are provided, those can be used by all consumers, including vulnerable consumers or those with varying levels of digital literacy. Members States should ensure that, upon request, parties to the disputes always have access to a review of automated procedures by a natural person, who should be independent and impartial.
Amendment 54 #
Proposal for a directive
Recital 13
Recital 13
(13) Under Directive 2013/11/EU, Member States may introduce national legislation to make trader participation in ADR compulsory in sectors they deem fit, in addition to sector-specific Union legislation which provides for mandatory participation of traders in ADR. To encourage traders’ participation in the ADR procedures and to ensure due and swift ADR procedures, traders should be required, especially in cases where their participation is not compulsory, to respond within a specific period20 working days to enquiries made by ADR entities on whether they intend to participate to the proposed procedure.
Amendment 58 #
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. Those designated ADR contact points should be communicated to the Commission. Consumers should be entitled to carry out a cross-border ADR procedure in an official language of the Member State that they are resident in.
Amendment 63 #
Proposal for a directive
Recital 17
Recital 17
(17) To ensure that consumers are able to easily find a suitable ADR entity, especially in a cross-border context, the Commission should develop and maintain a digital interactive tool that provides information about ADR entities’ main characteristics, practical information about how to avail of ADR procedures in a cross-border context and links to the webpages of the ADR entities, as notified to it.
Amendment 73 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2013/11/EU
Article 2 – paragraph 1 – subparagraph 1 – point b – point iii
Article 2 – paragraph 1 – subparagraph 1 – point b – point iii
(iii) non-discrimination on the basis of nationality or place of residence or on any ground as referred to in Article 21 of the Charter of Fundamental Rights of the European Union,
Amendment 86 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2013/11/EU
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall facilitate access by consumers to ADR procedures and shall ensure that disputes covered by this Directive and which involve a trader established on their respective territories, or a trader not established in the territory of any Member State but offering goods or services, including digital content and digital services, to consumers residing in their respective territories, can be submitted to an ADR entity which complies with the requirements set out in this Directive.; Member States may facilitate access by self-employed or micro enterprises to ADR procedures.
Amendment 88 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – introductory part
Article 1 – paragraph 1 – point 3 – point b – introductory part
Directive 2013/11/EU
Article 5 – paragraph 2
Article 5 – paragraph 2
(b) in paragraph 2, points (a) to (d) are replaced by the followingthe following points are added:
Amendment 89 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2013/11/EU
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
Amendment 92 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2013/11/EU
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) grant the right to the parties to the dispute to request that the outcome of the ADR procedure be reviewed by a natural person, who shall be independent and impartial, when the procedure was carried out by automated means;
Amendment 104 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2013/11/EU
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Member States shall ensure that ADR entities make publicly available on their websites, on a durable medium upon request, and by any other means they consider appropriate, biennial activity reports.
Amendment 107 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2013/11/EU
Article 8
Article 8
Amendment 110 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2013/11/EU
Article 14
Article 14
1a. Member States shall ensure that consumers can carry out cross-border ADR procedures in an official language of the Member State that they are resident in. For this purpose, Member States may ensure that provide appropriate supports are provided to ADR entities, in particular interpretation support tools.
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2013/11/EU
Article 14
Article 14
3. The ADR contact points shall facilitate communication between the parties and the competent ADR entity, which mayshall include, in particular at least one of following:
Amendment 114 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2013/11/EU
Article 14 – paragraph 3 – point (a a) (new)
Article 14 – paragraph 3 – point (a a) (new)
(aa) assisting the parties and ADR entities, where necessary, with the translation of information, documentation or procedural rules;
Amendment 116 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2013/11/EU
Article 14 – paragraph 3 – point (b a) (new)
Article 14 – paragraph 3 – point (b a) (new)
(ba) providing the parties and ADR entities with relevant information on the consumer protection law of the Member State;
Amendment 118 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2013/11/EU
Article 15 paragraph 2
Article 15 paragraph 2
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/11/EU
Article 20 – paragraph 8
Article 20 – paragraph 8
8. The Commission shall develop and maintain a digital interactive tool that provides general information on consumer redress, practical information about how to avail of ADR procedures in a cross- border context and links to the webpages of the ADR entities notified to it in accordance with paragraph 2 of this Article..
Amendment 125 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Directive 2013/11/EU
Article 21
Article 21