Activities of Robert ROCHEFORT related to 2011/0373(COD)
Shadow reports (1)
REPORT on the proposal for a 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) PDF (690 KB) DOC (1 MB)
Amendments (36)
Amendment 136 #
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should apply to contractual disputes between consumers and traders that are arising from the sale of goods or provision of services in all economic sectors. This should includeIts scope should be limited to complaints submitted by consumers against traders but als. This Directive should not apply to complaints submitted by traders against consumers. This Directive should not apply or to disputes between traders; however, it should not prevent Member States from adopting or maintaining in force provisions on procedures for the out-of-court resolution of such disputes.
Amendment 142 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Consumers should be encouraged, as a first step, to contact the trader directly or to use the complaint handling system operated by the trader in an effort to find an amicable solution. This procedure could represent a swift way of resolving consumer disputes, although it should be available only for a limited period.
Amendment 147 #
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 nor to procedures before consumer compliant handling systems operated by the trader. It should not apply or 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 154 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) This Directive should apply to procedures before dispute resolution entities if the natural persons in charge of dispute resolution are employed or paid exclusively by the trader or a business association only if the following twin conditions are met, namely that the operating methods of the entities meet the requirements laid down in Chapter II of this Directive and the natural persons comply with the specific conditions laid down in Article 6(2a) of this Directive. In that connection, the dispute resolution entity in question should undergo at least once a year an evaluation conducted by the competent authority of the Member State in which the entity is established in order to ascertain whether it meets these twin conditions.
Amendment 164 #
Proposal for a directive
Recital 17
Recital 17
(17) The natural persons in charge of alternative dispute resolution should only be considered independent and impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute. There is a particular need to ensure the absence of such pressure where ADR entities are financed by one of the parties to the dispute or an organisation of which one of the parties is a member. Special conditions should therefore apply to natural persons in charge of the alternative dispute resolution who are employed or remunerated exclusively by the trader or by a business association.
Amendment 171 #
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 dayscalendar days from the date of receipt of the complete complaint file by the ADR entity. The ADR entity should be able to extend this time period when the complexity of the dispute in question so demands.
Amendment 175 #
Proposal for a directive
Recital 20
Recital 20
(20) ADR procedures should be free of charge or of moderate costs for consumers so that it remains economically reasonable for consumers to use such procedurefor consumers.
Amendment 194 #
Proposal for a directive
Recital 22
Recital 22
(22) When a dispute arises it is necessary that consumers are able to identify quickly which ADR entities are competent to deal with their complaint and to know whether or not the trader concerned will participate in proceedings submitt. Traders who commit to use ADR entities should therefore inform consumers about the address or website of the relevant ADR entity or entities by which they are covered. This information should be published in a clear and readily understandable form and mentioned toin an ADR entity. Traders should therefore provide such informaeasily, directly and permanently accessible way on the trader's website, where one exists, in the general terms and conditions on their main commercial documentsf contracts for the sale of goods or provision of services concluded between the trader and a consumer and, where they have a website, on their websitesnever a trader rejects a complaint submitted directly to him by a consumer. This obligation should be without prejudice to Articles 6(1)(t), 7(1) and 8 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. Article 6(1)(t) of that Directive provides for consumer contracts concluded at a distance or off premises that the trader is to inform the consumer about the possibility of having recourse to an out- of-court complaint and redress mechanism to which the trader is subject, and the methods for having access to it, before the consumer is bound by the contract.
Amendment 203 #
Proposal for a directive
Recital 24
Recital 24
(24) Member States should ensure that ADR entities cooperate on the resolution of cross-border disputes and conduct regular exchanges of good practice as regards the settlement of both cross-border and domestic disputes.
Amendment 207 #
Proposal for a directive
Recital 26
Recital 26
(26) Close cooperation between ADR entities and national authorities entrusted with the enforcement of Union legislation on consumer protection should strengthen the effective application of such Union legislation. With the same aim in view, the Commission should support and facilitate exchanges of experience between ADR entities at European level in order to encourage the use of best practice and exchanges of experience.
Amendment 216 #
Proposal for a directive
Recital 31
Recital 31
(31) Since the objective of this Directive, namely to contribute, by achieving a high level of consumer protection, to the proper functioning of the internal market by ensuring a high level of consumer protection, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 217 #
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 achieving a high level of consumer protection, to the proper functioning of the internal market by ensuring that when disputes arise between consumers and traders can be submittedfollowing the sale of goods or the provision of services consumers can submit a complaint to entities offering impartial, independent, transparent, effective and fair alternative dispute resolution procedures.
Amendment 222 #
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 domestic and cross-border 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’, in cases where the consumer has been unable to obtain satisfaction from the trader.
Amendment 230 #
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 or paid exclusively by the trader; or a business association unless, in addition to the fact that the entities’ operating methods meet the requirements laid down in Chapter II of this Directive, the natural persons in question comply with the specific conditions laid down in Article 6(2a) of this Directive.
Amendment 234 #
Proposal for a directive
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(ba) disputes between traders;
Amendment 250 #
Proposal for a directive
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 can be submitted to an ADR entityies which compliesy with the requirementsquality criteria set out in this Directive in cases where the consumer has been unable to obtain satisfaction from the trader.
Amendment 258 #
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 complaint onlinerun and keep up to date a website which provides the parties with easy access to information concerning ADR procedures and enables consumers to submit a complaint online or provides them with a postal address to which they can send complaints and the requisite supporting documents;
Amendment 260 #
Proposal for a directive
Article 5 – paragraph 2 – point a a (new)
Article 5 – paragraph 2 – point a a (new)
(aa) have sufficient resources (appropriate human, material and financial resources) ;
Amendment 261 #
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) enable the parties to exchange information with them via electronic means or by post;
Amendment 275 #
Proposal for a directive
Article 6 – title
Article 6 – title
Expertise, independence and impartiality
Amendment 277 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that the natural persons in charge of alternative dispute resolution possess the necessary expertise and are independent and impartial. This shall be guaranteed by ensuring that they:
Amendment 280 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) possess the necessary knowledge, skills and experience, including legal experience, in the field of alternative dispute resolution;
Amendment 288 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 291 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that ADR entities make publicly available on their websites and in printed form at their premises clear and easily understandable information on:
Amendment 303 #
Proposal for a directive
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(ba) a list of the main decisions likely to influence the way in which consumers’ rights are interpreted, accompanied by general recommendations intended to prevent the reappearance of certain recurrent or significant disputes;
Amendment 309 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the ADR procedure is free of charge or at moderate costs for consumers;
Amendment 315 #
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 full complaint file.
Amendment 325 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the parties have the possibility to express their point of view and, hear the arguments and facts put forward by the other party and any experts' statements and respond within a reasonable period;
Amendment 331 #
Proposal for a directive
Article 9 – paragraph 2 – point a – introductory part
Article 9 – paragraph 2 – point a – introductory part
(a) the consumerparties, before agreeing to a suggested solution, isare informed that:
Amendment 336 #
Proposal for a directive
Article 9 – paragraph 2 – point a – point i
Article 9 – paragraph 2 – point a – point i
i) they hasve the choice as to whether or not to agree to a suggested solution;
Amendment 339 #
Proposal for a directive
Article 9 – paragraph 2 – point a – point ii
Article 9 – paragraph 2 – point a – point ii
ii) the suggestwhere applicable the proposed solution may be less favourable than an outcome determined by a court applying legal rules;
Amendment 362 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that traders established on their territories inform consumers about the ADR entities by which they are covered and which they undertake to use and which are competent to deal with potential disputes between themselves and consumers. Such information shall include the contact details and the addresses of the relevant ADR entities' websites and specify whether or not the trader commits to use these entities to resolve disputes with consumers.
Amendment 367 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The information referred to in paragraph 1 shall be published in a clear and readily understandable form and 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 rewhenever a trader rejects a complating to such contractst submitted directly to him by a consumer. It shall specify how further information on the ADR entity concerned and on the conditions for using it can be accessed.
Amendment 375 #
Proposal for a directive
Article 13 – title
Article 13 – title
Cooperation between ADR entities on the resolution of cross-border disputand exchanges of experience between ADR entities
Amendment 376 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shallould ensure that ADR entities cooperate on the resolution of cross-border disputes and conduct regular exchanges of good practice as regards the settlement of both cross-border and domestic disputes.
Amendment 378 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The Commission shall support and facilitate exchanges of experience between ADR entities in order to encourage the use of best practices, in particular through the ‘Consumers' programme.