Changes from report parliamentary committee draft to plenary report

AddedArticle 1 – paragraph 1 – point 3 – point d, Article 5 – paragraph 8: 8. Member States shall ensure that traders established in their territories that are contacted by an ADR entity from their own Member State or from another Member State, inform that ADR entity whether, or not, they accept to participate in the proposed procedure and reply within a reasonable period of time that shall not exceed 15 working days. However, an extension to this deadline up to a maximum of 20 working days may be granted in the case of complex disputes or as a result of exceptional circumstances, such as a period of high activity or an external crisis.

AddedDirective 2013/11/EU

AddedArticle premier – paragraph 1 – point 3 a (new), Article 6: 3a. Article 6 is amended as follows: / (a) paragraph 1, point (a) is replaced by the following: / ‘(a) possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes, as well as a general understanding of law, including, when dealing with cross-border cases, private international law;' / (b) in paragraph 3 the following point is inserted: / ‘(aa) where a dispute is handled by an ADR entity and the natural persons in charge of dispute resolution are employed or remunerated exclusively by the individual trader, the ADR entity shall only have access to data strictly related to the case and specifically provided by the trader or the consumer;’; / (c) paragraph 6 is replaced by the following: / ‘6. For the purposes of point (a) of paragraph 1, Member States shall ensure that ADR entities provide regular training for natural persons in charge of ADR, in particular in the area of consumer law and other relevant sectorial legislation. Competent authorities shall monitor the training schemes established by ADR entities, on the basis of information communicated to them in accordance with point (g) of Article 19(3).’

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AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 4 – point b, Article 7 – paragraph 2 – point h: deleted

AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 4 a (new), Article 8 – paragraph 1 – points c and d a (new): 4a. Article 8 is amended as follows: / (a) point (c) is replaced by the following: / ‘(c) the ADR procedure is free of charge or available at a nominal fee for consumers and, in the event that a nominal fee is charged for consumers, that fee is reimbursable by national authorities when the dispute is resolved;’; / (b) the following point is inserted: / ‘(da) at the consumer’s request, the parties have access to the procedure with the possibility to hold a physical meeting;’

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AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 4 b (new), Article 11 a (new): 4b. The following article is inserted: / ‘Article 11a / Member States shall ensure that, where they do not comply with the outcome of an ADR procedure, irrespective of whether the outcome of that procedure is binding, traders are required to provide the other parties to the ADR procedure with a written explanation.’.

AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 5, Article 13 – paragraph 3: 5. In Article 13, paragraph 2 is replaced by the following: / ‘2. The information referred to in paragraph 1 shall be provided: / (a) on the traders’ website, where it exists, in a clear, prominent, comprehensible and easily accessible way; / (b) in the general terms and conditions of sales or service contracts between the trader and a consumer; and / (c) on the invoices issued by the trader. / 2a. Traders shall make an email address available allowing consumers to contact them, including for the sole purpose of ADR procedures.’

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AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 6, Article 14 – paragraph 1 a (new): 1a. Member States shall ensure that consumers can carry out cross-border ADR procedures in an official language of the Member State in which they are resident.

AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 6, Article 14 – paragraph 2: 2. Each Member State shall designate an ADR contact point in charge of the task referred to in paragraph 1. Each Member State shall communicate the name and contact details of its ADR contact point to the Commission. Member States shall confer responsibility for the operation of the ADR contact points on their centre belonging to the European Consumer Centres Network, on consumer organisations or on any other body dealing with consumer protection and ensure that they have adequate budgetary and human resources.

AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 6, Article 14 – paragraph 2 a (new): 2a. Consumers and traders engaged in cross-border disputes shall use the ADR contact point assigned on the basis of the consumer’s place of residence and the ADR entity of the Member State in which he or she is resident.

AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 6, 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;

AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 6, 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;

AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 6 a (new), Article 15 – paragraph 2: 6a. In Article 15, paragraph 2 is replaced by the following: / ‘2. Member States shall ensure that relevant consumer organisations and business associations make publicly available on their websites and brochures and by any other means they consider appropriate, the list of ADR entities referred to in Article 20(4).’

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AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 6 b (new), Article 17 – paragraph 2: 6b. In Article 17, paragraph 2 is replaced by the following: / ‘2. This cooperation shall in particular include mutual exchange of information on practices in specific business sectors about which consumers have repeatedly lodged complaints. It shall also, where appropriate, include an obligation for ADR entities to direct consumers to the national authorities referred to in paragraph 1 whenever they report unfair commercial practices. In addition, it shall also, where appropriate, include an obligation on ADR entities to report unfair commercial practices and terms and conditions to those national authorities whenever they become aware of them. It shall also include the provision of technical assessment and information by such national authorities to ADR entities where such assessment or information is necessary for the handling of individual disputes and is already available.’

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AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 6 c (new), Article 17 – paragraph 5: 6c. In Article 17, the following paragraph 5 is added: / ‘5. When an unfair commercial practice is brought to the attention of the ADR entity by a consumer, the principle of confidentiality shall not apply. If there are credible reasons to suspect that such a practice has occurred, the ADR entity shall inform the national competent authority thereof, and, if appropriate, shall keep it informed about the outcome of the dispute.’.

AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 6 d (new), Article 18 – paragraph 1: 6d. In Article 18, paragraph 1 is replaced by the following: / "1. Each Member State shall designate a competent authority which shall carry out the functions set out in Articles 19 and 20. Member States shall ensure that their competent authorities have the necessary resources, including sufficient budgetary and other resources, such as a sufficient number of competent personnel, expertise, procedures and other arrangements for the proper performance of their duties. The natural persons working for competent authorities should be impartial and independent from the ADR entities that they supervise. Each Member State may designate more than one competent authority. If a Member State does so, it shall determine which of the competent authorities designated is the single point of contact for the Commission. Each Member State shall communicate the competent authority or, where appropriate, the competent authorities, including the single point of contact it has designated, to the Commission."

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AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 6 e (new), Article 19 – paragraph 3 – point d: 6 e. In Article 19, paragraph 3, point (d) is replaced by the following: / "(d) the rate of compliance, if known, with the outcomes of the ADR procedures and the traders who systematically and unduly refuse to comply with the outcomes of ADR procedures;"

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AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 7, Article 19 – paragraph 3 – points f, g and h: deleted

AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 8, Article 20: 8. Article 20 is amended as follows: / (a) in paragraph 2, the following subparagraph is inserted after the second subparagraph: / ‘Competent Authorities shall conduct regular checks into the functioning and activities of the ADR entities to monitor compliance with the requirements of this Directive.’; / (b) the following paragraph is added: / ‘8. The Commission shall develop and maintain a user-friendly digital interactive tool that provides general information on consumer redress, practical information about how consumers can avail themselves 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, directing consumers to a competent body to resolve their disputes / Where similar digital tools exist at the national level, they should provide a link to the Commission digital tool, to inform consumers with a cross-border issue.’

AddedDirective 2013/11/EU

AddedArticle 1 – paragraph 1 – point 8 a (new), Article 21: 8a. Article 21 is replaced by the following: / ‘Article 21 / Member States shall lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive, in particular Article 5(8) and Article 13, and shall take all measures necessary to ensure they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.’

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