Changes from adopted text to adopted text

Removed‘(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;’;

Removed(c) paragraph 6 is replaced by the following:

Removed‘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).’ [Am. 40]

Removed4. Article 7, paragraph 2 is amended as follows:

Removed(a) in the introductory phrase, the first sentence is replaced by the following:

Removed‘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.’.

Removed(b) point (h) is deleted. [Am. 41]

Removed4a. Article 8 is amended as follows:

Removed(a) point (c) is replaced by the following:

Removed‘(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;’;

Removed(b) the following point is inserted:

Removed‘(da) at the consumer’s request, the parties have access to the procedure with the possibility to hold a physical meeting;’. [Am. 42]

Removed4b. The following article is inserted:

Removed‘Article 11a

RemovedMember 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.’. [Am. 43]

Removed5. In Article 13, paragraph 3 is deleted.2 is replaced by the following:

Removed‘2. The information referred to in paragraph 1 shall be provided:

Removed(a) on the traders’ website, where it exists, in a clear, prominent, comprehensible and easily accessible way;

Removed(b) in the general terms and conditions of sales or service contracts between the trader and a consumer; and

Removed(c) on the invoices issued by the trader.

Removed2a. Traders shall make an email address available allowing consumers to contact them, including for the sole purpose of ADR procedures.’. [Am. 44]

Removed6. Article 14 is replaced by the following:

Removed‘Article 14 Assistance for consumers

Removed1. Member States shall ensure that, with regard to cross-border disputes, consumers and traders are able to obtain assistance to access the ADR entity or entities competent to deal with their cross-border dispute.

Removed1a. 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. [Am. 45]

Removed2. 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, or, if not possible, on consumer organisations or on any other body dealing with consumer protection and ensure that they have adequate budgetary and human resources. [Am. 46]

Removed2a. 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. [Am. 47]

Removed3. The ADR contact points shall facilitate communication between the parties and the competent ADR entity, which may include, in particular:

Removed(a) assisting with the submission of the complaint and, where appropriate, relevant documentation;

Removed(aa) assisting the parties and ADR entities, where necessary, with the translation of information, documentation or procedural rules; [Am. 48]

Removed(b) providing the parties and ADR entities with general information on EU consumer rights;

Removed(ba) providing the parties and ADR entities with relevant information on the consumer protection law of the Member State; [Am. 49]

Removed(c) providing the parties with explanations on the procedural rules applied by the specific ADR entities;

Removed(d) informing the complainant party of other means of redress when a dispute cannot be resolved through an ADR procedure.

Removed4. Member States may grant ADR contact points the right to provide assistance referred to in this Article to consumers and traders when accessing ADR entities also with regard to domestic disputes.

Removed5. Member States shall ensure that any actors assisting consumers in cross-border or domestic disputes, act in good faith to allow parties to the dispute to reach an amicable settlement and provide relevant information to consumers in full transparency, including information regarding procedural rules and any applicable fees.’.

Removed6a. In Article 15, paragraph 2 is replaced by the following:

Removed‘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).’. [Am. 50]

Removed6b. In Article 17, paragraph 2 is replaced by the following:

Removed‘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.’. [Am. 51]

Removed6c. In Article 17, the following paragraph 5 is added:

Removed‘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.’. [Am. 52]

Removed6d. In Article 18, paragraph 1 is replaced by the following:

Removed‘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.’. [Am. 53]

Removed6e. In Article 19, paragraph 3, point (d) is replaced by the following:

Removed‘(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;’. [Am. 54]

Removed7. In Article 19(3), points (f), (g) and (h) are deleted. [Am. 55]

Removed8. In Article 20 is amended as follows:

Removed(a) in paragraph 2, the following subparagraph is inserted after the second subparagraph:

Removed‘Competent Authorities shall conduct regular checks into the functioning and activities of the ADR entities to monitor compliance with the requirements of this Directive.’;

Removed(b) the following paragraph is added:

Removed‘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.

RemovedWhere 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.’. [Am. 56]

Removed8a. Article 21 is replaced by the following:

Removed‘Article 21 Penalties

RemovedMember 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.’ [Am. 57]

Removed9. In article 24, the following paragraph 4 is added:

Removed‘4. By [insert date] Member States shall communicate to the Commission the names and contact details of the ADR contact points designated in accordance with Article 14(2).’.

RemovedArticle 2 Amendment to Directive (EU) 2015/2302

RemovedIn Article 7(2) of Directive (EU) 2015/2302, point (g) is replaced by the following: