Artikelen bij COM(2023)649 - Wijziging van Richtlijn 2013/11/EU betreffende alternatieve beslechting van consumentengeschillen, en van de Richtlijnen (EU) 2015/2302, (EU) 2019/2161 en (EU) 2020/1828 - Hoofdinhoud
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| dossier | COM(2023)649 - Wijziging van Richtlijn 2013/11/EU betreffende alternatieve beslechting van consumentengeschillen, en van de Richtlijnen ... |
|---|---|
| document | COM(2023)649  |
| datum | 17 oktober 2023 |
Inhoudsopgave
Article 1 - Amendments to Directive 2013/11/EU
1.In Article 2, paragraph 1 is replaced by the following:
‘1. This Directive shall apply to procedures for the out-of-court resolution of disputes between consumers resident in the Union and a traders offering goods or services, including digital content and digital services, to those consumers, through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution concerning one of the following:
(a)contractual obligations stemming from sales contracts, including for the supply of digital content, or service contracts;
(b)consumer rights applicable to non-contractual and pre-contractual situations and provided in Union law concerning:
(i)unfair commercial practices and terms,
(ii)compulsory precontractual information,
(iii)non-discrimination on the basis of nationality or place of residence,
(iv)access to services and deliveries,
(v)remedies in case of non-conformity of products and digital content,
(vi)right to switch providers, and
(vii)passenger and travellers’ rights.
Member States may apply the ADR procedures set out in this Directive, also to categories of disputes other than those listed the first subparagraph, point (b).’.
2.In Article 4(1), points (e) and (f) are replaced replaced by the following:
‘(e) ‘domestic dispute’ means a dispute between a consumer and a trader, related to contractual obligations and/or consumer rights provided in in Union laws as referred to in article 2(1), where the consumer is resident in the same Member State as that in which the trader is established;
(f) ‘cross-border dispute’ means a dispute between a consumer and a trader, related to contractual obligations and/or consumer rights provided in Union acts as referred to in article 2(1), where the consumer is resident in a Member State other than the Member State in which the trader is established or where the consumer is resident in a Member State and the trader is established outside of the Union;’.
3.Article 5 is amended as follows:
(a)paragraph 1 is replaced by the following:
‘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.’;
(b)in paragraph 2, points (a) to (d) are replaced by the following:
‘(a) ensure that consumers can submit complaints and the requisite supporting documents online in a traceable manner and ensure that consumers may also submit and access these documents in a non-digital format upon request;
(b) offer digital ADR procedures through easily accessible and inclusive tools;
(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 when the procedure was carried out by automated means;
(d) may bundle similar cases against one specific trader into one procedure, under condition that the consumer concerned is informed and does not object to that;’
(c)in paragraph 4, point (a) is replaced by the following:
‘(a) the consumer did not attempt to contact the trader concerned in order to discuss the complaint and seek, as a first step, to resolve the matter directly with the trader, without introducing disproportionate rules about the format of such contact’;
(d)the following paragraph 8 is added:
‘8. Member States shall ensure that traders established in their territories that are contacted by an ADR entity from their country 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 20 working days.’.
4.Article 7, paragraph 2 is amended as follows:
(a)in the introductory phrase, the first sentence is replaced by the following:
‘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’.
(b)point (h) is deleted.
5.In article 13, paragraph 3 is deleted.
6.Article 14 is replaced by the following:
‘Article 14
Assistance for consumers
1. 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.
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, or, if not possible, on consumer organisations or on any other body dealing with consumer protection.
3. The ADR contact points shall facilitate communication between the parties and the competent ADR entity, which may include, in particular:
(a)assisting with the submission of the complaint and, where appropriate, relevant documentation;
(b)providing the parties and ADR entities with general information on EU consumer rights;
(c)providing the parties with explanations on the procedural rules applied by the specific ADR entities;
(d)informing the complainant party of other means of redress when a dispute cannot be resolved through an ADR procedure.
4. 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.
5. 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.’.
7.In Article 19(3), points (f), (g) and (h) are deleted.
8.In Article 20, the following paragraph is added:
‘8. The Commission shall develop and maintain a digital interactive tool that provides general information on consumer redress and links to the webpages of the ADR entities notified to it in accordance with paragraph 2 of this Article.’.
9.In article 24, the following paragraph 4 is added:
‘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).’.
Article 2 - Amendment to Directive (EU) 2015/2302
‘(g) information on available in-house complaint handling procedures and on alternative dispute resolution (‘ADR’) mechanisms pursuant to Directive 2013/11/EU of the European Parliament and of the Council 40 and, where applicable, on the ADR entity by which the trader is covered;’.
Article 3 - Amendment to Directive (EU) 2019/2161
‘(b) submit a complaint to the competent centre of the European Consumer Centres Network, depending on the parties involved.’.
Article 4 - Amendment to Directive (EU) 2020/1828
Article 5 - Transposition
They shall apply those measures from [date].
2.By [dd/month/year… 1 year after entry into force of Regulation xx/…. [the proposal for a Regulation of the European Parliament and of the Council repealing Regulation (EU) No 524/2013 on online dispute resolution for consumers]], Member States shall adopt and publish the measures necessary to comply with Articles 2, 3 and 4 of this Directive. They shall immediately inform the Commission thereof.
They shall apply those measures from [insert date].
3.When Member States adopt the measures referred to in paragraphs 1 and 2, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
4.Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.