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From · report parliamentary committee draft · 2024-01-11 IMCO-PR-757943 on the proposal for a regulation of the European Parliament and of the Council repealing Regulation (EU) No 524/2013 and amending Regulations (EU) 2017/2394 and (EU) 2018/1724 with regards to the discontinuation of the European ODR Platform
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To · Plenary report · 2024-12-06 A-10-2024-0028 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council repealing Regulation (EU) No 524/2013, and amending Regulations (EU) 2017/2394 and (EU) 2018/1724 with regard to the discontinuation of the European Online Dispute Resolution Platform
+41 added · −56 removed · 12 modified paragraphs

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Symbols for procedures

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposalCouncil forposition at first reading with a view to the adoption of a regulation of the European Parliament and of the Council repealing Regulation (EU) No 524/2013524/2013, and amending Regulations (EU) 2017/2394 and (EU) 2018/1724 with regardsregard to the discontinuation of the European ODROnline Dispute Resolution Platform

(COM(2023)0647(14152/1/2024 – C90380/2023C100199/2024 – 2023/0375(COD))

(Ordinary legislative procedure: firstsecond reading)

– having regard to the CommissionCouncil proposalposition toat Parliamentfirst andreading the(14152/1/2024 Council– (COM(2023)0647),C100199/2024),

– having regard to Article 294(2) and Article 114 of the Treaty on the Functioningopinion of the European Union, pursuant to whichEconomic theand CommissionSocial submittedCommittee theof proposal14 toFebruary Parliament2024 (C90380/2023),,

– having regard to Articleits 294(3)position ofat thefirst Treatyreading on the FunctioningCommission ofproposal to Parliament and the EuropeanCouncil Union,(COM(2023)0647),

– having regard to theArticle opinion294(7) of the EuropeanTreaty Economicon andthe SocialFunctioning Committee,of the European Union,

– having regard to Rule 5968 of its Rules of Procedure,

– having regard to the reportrecommendation for second reading of the Committee on the Internal Market and Consumer Protection (A90000/2023),(A10-0028/2024),

1. AdoptsApproves itsthe Council position at first reading hereinafter set out;reading;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

2. Notes that the act is adopted in accordance with the Council position;

3. Instructs its President to forwardsign itsthe positionact towith the President of the Council, in accordance with Article 297(1) of the CommissionTreaty andon the nationalFunctioning parliaments.of the European Union;

Amendment 1

4. Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

Proposal for a regulation

5. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Article 1 – paragraph 1

SHORT JUSTIFICATION

Text proposed by the Commission

On 17 October 2023, the Commission submitted the proposal for a Regulation repealing Regulation (EU) No 524/2013 and amending Regulations (EU) 2017/2394 and (EU) 2018/1724 with regards to the discontinuation of the European ODR Platform to the Council and the European Parliament. On 13 March 2024, the European Parliament adopted its first reading position, without amending the Commission proposal.

Amendment

Since the Council’s first reading position adopted on 19 November 2024 does not amend the Commission proposal either and, consequently, is in line with the European Parliament’s position, including also the changes resulting from the legal-linguistic revision, the rapporteur recommends that it be endorsed by the European Parliament without amendments, so that the Regulation can be adopted swiftly and enter into force as soon as possible.

Regulation (EU) No 524/2013 is repealed with effect [insert date six months after the date of entry into force of this Regulation].

Regulation (EU) No 524/2013 is repealed with effect from ... [six months after the date of entry into force of the Directive amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes].

Or. en

Amendment 2

Proposal for a regulation

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. The European ODR Platform shall be discontinued.

1. The European ODR Platform shall be discontinued from ... [six months after the date of entry into force of the Directive amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes].

Or. en

Amendment 3

Proposal for a regulation

Article 2 – paragraph 2

Text proposed by the Commission

Amendment

2. The submission of complaints shall be discontinued on [insert date [two months after the date of entry into force of this Regulation/ four months before the repeal of this Regulation].

2. The submission of complaints shall be discontinued on ... [two months after the date of entry into force of the Directive amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes].

Or. en

Amendment 4

Proposal for a regulation

Article 2 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission shall inform users of the platform with open ADR cases of the discontinuance of the platform by [two months after the date of entry into force of this Regulation/four months before the repeal of this Regulation] and offer assistance to retrieve case data accessible to them if they wish to do so.

3. The Commission shall inform users of the platform with open ADR cases of the discontinuance of the platform by ... [two months after the date of entry into force of the Directive amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes] and offer assistance to retrieve case data accessible to them if they wish to do so.

Or. en

Amendment 5

Proposal for a regulation

Article 2 – paragraph 4

Text proposed by the Commission

Amendment

4. At the latest as of [dd/mm/yy, i.e. six months after the date of entry into force of this Regulation] all information including personal data related to the disputes in the ODR platform shall be deleted.

4. At the latest as of ... [six months after the date of entry into force the Directive amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes] all information including personal data related to the disputes in the ODR platform shall be deleted.

Or. en

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant toThe Articlerapporteur 8declares ofunder Annexher Iexclusive toresponsibility thethat Rulesshe ofdid Procedure,not thereceive rapporteurinput declaresfrom thatany sheentity hasor receivedperson inputto frombe thementioned followingin entitiesthis orAnnex personspursuant into theArticle preparation8 of Annex I to the draftRules report:of Procedure.

Entity and/or person

PROCEDURE – COMMITTEE RESPONSIBLE

BEUC - The European Consumer Organization

Title

European Consumer Center Germany

Repealing Regulation (EU) No 524/2013 and amending Regulations (EU) 2017/2394 and (EU) 2018/1724 with regards to the discontinuation of the European ODR Platform

Centro Europeu do Consumidor Portugal

References

FACUA - consumidores en accion

14152/1/2024 – C10-0199/2024 – 2023/0375(COD)

European Consumer Center Sweden

Date of Parliament’s first reading – P number

Agencia Catalana de Consum

13.3.2024 T9-0140/2024

Business Europe

Draft act considered at first reading

European Advertising Standards Alliance

COM(2023)0647 - C9-0380/2023

Ecommerce Europe

Committee(s) responsible

Amazon Europe

IMCO

European Consumer Center France

Rapporteurs

Representación Permanente de España Ante la Unión Europea

Date appointed

The list above is drawn up under the exclusive responsibility of the rapporteur.

Laura Ballarín Cereza

13.9.2024

Date adopted

3.12.2024

Result of final vote

+:

–:

0:

41

0

0

Members present for the final vote

Peter Agius, Alex Agius Saliba, Pablo Arias Echeverría, Jeannette Baljeu, Laura Ballarín Cereza, Katarina Barley, Biljana Borzan, Anna Cavazzini, Stefano Cavedagna, David Cormand, Henrik Dahl, Dóra Dávid, Adnan Dibrani, Christian Doleschal, Klara Dostalova, Kamila Gasiuk-Pihowicz, Hanna Gedin, Sandro Gozi, Maria Grapini, Maria Guzenina, Anna-Maja Henriksson, Virginie Joron, Pierre Jouvet, Arba Kokalari, Katrin Langensiepen, Nikola Minchev, Denis Nesci, Cynthia Ní Mhurchú, Reinis Pozņaks, Tomislav Sokol, Dimitris Tsiodras, Inese Vaidere, Kim Van Sparrentak, Marion Walsmann

Substitutes present for the final vote

Marc Angel, Jaroslav Bžoch, Gheorghe Falcă, Ivars Ijabs, Mariateresa Vivaldini

Members under Rule 216(7) present for the final vote

Andreas Schieder, Maria Walsh

Date tabled

6.12.2024

FINAL VOTE BY ROLL CALL BY THE COMMITTEE RESPONSIBLE

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