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From · report parliamentary committee draft · 2024-11-27 IMCO-PR-766590 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
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To · 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
+56 added · −7 removed · 12 modified paragraphs

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Symbols for procedures

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council position at first reading with a view to the adoptionproposal offor a regulation of the European Parliament and of the Council repealing Regulation (EU) No 524/2013,524/2013 and amending Regulations (EU) 2017/2394 and (EU) 2018/1724 with regardregards to the discontinuation of the European Online Dispute ResolutionODR Platform

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

(Ordinary legislative procedure: secondfirst reading)

– having regard to the CouncilCommission positionproposal atto firstParliament readingand (14152/1/2024the –Council C100199/2024),(COM(2023)0647),

– having regard to Article 294(2) and Article 114 of the opinionTreaty on the Functioning of the European EconomicUnion, andpursuant Socialto Committeewhich ofthe 14Commission Februarysubmitted 2024the ,proposal to Parliament (C90380/2023),

– having regard to itsArticle position294(3) atof firstthe readingTreaty on the Commission proposal to ParliamentFunctioning andof the CouncilEuropean (COM(2023)0647),Union,

– having regard to Article 294(7) of the Treatyopinion onof the FunctioningEuropean ofEconomic theand EuropeanSocial Union,Committee,

– having regard to Rule 6859 of its Rules of Procedure,

– having regard to the recommendation for second readingreport of the Committee on the Internal Market and Consumer Protection (A100000/2024),(A90000/2023),

1. Approves theAdopts Councilits position at first reading;reading hereinafter set out;

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

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

3. Instructs its President to sign the act withforward theits Presidentposition ofto the Council, in accordance with Article 297(1) of the Treaty on the FunctioningCommission ofand the Europeannational Union;parliaments.

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;

Amendment 1

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

Proposal for a regulation

SHORT JUSTIFICATION

Article 1 – paragraph 1

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.

Text proposed by the Commission

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.

Amendment

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

The rapporteur declaresPursuant underto herArticle exclusive8 responsibilityof thatAnnex sheI didto notthe receiveRules inputof fromProcedure, anythe entityrapporteur ordeclares personthat toshe behas mentionedreceived ininput thisfrom Annexthe pursuantfollowing toentities Articleor 8persons ofin Annexthe Ipreparation toof the Rules ofdraft Procedure.report:

Entity and/or person

BEUC - The European Consumer Organization

European Consumer Center Germany

Centro Europeu do Consumidor Portugal

FACUA - consumidores en accion

European Consumer Center Sweden

Agencia Catalana de Consum

Business Europe

European Advertising Standards Alliance

Ecommerce Europe

Amazon Europe

European Consumer Center France

Representación Permanente de España Ante la Unión Europea

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