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Directive 2013/11/EU of the European Parliament and of the CouncilShow full title

Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)

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Article 19Information to be notified to competent authorities by dispute resolution entities

1.Member States shall ensure that dispute resolution entities established on their territories, which intend to qualify as ADR entities under this Directive and be listed in accordance with Article 20(2), notify to the competent authority the following:

(a)

their name, contact details and website address;

(b)

information on their structure and funding, including information on the natural persons in charge of dispute resolution, their remuneration, term of office and by whom they are employed;

(c)

their procedural rules;

(d)

their fees, if applicable;

(e)

the average length of the dispute resolution procedures;

(f)

the language or languages in which complaints can be submitted and the dispute resolution procedure conducted;

(g)

a statement on the types of disputes covered by the dispute resolution procedure;

(h)

the grounds on which the dispute resolution entity may refuse to deal with a given dispute in accordance with Article 5(4);

(i)

a reasoned statement on whether the entity qualifies as an ADR entity falling within the scope of this Directive and complies with the quality requirements set out in Chapter II.

In the event of changes to the information referred to in points (a) to (h), ADR entities shall without undue delay notify those changes to the competent authority.

2.Where Member States decide to allow procedures as referred to in point (a) of Article 2(2), they shall ensure that ADR entities applying such procedures notify to the competent authority, in addition to the information and statements referred to in paragraph 1, the information necessary to assess their compliance with the specific additional requirements of independence and transparency set out in Article 6(3).

3.Member States shall ensure that ADR entities communicate to the competent authorities every two years information on:

(a)

the number of disputes received and the types of complaints to which they related;

(b)

the percentage share of ADR procedures which were discontinued before an outcome was reached;

(c)

the average time taken to resolve the disputes received;

(d)

the rate of compliance, if known, with the outcomes of the ADR procedures;

(e)

any systematic or significant problems that occur frequently and lead to disputes between consumers and traders. The information communicated in this regard may be accompanied by recommendations as to how such problems can be avoided or resolved in future;

(f)

where applicable, an assessment of the effectiveness of their cooperation within networks of ADR entities facilitating the resolution of cross-border disputes;

(g)

where applicable, the training provided to natural persons in charge of ADR in accordance with Article 6(6);

(h)

an assessment of the effectiveness of the ADR procedure offered by the entity and of possible ways of improving its performance.

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