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Residual ADR Regulations

CONSULTATION  OUTCOME

  
From: Ministry for Social Dialogue, Consumer Affairs and Civil Liberties​
MCCAA
​Published: 14.10.2016
​Running till: ​29.10.2016
​Last Updated: ​02.12.2016
  

Outcome report -  access the final report by experts.pdf

 

 

 

 

Background

 
 
Directive 2013/11/EU, hereinafter referred to as the ‘ADR Directive’ provides that ‘Member States should have the possibility to provide for the creation of a residual ADR entity that deals with disputes for the resolution of which no specific ADR entity is competent.’ In exercise of this discretion, Malta has opted to designate the Complaints and Conciliation Directorate (CCD) within the Malta Competition and Consumer Affairs Authority as a Residual ADR entity. The Rationale of the proposed legislation is to regulate the functioning of the designated Residual ADR entity by establishing specific procedural rules relative to the ADR process.
The main objective of this proposed legislation is to give statutory value to the ADR procedures conducted under the auspices of the designated Residual ADR entity, namely, the Complaints and Conciliation Directorate within the Malta Competition and Consumer Affairs Authority. This will ensure that when no other ADR entity has been set up to deal with a particular consumer complaint, the consumer can still have his dispute resolved through recourse to the ADR procedure offered free of charge by the Complaints and Conciliation Directorate. By ensuring a high level of transparency, the proposed legislation aims to instill confidence in both parties, namely, trader and consumer that their dispute is being resolved in an adequately fair and transparent manner.
 

 

 

Documents

 

The draft legal notice may be downloaded through the following links:
The Directive on ADR may be downloaded through the following link:
 
The Consumer Alternative Dispute Resolution (General) Regulations may be downloaded through the following link:
 
 
 

Submission of input

 
Submissions were sent through the following channels:
By filling the online form
or by email:  info@mccaa.org.mt under the subject 'Consultation on the Consumer Alternative Dispute Resolution (Residual ADR) Regulations, 2016’.
or by post:   to the Director General (Office for Consumer Affairs), MCCAA, Mizzi House, National Road, Blata l-Bajda, Hamrun, HMR 9010.                      
We thank you in advance for your input.
  
Please be informed that submissions will be published on the webpage of this consultation at the end of the scoping phase. The lead Ministry has sole discretion upon the publication of comments.
Received contributions, together with the identity of the contributor, will be published on the Internet, unless the contributor objects to the publication of his/her personal data on the grounds that such publication would harm his/her legitimate interests. In this case the contribution may be published in anonymous form. Otherwise the contribution will not be published nor will, in principle, its content be taken into account.  Any objections concerning the publication of personal data should be sent to the service responsible for the consultation on the following email address: onlineconsultations@gov.mt.
 
Data Protection Statement Data Protection Act (Chapter 440)
 
The Data Protection Act, 2001 regulates the processing of personal data whether held electronically or in manual form. The Ministry for Social Dialogue, Consumer Affairs and Civil Liberties collects only information which is necessary for it to perform its intended functions and is set to fully comply with the Data Protection Principles as set out in the Act.  Verification of the ID number provided will take place as deemed necessary. All personal data provided will be processed according to the Data Protection Act (Cap 440).
 
 
In addition, please be aware of:
 
·         Disclosure under the Freedom of Information Act (Chapter 496)
As we are a public authority all documents we hold, including documents related to this public consultation process, may be released following a request to us under the Freedom of Information Act (Chap. 496), unless such request may be subject of an exemption arising from the same Act.

​www.konsultazzjoni.gov.mt

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