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From · Plenary report · 2024-02-26 A-9-2024-0060 on the proposal for a directive of the European Parliament and of the Council amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828

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To · agreement provisional · 2025-09-17 IMCO-AG-776994 Proposal for a directive of the European Parliament and of the Council amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828

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~~PR_COD_1amCom~~

17.9.2025

~~Symbols for procedures~~

PROVISIONAL AGREEMENT RESULTING FROM INTERINSTITUTIONAL NEGOTIATIONS

* Consultation procedure

Subject: Proposal for a directive of the European Parliament and of the Council amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828

*** Consent procedure

***I Ordinary legislative procedure (first reading)

***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)

~~(The type of procedure depends on the legal basis proposed by the draft act.)~~

~~Amendments to a draft act~~

~~Amendments by Parliament set out in two columns~~

~~Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.~~

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

~~Amendments by Parliament in the form of a consolidated text~~

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.

~~By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.~~

~~DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION~~

on the proposal for a directive of the European Parliament and of the Council amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828

(COM(2023)0649 – C90384/2023 – 2023/0376(COD))

~~(Ordinary legislative procedure: first reading)~~

The interinstitutional negotiations on the aforementioned proposal for a directive have led to a compromise. In accordance with Rule 75(4) of the Rules of Procedure, the provisional agreement reproduced below is submitted to the Committee on the Internal Market and Consumer Protection for decision by way of a single vote.

~~– having regard to the Commission proposal to Parliament and the Council (COM(2023)0649),~~

ANNEX

~~– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90384/2023),~~

2023/0376 (COD)

~~– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,~~

Proposal for a

~~– having regard to the opinion of the European Economic and Social Committee of 14 February 2024,~~

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

~~– having regard to Rule 59 of its Rules of Procedure,~~

amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828

~~– having regard to the opinion of the Committee on Transport and Tourism,~~

(Text with EEA relevance)

~~– having regard to the report of the Committee on the Internal Market and Consumer Protection (A9-0060/2024),~~

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

~~1. Adopts its position at first reading hereinafter set out;~~

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

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

Having regard to the proposal from the European Commission,

~~3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.~~

After transmission of the draft legislative act to the national parliaments,

~~Amendment 1~~

Having regard the opinion of the European Economic and Social Committee,

~~Proposal for a directive~~

Acting in accordance with the ordinary legislative procedure,

~~Recital 2 a (new)~~

Whereas:

~~Text proposed by the Commission~~

(1) Directive 2013/11/EU of the European Parliament and of the Council was adopted in order to ensure that consumers within the Union have access to high quality alternative dispute resolution (“ADR”) procedures to resolve the contractual disputes arising from the sale of goods or provision of services by traders established in the Union to consumers resident in the Union. It provides for the availability of ADR procedures for all types of domestic and cross-border consumer disputes within the Union, ensuring that ADR procedures meet minimum quality standards. It requires Member States to monitor the performance of ADR entities. To increase consumer awareness and promote the use of ADR, it also provides that traders should be required to inform their consumers of the possibility to settle their dispute out-of-court through ADR procedures.

~~Amendment~~

(2) In 2019 the Commission adopted a report on the implementation of the Directive 2013/11/EU and of Regulation (EU) No 524/2013 of the European Parliament and of the Council which revealed that Directive 2013/11/EU has led to increased coverage of consumer markets by quality ADR entities throughout the Union. However, the report also identified that consumer and business uptake of ADR procedures was lagging behind in some sectors and Member States. One reason for this was the low level of awareness of traders and consumers about such procedures in Member States where they had only recently been introduced. Another reason was the lack of trust of consumers and traders in unregulated ADR entities. Data provided by national competent authorities in early 2022, as well as the evaluation of the implementation of the Directive 2013/11/EU conducted in 2023, suggest that the uptake remained relatively stable (apart from a small increase of cases related to the Covid-19 pandemic). Most stakeholders consulted in the context of that evaluation confirmed that the lack of awareness and understanding of ADR procedures by consumers, low engagement by traders, gaps in ADR coverage in certain Member States, high costs and complex national ADR procedures and differences in the competences of ADR entities, are frequent factors hindering the uptake of ADR procedures. There are additional barriers in cross-border ADR procedures, such as language, lack of knowledge of the applicable law, as well as specific access difficulties for vulnerable consumers.

(2a) In order to reach its full potential and deliver for consumers, this Directive should require participation to be mandatory for air carriers falling under the scope of Regulation (EC) No 261/2004, provided that it does not prevent the parties from exercising their right of access to the judicial system. This is the case, given that several studies have highlighted the high number of consumer complaints in the transport and tourism sector, especially in the field of air passengers rights.

▌

~~Amendment 2~~

(3) Since at least two out of five online transactions currently made by consumers residing in the Union are with traders established in third countries, the scope of Directive 2013/11/EU should be extended to allow those third country traders that are willing to participate in an ADR procedure to do so, when those traders direct their activities towards one or more Member States, within the meaning of Article 6(1), point (b) of Regulation (EC) No 593/2008 and Article 17(1), point (c), of Regulation (EU) No 1215/2012. Whether a third country trader is directing its activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as: the use of a language or a currency generally used in that Member State, the possibility of ordering products or services, the use of a relevant top-level domain, the availability of an application in the relevant national application store, the provision of local advertising or advertising in a language used in that Member State, or the handling of customer relations such as by providing customer service in a language generally used in that Member State. Member States should be able to lay out conditions for the participation in ADR procedures of traders established in third countries, in particular to avoid excessive burden on ADR entities. These conditions may include in particular the trader’s consent to the resolution of the dispute on the basis of the law applicable in the Member State in which the consumer has their place of residence and the trader’s commitment to the ADR procedural rules, including recurrent fees, where applicable.

~~Proposal for a directive~~

(4) The complexity of consumer disputes has evolved significantly since the adoption of Directive 2013/11/EU. Digitalisation of goods and services, the growing importance of e-commerce and digital advertising in the formation of consumer contracts has resulted in a rise in the number of consumers being exposed to misleading online information and manipulative interfaces preventing them from making informed purchasing decisions. It is, therefore, necessary to clarify that contractual disputes arising from the sale of goods or services include digital content and digital services.

~~Recital 2 b (new)~~

(4a) When a contract is concluded between a consumer and a trader, consumers should be able to seek redress under Directive 2013/11/EU for practices that have harmed them, whether before or after the contract is concluded.

~~Text proposed by the Commission~~

(4b) The material scope of Directive 2013/11/EU should cover, for example, situations arising from the pre-contractual phase when a contract has been concluded between a consumer and a trader, such as where a consumer concludes a contract based on misleading advertisement in regards to a specific price promotion, which falls within the scope of Directive 2005/29/EC of the European Parliament and of the Council. Other examples include situations related to the provision of compulsory precontractual information as provided for in articles 5 and 6 of Directive 2011/83/EU of the European Parliament and the Council, the right to price transparency in air fares and rates as provided for in article 23 of Regulation (EC) No 1008/2008 of the European Parliament and the Council, the right to receive pre-journey information provided for in article 9, paragraph 1, of Regulation (EU) No 2021/782 of the European Parliament and the Council, the right to receive transparent information on retail conditions for roaming calls and SMS messages as provided for in Articles 13, 14 and 15 of Regulation (EU) 2022/612 of the European Parliament and of the Council, or the provision of pre-contractual information related to package travel as provided for in article 5 of Directive (EU) 2015/2302 of the European Parliament and the Council.

~~Amendment~~

(4c) Submitting a dispute to an ADR entity does not preclude the consumer to refer the matter to another body, such as consumer associations or public enforcement authorities, neither does it prevent those other bodies from taking appropriate action to address the practice in question. Where applicable, public enforcement authorities and ADR entities work in a complementary manner. While public enforcement authorities may contribute significantly to consumer redress, by seeking remedial commitments for the benefit of consumers and/or facilitating follow-on damages actions, it is equally important that consumers are able to seek redress with the intervention of an ADR entity without prejudice to the competences of the relevant public enforcement authorities.

(2b) ADR entities should communicate to the competent authorities a list of traders who systematically and unduly refuse to comply with the outcomes of ADR procedures. Furthermore, Member States should ensure that, where they do not comply with the outcome of an ADR procedure, traders are required to provide the other parties to the ADR procedure with a written explanation.

(4d) Consumer rights and obligations of traders towards consumers related to sales and service contracts also concern situations where consumers invoke their rights relating to the legal guarantee, in accordance with articles 5 up to 8, 10 and 11 of Directive (EU) 2019/771 of the European Parliament and of the Council. Disputes can also arise regarding the contractual phase, among others, with regards to unfair terms as provided for in articles 3 up to 6 of Council Directive 93/13/EEC, the right to switch providers as provided for in article 25 of Regulation (EU) 2023/2854 of the European Parliament and of the Council, passenger and travellers’ rights as provided for in article 7 of Directive (EU) 2015/2302 or general consumer rights as provided for in articles 7 up to 18 of Directive 2011/83/EU.

~~Amendment 3~~

(4e) Consumer rights and obligations of traders towards consumers related to sales and service contracts can also be related to disputes arising after the contract is terminated. This is the case, among others, with regards to obligations of traders to refrain from using content provided or created by the consumer, as provided for in article 16, paragraph 3, of Directive (EU) 2019/770 of the European Parliament and of the Council.

~~Proposal for a directive~~

(6) Taking into account the minimum harmonisation nature of Directive 2013/11/EU, Member States ▌ have the right to apply ADR procedures ▌ to disputes relating to other ▌ rights provided for in Union and national law, such as rights arising from Articles 101 and 102 TFEU. Furthermore, it is up to the Member States to determine which ADR entity is competent for which type of dispute.

~~Recital 3~~

(7) Where a dispute arises between a provider of an online platform and a recipient of that service in relation to that provider's activities in moderating illegal or harmful content on its platform, Article 21 of Regulation (EU) 2022/2065 of the European Parliament and of the Council on out-of-court dispute settlement applies to that dispute, in accordance with Article 2(4) of that Regulation, given that it lays down more detailed rules in relation to such disputes.

~~Text proposed by the Commission~~

(8) The definitions ▌ should ▌ reflect the extended scope of Directive 2013/11/EU.

~~Amendment~~

(8a) Digital content and digital services are often supplied online under contracts in which the consumer does not pay a price but provides the trader with personal data instead of money. Directive 2013/11/EU currently only applies to contracts for which the consumer pays or undertakes to pay a price, therefore it excludes contracts for which the consumer provides personal data to the trader without paying a price. Given that there are contracts where the consumer provides or undertakes to provide personal data instead of the payment of a price, the definitions of ‘sales contract’ and ‘service contract’ should be adapted and the definitions of 'goods', 'digital content' and 'digital service' should be added.

(9) To ensure that ADR procedures are well-suited for the digital age where communication takes place online, including in a cross-border context, it is necessary to ensure swift and fair processes for all consumers. Member States should ensure that ADR entities established in their territories have the competence to provide dispute resolution procedures in disputes between traders established outside of the Union and consumers residing in their territory.

(3) Since at least two out of five online transactions made by consumers residing in the Union are with traders based in third countries, the scope of Directive 2013/11/EU should be extended to allow those third country traders willing to participate in an ADR procedure to do so. No procedural impediments should hinder consumers residing in the Union from resolving disputes against traders, irrespective of their establishment, if the traders accept to follow an ADR procedure through an ADR entity established in a Member State. In accordance with applicable Union law, the consumer should be able to commence a procedure in the Member State where he or she resides. It should not be possible to access ADR procedures in a Member State in which neither the consumer resides nor the trader is established.

(10) Under Directive 2013/11/EU Member States are obliged to ensure that the ADR procedure is available and easily accessible online and offline. Member States should ensure that, when ADR entities enable consumers to initiate and follow ADR procedures through digital tools, such as online interfaces and online complaint forms, those tools can be used by all consumers, including vulnerable consumers or those with varying levels of digital literacy. ADR entities which are public bodies are already covered by Directive (EU) 2016/2102 of the European Parliament and of the Council. ADR entities which are private bodies should strive to follow the same accessibility standards as much as possible and feasible.

~~Amendment 4~~

(10a) Member States should ensure that the natural persons in charge of ADR possess necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes, as well as a general understanding of law. To that end, Member States should also ensure that ADR entities, when necessary, provide training for natural persons in charge of ADR. The training should be adapted to the actual and the required level of expertise of the natural persons in charge of ADR.

~~Proposal for a directive~~

(10aa) In order to satisfy the requirement of submitting complaints and the requisite supporting documents online in a traceable manner, ADR entities should at least acknowledge the receipt on a durable medium and provide means to identify the complaint for further communications.

~~Recital 4~~

(10b) Technological advances may contribute to automation of dispute resolution allowing to reach faster and more consistent outcomes. Automated means that are used to help ADR reach an outcome may carry certain risks of bias and opacity. Therefore, the use of such means in the decision-making process should be fully transparent and the parties to the ADR procedure should be informed in advance of their use. Furthermore, parties to an ADR procedure using automated means in the decision-making process should be able to request that the outcome of the procedure is reviewed by a natural person from the ADR entity. That natural person should meet the requirements of Article 6(1) of Directive 2013/11/EU in terms of the necessary expertise, independence and impartiality. The decision-making process should be understood as actions which influence the decisions on whether or not to deal with the dispute or decisions concerning the outcome of the dispute and as excluding purely administrative or technical tasks.

~~Text proposed by the Commission~~

(11) In various situations, for instance mass flight cancellations during the COVID-19 pandemic, ADR procedures proved to be important mechanisms to deal with the increased number of consumer issues. Therefore, Member States should allow ADR entities to bundle ▌ cases ▌ , to make ADR outcomes consistent for consumers subjected to the same illegal practice, and more cost-efficient for ADR entities and for traders, for example where bundling leads to faster or more coherent dispute resolution. Member States should ensure that consumers are informed of such bundling, in order to be able to decide whether or not they want to participate in the procedure that involves bundling. Member States should also have the possibility to lay down additional conditions for the bundling. For instances, such further conditions could foresee that consumers could object to the bundling or that the consumer’s explicit consent is required, and whether in case of objections or lack of explicit consent the procedure would continue without bundling or would be discontinued. Additional conditions could also include requirements for a specified level of similarity of the cases and rules on how to identify similar cases to bundle them. It is clarified that the requirement for the natural persons in charge of the ADR to possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes set out in in this directive also applies to the bundling of cases.

~~Amendment~~

(12) Member States should ensure that ADR entities do not refuse to deal with a dispute where a trader introduces disproportionate rules on internal complaint-handling systems before the case can be referred to an ADR entity. For instance, in certain market sectors, some consumers face undue burden such as multiple mandatory steps in complaint-handling, or the obligation to prove that a specific part of a company’s after sales service was contacted.

(4) The complexity of consumer disputes has evolved significantly since the adoption of Directive 2011/13/EU. Digitilisation of goods and services, the growing importance of e-commerce and digital advertising in the formation of consumer contracts has resulted in a rise in the number of consumers being exposed to misleading online information and manipulative interfaces preventing them from making informed purchasing decisions. It is, therefore, necessary to clarify that contractual disputes arising from the sale of goods or services include digital content and digital services, and to extend the scope of Directive 2011/13/EU, beyond such disputes so that consumers are also able to seek redress for practices harming them at a pre-contractual stage, irrespective of whether they later become bound by a contract.

(13) Under Directive 2013/11/EU, Member States may introduce national legislation to make trader participation in ADR compulsory in sectors they deem fit, in addition to sector-specific Union legislation which provides for mandatory participation of traders in ADR. In any event, Member States should ensure that once a competent ADR entity decides to consider a consumer complaint in accordance with its procedural rules, that entity will contact and invite the trader concerned to participate in the procedure, irrespective of whether the participation of the trader is mandatory or not. To encourage traders’ participation in the ADR procedures and to ensure due and swift ADR procedures, traders established in the Union should be required to reply within a specific period to enquiries made by ADR entities on whether they agree to participate in the proposed procedure. The aim of the duty to reply is to engage traders to participate in the ADR procedures and to ensure that ADR entities and consumers know whether or not the trader will participate in the procedure. However, the trader’s reply should not be required when the applicable law provides for the mandatory participation in the ADR procedure or when the trader is contractually obliged to participate in the ADR procedure. This is without prejudice to any procedural rules that allow ADR entities to close the ADR procedure when the trader is not participating in that procedure within the time periods set by this Directive. The trader’s reply should also not be required when the ADR entity is entitled to reach an outcome even if the trader did not participate in the procedure. The consumer should be informed of the extension of the time period given to the trader to reply, if applicable.

(4) The complexity of consumer disputes has evolved significantly since the adoption of Directive 2011/13/EU. Digitalisation of goods and services, the growing importance of e-commerce and digital advertising in the formation of consumer contracts has resulted in a rise in the number of consumers being exposed to misleading online information and manipulative interfaces preventing them from making informed purchasing decisions. It is, therefore, necessary to clarify that contractual disputes arising from the sale of goods or services include digital content and digital services, and to extend the scope of Directive 2011/13/EU, beyond such disputes so that consumers are also able to seek redress for practices harming them at a pre-contractual stage, provided they later become bound by a contract, or at a post-contractual stage.

(13a) The time period for the trader to inform the ADR entity whether or not it intends to participate in the ADR procedure should be, in principle, no more than 20 working days. However, in certain exceptional cases of a complex nature or in exceptional circumstances, the ADR entity should be entitled to extend that time period in order to give the trader the opportunity to analyse the dispute thoroughly and to choose whether or not it wants to participate in an ADR procedure. In any case, that time period should not exceed 30 working days. The consumer should be informed of the extension of the deadline to reply, if applicable. If a trader fails to reply to the ADR entity within the prescribed deadline, that ADR entity may consider the non-reply as a refusal of the trader to participate, close the case and should inform the consumer accordingly.

~~Amendment 5~~

(14) To reduce information and reporting requirements and to save costs for ADR entities and national competent authorities ▌ , reporting and information requirements should be simplified and the amount of information provided by ADR entities to the competent authorities should be reduced. Among others, ADR entities should make publicly available, at least every two years, their activity reports. However, Member States should be allowed to set shorter reporting periods, for example reporting periods of one year. ADR entities should also have the possibility to communicate those activity reports to the relevant competent authorities with a view to comply with other reporting obligations under Directive 2013/11/EU, as long as they include all elements of information required.

~~Proposal for a directive~~

(14a) ADR procedures should preferably be free of charge for the consumer. In the event that costs are applied, those costs should not exceed a nominal fee. Furthermore, in order to increase the accessibility and attractiveness of ADR procedures to consumers, Member States should encourage ADR entities to reimburse consumers the nominal fee paid where and to the extent that their complaint is justified. It is important to clarify that such reimbursement is to be made by Member States, in full compliance with the principles of subsidiarity and proportionality, and not by other entities, such as the other party to the ADR procedure.

~~Recital 5~~

(14aa) In order to genuinely relieve the workload of ADR entities and give them more time to submit their reports to the competent authorities, the date of submission of the four-yearly report under Article 20 should be extended by a few months.

~~Text proposed by the Commission~~

(14b) In many Member States, consumers are still insufficiently informed about the existence and services proposed by ADR entities. In order to increase consumer awareness about ADR entities and traders participating in ADR procedures, traders should provide ADR information in a clear, prominent, comprehensible and easily accessible way. Where the trader has a website, it should present the information on it. Traders should also provide such information in their general terms and conditions.

~~Amendment~~

(14ba) The trader’s obligation to specify, where a dispute following a complaint of a consumer could not be settled further, whether or not he intends to make use of the relevant ADR entities to settle the dispute should be removed, as it is covered by the obligation for the trader to inform the ADR entity whether or not he intends to participate in the ADR procedure.

(5) Moreover, Directive 2011/13/EU should also cover consumer rights arising from Union legislation which governs relationships between consumers and traders when there is no relationship of a contractual nature, with respect to the right to access and to pay for goods and services without undergoing discrimination based on nationality, place of residence or of establishment, as provided for in Articles 4 and 5 of Regulation (EU) 2018/302 of the European Parliament and of the Council3 ; the right to open and switch bank accounts as provided for in Articles 9, 10, 11, and 16 of Directive 2014/92/EU of the European Parliament and of the Council4 and to not be discriminated against as provided for in Article 15 of that Directive; the right to receive transparent information on retail conditions for roaming calls and SMS messages as provided for in Articles 13, 14 and 15 of Regulation (EU) 2022/612 of the European Parliament and of the Council5 , the right to price transparency in air fares and rates as provided for in Article 23 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council6 . Therefore, it should be provided that disputes arising in relation to such categories of consumer rights can be dealt with in ADR procedures.

(14c) A swift cooperation between the different actors involved in the enforcement of consumer rights is crucial to ensure the overall consistency and coherence of the consumer enforcement system. The cooperation between ADR entities and national authorities entrusted with the enforcement of Union legal acts on consumer protection should also include mutual exchange of information on practices in specific business sectors, for example unfair commercial practices or terms, about which consumers have repeatedly lodged complaints. It is important to clarify that ADR entities are not competent to decide whether a practice described in consumer complaints constitutes an unfair commercial practice, so they would inform about potentially unfair commercial practices and terms.

(5) Moreover, Directive 2011/13/EU should also cover consumer rights arising from Union legislation which governs relationships between consumers and traders when there is no relationship of a contractual nature, with respect to the right to access and to pay for goods and services without undergoing discrimination based on nationality, place of residence or of establishment, as provided for in Articles 4 and 5 of Regulation (EU) 2018/302 of the European Parliament and of the Council3, or on any ground as referred to in Article 21 of the Charter of Fundamental Rights of the European Union; the right to open and switch bank accounts as provided for in Articles 9, 10, 11, and 16 of Directive 2014/92/EU of the European Parliament and of the Council4 and to not be discriminated against as provided for in Article 15 of that Directive; the right to receive transparent information on retail conditions for roaming calls and SMS messages as provided for in Articles 13, 14 and 15 of Regulation (EU) 2022/612 of the European Parliament and of the Council5 , the right to price transparency in air fares and rates as provided for in Article 23 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council6 . Therefore, it should be provided that disputes arising in relation to such categories of consumer rights can be dealt with in ADR procedures.

(14ca) To ensure that ADR entities function properly and effectively, competent authorities should conduct necessary checks on the functioning and activities of the ADR entities in order to monitor compliance with the requirements of this Directive as and when appropriate, e.g. when they receive duly justified complaints by a party of an ADR procedure that give cause for concern as to a systematic non-compliance of an ADR entity with the requirements of this Directive.

~~__________________~~

(15) To provide effective assistance to consumers and traders in cross-border disputes, it is necessary to ensure that Member States establish ADR contact points with clearly defined tasks. European Consumer Centres (“ECCs”) are well placed to perform such tasks, as they are specialised in assisting consumers with issues with their cross-border purchases, but Member States should also be able to choose other bodies with relevant expertise. Those designated ADR contact points should be communicated to the Commission and will be part of the network established by the latter.

~~__________________~~

(15x) In order to ensure that ADR entities, competent authorities and contact points are able to fulfil their tasks efficiently, in particular the tasks introduced by this Directive, they should have sufficient human, material and financial resources at their disposal. It should remain possible for Member States to determine the appropriate forms of funding for this purpose.

3 Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (OJ L 60I, 2.3.2018, p. 1).

(15a) For reasons of efficiency and effectiveness, the Commission has proposed to discontinue the European Online Dispute Resolution Platform established pursuant to Regulation (EU) No 524/2013 and to repeal that Regulation by a separate act. In those circumstances, the relevant tasks of the contact points set out in article 7 of Regulation (EU) No 524/2013 should be taken over by the ADR contact points. Those tasks entail, among others and upon request, providing information to parties involved in a dispute and facilitating communication between the parties and the competent ADR.

(15aa) To ensure procedural fairness, consumers engaging in cross-border disputes should engage with the ADR contact point determined by the consumer’s place of residence, thereby discouraging selective choice of ADR contact points for convenience or advantageous outcomes.

4 Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic feature (OJ L257, 28.8.2014, p. 214).

(15b) ADR contact points should provide assistance, upon request, to consumers intending to submit a cross-border dispute to an ADR entity. Their role should be limited to offering support and guidance and should not involve submitting complaints on behalf of consumers or representing them in the dispute. The assistance provided should facilitate communication between the parties and the ADR entity and may include identifying the competent ADR entity, providing information regarding procedural rules, helping to prepare and transmit relevant documentation. Such facilitation may also involve, where appropriate, providing the results of the machine translation of information, documents or procedural rules. ADR contact points may also provide general information on consumer rights under Union and national law, and inform the parties of other available means of redress where a dispute cannot be resolved through ADR. Consumers and traders may seek assistance from the ADR contact point in the Member State of their residence or establishment, respectively. Taking into account the minimum harmonisation nature of Directive 2013/11/EU, Member States have the possibility of allowing ADR contact points to provide assistance to consumers and traders when accessing ADR entities also with regards to domestic disputes. Such extended assistance could include providing assistance to vulnerable consumers, for example, consumers with no or limited access to digital technologies.

(16) Despite the fact that ADR procedures are meant to be simple, consumers may be assisted by a third party of their choice, such as consumer organisations or businesses that offer management services of claims during ADR procedures. Assistance could include helping consumers submit a request and other documents, advising them on the possible claims and following the overall process and allowing parties to reach an amicable settlement. Member States should ensure that providers of such assistance do so in full transparency, in particular regarding the procedural rules and costs as well as possible fees required in exchange for the assistance. Such assistance to consumers should be provided in good faith.

~~5 Regulation (EU) 2022/612 of the European Parliament and of the Council of 6 April 2022 on roaming on public mobile communications networks within the Union (OJ L 115, 13.4.2022, p. 1).~~

▌

~~5 Regulation (EU) 2022/612 of the European Parliament and of the Council of 6 April 2022 on roaming on public mobile communications networks within the Union (OJ L 115, 13.4.2022, p. 1).~~

(16b) It remains to be the case that this Directive applies to disputes between traders and consumers. Disputes between traders do not fall within the scope of this Directive. Member States may, in accordance with Union law, facilitate access to ADR procedures for the self-employed or microenterprises so that such businesses have the possibility to benefit from independent, impartial, transparent, effective, fast and fair alternative dispute resolution systems.

~~6 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3).~~

(17) To ensure that consumers are able to easily find a suitable ADR entity, especially in a cross-border context, the Commission should develop, promote and maintain a user-friendly digital interactive tool that provides information on consumer redress, including information on using ADR in cross-border context, as well as links to information on consumer rights. The digital interactive tool should aim to assist consumers to understand appropriate redress solutions for their specific case and to take the appropriate action. It should contain direct links to the complaint form, where available, of ADR entities and a machine translation function for ADR entities and ADR contact points. Furthermore, the tool should host the list of the ADR contact points notified to the Commission. While the Commission is already obliged to publish the list of the ADR entities on its website continuously, the additional functions of the tool, such as direct links to the complaint forms and the machine translation, should be available as soon as possible and no later than three months after the ADR Directive enters into force.

~~6 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3).~~

(18) Therefore, Directive 2013/11/EU should be amended accordingly.

~~Amendment 6~~

(19) As Regulation (EU) No 524/2013 is to be repealed by a separate act, it is also necessary to amend Directives (EU) 2015/2302 ▌ , (EU) 2019/2161 and (EU) 2020/1828 of the European Parliament and of the Council, as a consequence of that repeal,

~~Proposal for a directive~~

(19a) In establishing and implementing measures promoting participation of the traders and consumers in the alternative dispute resolution procedures, Member States should pay particular attention to specific business sectors with low participation level of traders in ADR procedures, and practices in those sectors about which consumers have repeatedly lodged complaints, as demonstrated by available data and complaint statistics. This is particularly the case in the transport and tourism sector, especially in the field of air passengers’ rights. Alternatively to measures promoting participation of the traders in the alternative dispute resolution procedures in those sectors, Member States may decide to introduce mandatory participation in ADR procedures of traders in those sectors.

~~Recital 5 a (new)~~

(19aa) The ADR Directive already gives Member States the possibility of adopting measures at national level making traders participation in ADR procedures mandatory, provided that those national measures do not prevent the parties from exercising their right of access to the judicial system. Several Member States have already adopted national measures for the mandatory participation of traders in ADR procedures in some specific sectors of the economy. Mandatory participation in specific sectors, has brought benefits for both consumers and traders. It contributes to increasing the trust and confidence of traders in the ADR scheme, and traders are therefore more inclined to implement the ADR decisions. The mandatory participation also brings tangible benefits for consumers, making it easier, faster, and less expensive to resolve disputes with traders, and therefore increasing the trust and confidence of consumers in the ADR procedures.

~~Text proposed by the Commission~~

(19ab) Member States should have in place measures promoting participation of the traders and consumers in the alternative dispute resolution procedures. Such measures could be of financial or non-financial nature. Measures of non-financial nature could include information campaigns, participation certificates. Measures of financial nature could, for example, take the form of preferential fee or treatment for compliant traders, participation without any cost for traders and consumers, reimbursement of the costs for a specific number of ADR procedures to facilitate familiarization with their benefits, provision of employees training schemes and co-financing the creation of sectorial alternative dispute resolution entities.

~~Amendment~~

HAVE ADOPTED THIS DIRECTIVE:

(5a) Member States should take note of the Commission Recommendation of 17 October 2023 on quality requirements for dispute resolution procedures offered by online marketplaces and Union trade associations. The Commission should be encouraged to complement this Directive with a Regulation on quality requirements for dispute resolution procedures offered by online marketplaces and Union trade associations.

Article 1 Amendments to Directive 2013/11/EU

~~Amendment 7~~

Directive 2013/11/EU is amended as follows:

~~Proposal for a directive~~

▌

~~Recital 10~~

(1) In Article 2, paragraph 1 is replaced by the following:

~~Text proposed by the Commission~~

‘1. This Directive shall apply to procedures for the out-of-court resolution of domestic disputes, cross-border disputes and third country trader disputes between a consumer resident in the Union and a trader 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 where a sales or service contract, including digital content and services contracts, is concluded between a consumer and a trader where the consumer pays or undertakes to pay the price, and where a dispute arises relating to pre-contractual and contractual obligations. This Directive shall also apply where the trader supplies or undertakes to supply digital content which is not supplied on a tangible medium or a digital service to the consumer and the consumer provides or undertakes to provide personal data to the trader. It shall not apply to cases falling under the exceptions provided for in Article 4(2)(b) of Directive (EU) 2019/2161.

~~Amendment~~

▌

(10) Member States should ensure that ADR should enable consumer to initiate and follow ADR procedures also offline if requested. It should also be ensured that when digital tools are provided, those can be used by all consumers, including vulnerable consumers or those with varying levels of digital literacy. Members States should ensure that, upon request, parties to the disputes always have access to a review of automated procedures by a natural person.

(2) ▌ Article 4(1) is amended as follows:

(10) Member States should ensure that ADR should enable consumer to initiate and follow ADR procedures also offline if requested. It should also be ensured that when digital tools are provided, those can be used by all consumers, including vulnerable consumers or those with varying levels of digital literacy. Members States should ensure that parties to the disputes, in particular consumers, have access to a review of automated procedures by a natural person, who should be independent and impartial.

‘(a) points (c), (d), (e) and (f) are replaced by the following:

~~Amendment 8~~

‘(c) ‘sales contract’ means any contract under which the trader transfers or undertakes to transfer ownership of goods to the consumer, including any contract having as its object both goods and services;

~~Proposal for a directive~~

(ca) ‘goods’ means any good as defined in point (5) of Article 2 of Directive (EU) 2019/771;

~~Recital 10 a (new)~~

(cb) ‘digital content’ means digital content as defined in point (1) of Article 2 of Directive (EU) 2019/770;

~~Text proposed by the Commission~~

(d) ‘service contract’ means any contract other than a sales contract under which the trader supplies or undertakes to supply a service, including a digital service, to the consumer;

~~Amendment~~

(da) ‘digital service’ means a digital service as defined in point (2) of Article 2 of Directive (EU) 2019/770;

(10a) In order to enhance consumer and traders’ trust and increase their participation in ADR procedures, it is fundamental to ensure that the functioning and work of ADR entities is of good quality. In this sense, the expertise and knowledge of the ADR entity staff should be updated on a regular basis. Therefore, ADR entities should provide natural persons in charge of ADR procedures with regular training to ensure their knowledge is continuously updated.

(e) ‘domestic dispute’ means a dispute between a consumer and a trader, related to contractual obligations as referred to in article Article 2(1), where, at the time the consumer orders the goods or services, the consumer is resident in the same Member State as that in which the trader is established;

~~Amendment 9~~

(f) ‘cross-border dispute’ means a dispute between a consumer and a trader, related to contractual obligations ▌ as referred to in article Article 2(1), where, at the time the consumer orders the goods or services, the consumer is resident in a Member State other than the Member State in which the trader is established;’.

~~Proposal for a directive~~

(fa) ‘third country trader dispute’ means a dispute between a consumer and a trader, related to contractual obligations as referred to in Article 2(1), where, at the time the consumer orders the goods or services, the consumer is resident in a Member State and the trader is established outside of the Union and directs its activities towards that Member State, within the meaning of Article 6(1), point (b) of Regulation (EC) No 593/2008 and Article 17(1), point (c), of Regulation (EU) No 1215/2012; ▌

~~Recital 11~~

▌(3) Article 5 is amended as follows:

~~Text proposed by the Commission~~

(a) paragraph 1 is replaced by the following:

~~Amendment~~

‘1. ▌ Member States shall facilitate access by consumers to ADR procedures and ensure that disputes covered by this Directive which involve a trader established on their respective territories ▌ can be submitted to an ADR entity which complies with the requirements set out in this Directive

(11) Member States should also enable ADR entities to bundle similar cases against a specific trader, to make ADR outcomes consistent for consumers subjected to the same illegal practice, and more cost-efficient for ADR entities and for traders. Consumers should be informed accordingly and should be given the opportunity to refuse from having their dispute bundled.

1a. Each Member State shall also facilitate access by consumers residing in their respective territories, to ADR procedures for the resolution of third country trader disputes covered by this Directive and ensure that those disputes can be submitted to an ADR entity which complies with the requirements set out in this Directive, following a joint request by the consumer and the third country trader. Member States may make that access conditional on the parties' agreement to the resolution of the dispute on the basis of the law applicable in the Member State in which the ADR entity is established and the consumer has their place of residence and the trader’s commitment to the ADR procedural rules, including recurrent fees, where applicable. Member States may set out additional conditions, ensuring that dealing with such cases does not seriously impair the effective operation of the ADR entities. The trader’s and consumers’ agreement on the applicable law for the resolution of the dispute under the first subparagraph shall not result in the consumer being deprived of the protection afforded to them by the provisions that cannot be derogated from by agreement by virtue of the law of the Member State in which he is habitually resident.’

(11) Member States should also enable ADR entities with sufficient knowledge to bundle similar cases against a specific trader, where the natural persons in charge of ADR procedures have sufficient knowledge and expertise to deal with the case. This would help to make ADR outcomes consistent for consumers subjected to the same illegal practice, and more cost-efficient for ADR entities and for traders. Consumers should be informed accordingly and should be given the opportunity to refuse from having their dispute bundled.

(b) ▌ paragraph 2 is replaced by the following:

~~Amendment 10~~

‘2. Member States shall ensure that ADR entities:

~~Proposal for a directive~~

(a) maintain an up-to-date website which provides the parties with easy access to information concerning the ADR procedure, and which enables consumers to submit complaints and the requisite supporting documents online in a traceable manner;

~~Recital 13~~

(b) enable consumers to choose whether to submit complaints and other supporting documents and to access ADR in a digital or a non-digital format. When ADR entities offer digital ADR procedures, they shall do so through easily accessible and inclusive tools;

~~Text proposed by the Commission~~

▌

~~Amendment~~

(c) where applicable, inform the parties in advance in a clear, comprehensible and easily accessible way about the use of automated means in the ADR decision-making process and ensure that the parties to the dispute have the right to request that the outcome of the ADR procedure be reviewed by a natural person from the ADR entity meeting the requirements of Article 6(1), when automated means were used in the ADR decision-making process;

(ca) inform the parties to the dispute of their right to request that the outcome of the ADR procedure be reviewed by a natural person as referred to in point (c);

(d) may bundle ▌cases on condition that:

~~Amendment 11~~

a) the consumer concerned is informed of the bundling;

~~Proposal for a directive~~

b) the natural persons in charge of the ADR procedures have sufficient knowledge to deal with the case in accordance with Article 6. Member States may define additional conditions for the bundling.

~~Recital 13 a (new)~~

(e) accept domestic, cross-border and where applicable third country trader disputes;

~~Text proposed by the Commission~~

(f) when dealing with disputes covered by this Directive, take the necessary measures to ensure that the processing of personal data complies with the rules on the protection of personal data laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council.’

~~Amendment~~

(13a) In order to ensure that consumers can expect full independence and impartiality, as provided for in this Directive, when dealing with all types of ADR entities, including ADR entities where the natural persons in charge of dispute resolution are employed or remunerated exclusively by the individual trader, also commonly referred to as ‘in-house’ ADR entities, such ADR entities should only have access to data strictly related to the case and explicitly provided by the trader or the consumer.

‘(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 or substance of such contact;’

~~Amendment 12~~

(d) the following paragraphs are added:▌

~~Proposal for a directive~~

7a. Member States shall ensure that once a competent ADR entity decides to consider a consumer complaint in accordance with its procedural rules, that entity will contact and invite the trader concerned to participate in the procedure, irrespective of whether the participation of the trader is mandatory or not.

~~Recital 14~~

8. Member States shall ensure that traders established in their territories that are contacted by a competent ADR entity ▌, inform that ADR entity whether, or not, they agree to participate in the proposed procedure. The trader shall reply to the ADR entity within a reasonable period of time, which shall not exceed 20 working days. In the case of complex disputes or in exceptional circumstances, the relevant ADR entity may extend that time period, which in any event shall not exceed 30 working days. ADR entity shall inform the consumer of the extension of the deadline to reply, if applicable. When the trader fails to reply within the time period set out in the second sub-paragraph, the ADR entity may presume that the trader has refused to participate in the procedure, may close the case and shall inform the consumer accordingly. The consequences of the failure to reply shall be set out in the national legislation.

~~Text proposed by the Commission~~

The duty to reply referred to in the first subparagraph shall not apply in the following cases:

~~Amendment~~

(a) where the trader’s participation is mandatory;

(14) To reduce information and reporting requirements and to save costs for ADR entities, national competent authorities and traders, reporting and information requirements should be simplified and the amount of information provided by ADR entities to the competent authorities should be reduced.

(b) where ADR outcomes can be reached without the trader’s consent to participate; or

~~deleted~~

~~Amendment 13~~

(3a) Article 6 is amended as follows:

~~Proposal for a directive~~

~~Recital 14 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

(14a) ADR procedures should preferably be free of charge for the consumer. In the event that costs are applied, those costs should not exceed a nominal fee. Furthermore, in order to increase the accessibility and attractiveness of ADR procedures to consumers, those fees should be reimbursable. It is important to clarify that such reimbursement is to be made by Member States, in full compliance with the principles of subsidiarity and proportionality, and not by other entities, such as the other party to the ADR procedure.

~~Amendment 14~~

~~Proposal for a directive~~

~~Recital 14 b (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~Amendment 15~~

~~Proposal for a directive~~

~~Recital 14 c (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

(14c) A swift cooperation between the different actors involved in the enforcement of consumer rights is crucial to ensure the overall consistency and coherence of the consumer enforcement system. In cases where an unfair commercial practice has been brought to the attention of ADR entities, those entities should report to their national competent authorities or consumer organisation if they have credible reasons to suspect that an unfair commercial practice and terms has occurred.

~~Amendment 16~~

~~Proposal for a directive~~

~~Recital 15~~

~~Text proposed by the Commission~~

~~Amendment~~

(15) To provide effective assistance to consumers and traders in cross-border disputes, it is necessary to ensure that Member States establish ADR contact points with clearly defined tasks. European Consumer Centres (“ECCs”) are well placed to perform such tasks, as they are specialised in assisting consumers with issues with their cross-border purchases, but Member States should also be able to choose other bodies with relevant expertise. Member States should communicate those designated ADR contact points to the Commission and ensure that they have adequate budgetary and human resources. Consumers should be entitled to carry out a cross-border ADR procedure in an official language of the Member State in which they are resident.

~~Amendment 17~~

~~Proposal for a directive~~

~~Recital 15 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

(15a) To ensure procedural fairness, consumers engaging in cross-border disputes should engage with the ADR contact point determined by the consumer’s place of residence, thereby discouraging selective choice of ADR contact points for convenience or advantageous outcomes.

~~Amendment 18~~

~~Proposal for a directive~~

~~Recital 15 b (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

(15b) In cross-border disputes, ADR entities should use Union law as a point of reference for the resolution of the disputes. Nevertheless, in both domestic and cross-border disputes, ADR entities should always take into account the remedies available in Union and applicable national law.

~~Amendment 19~~

~~Proposal for a directive~~

~~Recital 16~~

~~Text proposed by the Commission~~

~~Amendment~~

(16) Despite the fact that ADR procedures are meant to be simple, consumers may be assisted by a third party of their choice during ADR procedures. Member States should ensure that such assistance is provided in good faith to allow a fair procedure and in full transparency, in particular regarding the possible fees required in exchange for the assistance. In addition, Member States are encouraged to extend the benefit of consumer ADR systems to micro enterprises and self employed to ensure that such businesses have access to cheap and quality alternative dispute resolution systems to solve contractual disputes.

~~Amendment 20~~

~~Proposal for a directive~~

~~Recital 16 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

(16a) Not all ADR entities have the expertise to deal with non-contractual matters, in particular unfair commercial practices and terms. Therefore, procedures of ADR entities in this area should be limited to unfair commercial practices and terms with a personal scope, and hence only cover matters where a damage or loss, material or immaterial, has occurred to the consumer directly. In addition, only ADR entities that can demonstrate necessary expertise in the relevant area, covering the relevant economic sector in its entirety, such as a sectorial ombudsman, should be empowered to take on such procedures. ADR entities sometimes choose to deviate from strict legal provisions in order to base their decisions on equity principles. This implies that ADR entities could opt for solutions that, in their judgment, align with a sense of what is morally or ethically right in a particular situation, diverging from a strict adherence to legal statutes. However, the use of fairness principles should not be acceptable when it comes to unfair commercial practices, which are not subject to compromises or mediated outcomes as they touch upon public order and the fundamentals of consumer protection.

~~Amendment 21~~

~~Proposal for a directive~~

~~Recital 16 b (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

(16b) The means used by consumer organisations and business associations to make the Commission’s list of ADR entities publicly available can include relevant broadcasts concerning consumer protection and consumer rights.

~~Amendment 22~~

~~Proposal for a directive~~

~~Recital 17~~

~~Text proposed by the Commission~~

~~Amendment~~

(17) To ensure that consumers are able to easily find a suitable ADR entity, especially in a cross-border context, the Commission should develop and maintain a digital interactive tool that provides information about ADR entities’ main characteristics, practical information about how to avail of ADR procedures in a cross-border context and links to the webpages of the ADR entities, as notified to it, allowing consumers to be directed to a competent body to resolve their disputes. The Commission should ensure coordination between this digital interactive tool and other EU and national digital tools, where appropriate.

~~Amendment 23~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point -1 (new)~~

~~Directive 2013/11/EU~~

~~Article 1~~

~~Present text~~

~~Amendment~~

~~-1. Article 1 is replaced by the following:~~

~~Article 1~~

~~Subject matter~~

‘The purpose of this Directive is, through the achievement of a high level of consumer protection, to contribute to the proper functioning of the internal market by ensuring that consumers can, on a voluntary basis, submit complaints against traders to entities offering independent, impartial, transparent, effective, fast and fair alternative dispute resolution procedures.

~~The participation of air carriers falling under the scope of Regulation (EC) No 261/2004 in ADR procedures shall be mandatory, without prejudice to the right of parties to access the judicial system.~~

This Directive is without prejudice to national legislation making participation in such procedures mandatory in economic sectors other than those referred to in the second subparagraph, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system.’

~~(32013L0011)~~

~~Amendment 24~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 1~~

~~Directive 2013/11/EU~~

~~Article 2 – paragraph 1 – point a~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(a) contractual obligations stemming from sales contracts, including for the supply of digital content, or service contracts;~~

(a) contractual obligations stemming from sales contracts, including for the supply of digital content, or service contracts, including pre-contractual and post-contractual obligations and in particular in relation to:

~~(i) unfair commercial practices and terms;~~

~~(ii) compulsory pre-contractual information ;~~

~~(iii) passenger and travellers’ rights;~~

~~(iv) remedies in the event of non-conformity of products and digital content; and~~

~~(v) access to deliveries.~~

~~Amendment 25~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 1~~

~~Directive 2013/11/EU~~

~~Article 2 – paragraph 1 – point b – introductory part~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(b) consumer rights applicable to non-contractual and pre-contractual situations and provided in Union law concerning:~~

~~(b) consumer rights applicable to non-contractual situations and provided in Union law concerning:~~

~~Amendment 26~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 1~~

~~Directive 2013/11/EU~~

~~Article 2 – paragraph 1 – point b – point i~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(i) unfair commercial practices and terms,~~

~~(i) non-discrimination on the basis of nationality or place of residence;~~

~~Amendment 27~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 1~~

~~Directive 2013/11/EU~~

~~Article 2 – paragraph 1 – point b – point ii~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(ii) compulsory precontractual information,~~

~~(ii) access to services;~~

~~Amendment 28~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 1~~

~~Directive 2013/11/EU~~

~~Article 2 – paragraph 1 – point b – point iii~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(iii) non-discrimination on the basis of nationality or place of residence,~~

~~(iii) right to switch providers; and~~

~~Amendment 29~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 1~~

~~Directive 2013/11/EU~~

~~Article 2 – paragraph 1 – point b – point iv~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(iv) access to services and deliveries,~~

~~(iv) unfair commercial practices not falling under point (a)(i), provided that:~~

~~(1) the ADR entity is a sectorial coverage entity with the necessary knowledge about unfair commercial practices;~~

~~(2) the ADR entity has adequate resources and funding;~~

~~(3) the unfair practice resulted in material or immaterial damage to the consumer; and~~

~~(4) the entity applies applicable law when dealing with unfair commercial practices.~~

~~Amendment 30~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 1~~

~~Directive 2013/11/EU~~

~~Article 2 – paragraph 1 – point b – point v~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(v) remedies in case of non-conformity of products and digital content,~~

~~deleted~~

~~Amendment 31~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 1~~

~~Directive 2013/11/EU~~

~~Article 2 – paragraph 1 – point b – point vi~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(vi) right to switch providers, and~~

~~deleted~~

~~Amendment 32~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 1~~

~~Directive 2013/11/EU~~

~~Article 2 – paragraph 1 – point b – point vii~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(vii) passenger and travellers’ rights.~~

~~deleted~~

~~Amendment 33~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 2 a (new)~~

~~Directive 2013/11/EU~~

~~Article 4 – paragraph 1 – point f a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~2a. In Article 4, the following point is inserted:~~

~~‘(fa) “unfair commercial practice” means any misleading commercial practice within the meaning of Annex I to Directive 2005/29/EC.’.~~

~~Amendment 34~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 3 – point a~~

~~Directive 2013/11/EU~~

~~Article 5 – paragraph 1~~

~~Text proposed by the Commission~~

~~Amendment~~

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.;

~~Amendment 35~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 3 – point b~~

~~Directive 2013/11/EU~~

~~Article 5 – paragraph 2 – point -a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(-a) maintain an up-to-date website which provides the parties with easy access to information concerning the ADR procedure;~~

~~Amendment 36~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 3 – point b~~

~~Directive 2013/11/EU~~

~~Article 5 – paragraph 2 – point a a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(aa) ensure that consumers can submit complaints in the Member State in which they reside;~~

~~Amendment 37~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 3 – point b~~

~~Directive 2013/11/EU~~

~~Article 5 – paragraph 2 – point c~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(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;~~

~~(c) when the procedure was carried out by automated means, ensure that parties to the dispute have access to review by a natural person, who is independent and impartial;~~

~~Amendment 38~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 3 – point b~~

~~Directive 2013/11/EU~~

~~Article 5 – paragraph 2 – point d~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(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;~~

(d) may bundle similar cases against one specific trader into one procedure, on condition that the consumer concerned is informed and expressly agrees to that bundling and that, in accordance with Article 6, the natural persons in charge of the ADR procedures have sufficient knowledge to deal with the case;

~~Amendment 39~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 3 – point d~~

~~Directive 2013/11/EU~~

~~Article 5 – paragraph 8~~

~~Text proposed by the Commission~~

~~Amendment~~

8. Member States shall ensure that traders established in their territories that are contacted by an ADR entity from their own Member State 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 15 working days. However, an extension to this deadline up to a maximum of 20 working days may be granted in the case of complex disputes or as a result of exceptional circumstances, such as a period of high activity or an external crisis.

~~Amendment 40~~

~~Proposal for a directive~~

~~Article premier – paragraph 1 – point 3 a (new)~~

~~Directive 2013/11/EU~~

~~Article 6~~

~~Present text~~

~~Amendment~~

~~3a. Article 6 is amended as follows:~~

(a) paragraph 1, point (a) is replaced by the following:

~~(a)~~‘(a) possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes, as well as a general understanding of ~~law;~~law and, when dealing with cross-border cases, a general understanding of private international law;’

‘(a) possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes, as well as a general understanding of law, including, when dealing with cross-border cases, private international law;'

(b) in paragraph 3 the following point is inserted:

‘(aa) where a dispute is handled by an ADR entity and the natural persons in charge of dispute resolution are employed or remunerated exclusively by the individual trader, the ADR entity shall only have access to data strictly related to the case and specifically provided by the trader or the ~~consumer;’;~~consumer.’

6.‘6. For the purposes of point (a) of paragraph 1, Member States shall ~~encourage~~ensure that ADR entities to provide necessary training for natural persons in charge of ADR. ~~If such training is provided, competent~~Competent authorities shall monitor the training schemes established by ADR entities, on the basis of information communicated to them in accordance with point (g) of Article ~~19(3).~~19(3).’

‘6. For the purposes of point (a) of paragraph 1, Member States shall ensure that ADR entities provide regular training for natural persons in charge of ADR, in particular in the area of consumer law and other relevant sectorial legislation. Competent authorities shall monitor the training schemes established by ADR entities, on the basis of information communicated to them in accordance with point (g) of Article 19(3).’

(4) Article 7 is amended as follows:

~~(32013L0011)~~

(a) In paragraph 1 the following point is added:

~~Amendment 41~~

(p) if applicable, contact information of national authorities enforcing Union and national legal acts on unfair commercial practices and terms.

~~Proposal for a directive~~

(b) Paragraph 2 is amended as follows:

~~Article 1 – paragraph 1 – point 4 – point b~~

(a) in the introductory phrase, the first sentence is replaced by the following:

~~Directive 2013/11/EU~~

‘Member States shall ensure that, at least every 2 years, ADR entities make activity reports publicly available on their websites. In addition, Member States shall require ADR entities to provide, upon request, those activity reports on a durable medium ▌ and by any other means that ADR entities consider appropriate ▌ .’

~~Article 7 – paragraph 2 – point h~~

~~Text proposed by the Commission~~

~~Amendment~~

(b) point (h) is deleted.

~~deleted~~

▌

~~Amendment 42~~

(4b) The following article is inserted:

~~Proposal for a directive~~

‘Article X

~~Article 1 – paragraph 1 – point 4 a (new)~~

1. Member States shall have in place measures to promote the participation of traders and consumers in the alternative dispute resolution procedures.’

~~Directive 2013/11/EU~~

(5) ▌Article 13 is amended as follows:

~~Article 8 – paragraph 1 – points c and d a (new)~~

(a) paragraph 2 is replaced by the following:

~~Present text~~

~~Amendment~~

~~4a. Article 8 is amended as follows:~~

~~(a) point (c) is replaced by the following:~~

~~(c) the ADR procedure is free of charge or available at a nominal fee for consumers;~~

‘(c) the ADR procedure is free of charge or available at a nominal fee for consumers and, in the event that a nominal fee is charged for consumers, that fee is reimbursable by national authorities when the dispute is resolved;’;

~~(b) the following point is inserted:~~

~~‘(da) at the consumer’s request, the parties have access to the procedure with the possibility to hold a physical meeting;’~~

~~(32013L0011)~~

~~Amendment 43~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 4 b (new)~~

~~Directive 2013/11/EU~~

~~Article 11 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~4b. The following article is inserted:~~

~~‘Article 11a~~

Member States shall ensure that, where they do not comply with the outcome of an ADR procedure, irrespective of whether the outcome of that procedure is binding, traders are required to provide the other parties to the ADR procedure with a written explanation.’.

~~Amendment 44~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 5~~

~~Directive 2013/11/EU~~

~~Article 13 – paragraph 3~~

~~Text proposed by the Commission~~

~~Amendment~~

~~5. In article 13, paragraph 3 is deleted.~~

~~5. In Article 13, paragraph 2 is replaced by the following:~~

‘2. The information referred to in paragraph 1 shall be provided:

(a) on the traders’ website, where it exists, in a clear, prominent, comprehensible and easily accessible way;

(b) in the general terms and conditions of sales or service contracts between the trader and a ~~consumer; and~~consumer.’

~~(c) on the invoices issued by the trader.~~

(b) paragraph 3 is replaced by the following:

~~2a. Traders shall make an email address available allowing consumers to contact them, including for the sole purpose of ADR procedures.’~~

‘3. Member States shall ensure that, in cases where a dispute between a consumer and a trader established in their territories could not be resolved further to a complaint submitted directly by the consumer to the trader, the trader is required to provide the consumer with the information referred to in paragraph 1.’

~~(32013L0011)~~

(6) Article 14 is replaced by the following:

~~Amendment 45~~

‘Article 14

~~Proposal for a directive~~

Assistance in cross-border disputes

~~Article 1 – paragraph 1 – point 6~~

1. Member States shall ensure that, with regard to cross-border disputes, consumers and traders are able to obtain assistance to facilitate their access to the ADR entity or entities competent to deal with their cross-border dispute.

~~Directive 2013/11/EU~~

2. Each Member State shall designate an ADR contact point responsible for the task referred to in paragraph 1 and 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 which belongs to the European Consumer Centres Network, or, if not possible, on consumer organisations or on any other body dealing with consumer protection.

~~Article 14 – paragraph 1 a (new)~~

2a. When requesting assistance in cross-border disputes, consumers shall use the ADR contact point assigned on the basis of the consumer’s place of residence, and traders shall use the ADR contact point in their place of establishment

~~Text proposed by the Commission~~

3. Member States shall ensure that, upon request the ADR contact points ▌facilitate communication between the parties and the competent ADR entity. Such facilitation shall include at least the following tasks:

~~Amendment~~

(a) assisting with the submission of the complaint and, where appropriate, relevant documentation;

~~1a. Member States shall ensure that consumers can carry out cross-border ADR procedures in an official language of the Member State in which they are resident.~~

(aa) supporting the parties, where necessary, by providing the results of machine translation of information, documentation or procedural rules;

~~Amendment 46~~

(b) providing the parties ▌ with general information on ▌ consumer rights at Union and at their national level

~~Proposal for a directive~~

▌

~~Article 1 – paragraph 1 – point 6~~

~~Directive 2013/11/EU~~

(d) informing the complainant party of other means of redress when a dispute cannot be resolved through an ADR procedure.

~~Article 14 – paragraph 2~~

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.

~~Text proposed by the Commission~~

5. Member States shall require that in performing their activities, all actors assisting consumers in cross-border or domestic disputes shall provide relevant information to consumers in full transparency, including information regarding procedural rules and any applicable fees, and shall do so acting in good faith.’

~~Amendment~~

(6a) In article 17, paragraph 3 is replaced by the following:

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. Member States shall ensure that cooperation and mutual information exchanges referred to in paragraphs 1 and 2 comply with the rules on the protection of personal data laid down in Regulation (EU) 2016/679.’

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, on consumer organisations or on any other body dealing with consumer protection and ensure that they have adequate budgetary and human resources.

(6b) In Article 17, paragraph 2 is replaced by the following:

~~Amendment 47~~

‘2. This cooperation shall in particular include mutual exchange of information on practices in specific business sectors about which consumers have repeatedly lodged complaints, including on unfair commercial practices or terms. It shall also include the provision of technical assessment and information by such national authorities to ADR entities where such assessment or information is necessary for the handling of individual disputes and is already available.’

~~Proposal for a directive~~

▌

~~Article 1 – paragraph 1 – point 6~~

(8) ▌ Article 20 is amended as follows:

~~Directive 2013/11/EU~~

(a) in paragraph 1, the following subparagraph is inserted:

~~Article 14 – paragraph 2 a (new)~~

‘Additionally, competent authorities shall conduct necessary checks on the functioning and activities of the ADR entities to monitor compliance with the requirements of this Directive.’

~~Text proposed by the Commission~~

(aa) in paragraph 6 the first sentence is amended as follows:

~~Amendment~~

‘6. By 9 July 2018, and by 1 November every four years thereafter, each competent authority shall publish and send to the Commission a report on the development and functioning of ADR entities.’;

2a. Consumers and traders engaged in cross-border disputes shall use the ADR contact point assigned on the basis of the consumer’s place of residence and the ADR entity of the Member State in which he or she is resident.

(b) the following paragraphs are added:

~~Amendment 48~~

‘8. By [three months after the entry into force of this Directive], The Commission shall develop a user-friendly digital interactive tool that provides ▌ information on consumer redress, including information on using ADR in cross-border context, as well as links to information on consumer rights. The tool shall also host the list of the ADR entities ▌ in accordance with paragraph 4 of this Article, and of the ADR contact points notified under Article 14(2) of this Directive, including the link to their websites. The Commission shall promote this interactive tool and ensure its technical maintenance. The tool shall include a machine translation function available to the ADR entities and the ADR contact points free of charge. Member States are encouraged to provide a prominent link to this Commission tool on any national websites serving a similar purpose. Competent authorities shall inform contact points and ADR entities of the machine translation function referred to in the first subparagraph.

~~Proposal for a directive~~

9. The Commission shall create a network of ADR contact points.’.

~~Article 1 – paragraph 1 – point 6~~

▌

~~Directive 2013/11/EU~~

(9) In article 24, the following paragraph 4 is added:

~~Article 14 – paragraph 3 – point a a (new)~~

‘4. By [26 months after entry into force] Member States shall communicate to the Commission the names and contact details of the ADR contact points designated in accordance with Article 14(2).’

~~Text proposed by the Commission~~

Article 2 Amendment to Directive (EU) 2015/2302

~~Amendment~~

In Article 7(2) of Directive (EU) 2015/2302, point (g) is replaced by the following:

~~(aa) assisting the parties and ADR entities, where necessary, with the translation of information, documentation or procedural rules;~~

‘(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 and, where applicable, on the ADR entity by which the trader is covered;’

~~Amendment 49~~

Article 3 Amendment to Directive (EU) 2019/2161

~~Proposal for a directive~~

In Article 5 of Directive (EU) 2019/2161, point (b) is replaced by the following:

~~Article 1 – paragraph 1 – point 6~~

‘(b) submit a complaint to the competent centre of the European Consumer Centres Network, depending on the parties involved.’

~~Directive 2013/11/EU~~

Article 4 Amendment to Directive (EU) 2020/1828

~~Article 14 – paragraph 3 – point b a (new)~~

In Annex I to Directive (EU) 2020/1828, point (44) is deleted.

~~Text proposed by the Commission~~

Article 5 Transposition

~~Amendment~~

1. By [26 months after entry into force], Member States shall adopt and publish the measures necessary to comply with Article 1 of this Directive. They shall immediately inform the Commission thereof.

~~(ba) providing the parties and ADR entities with relevant information on the consumer protection law of the Member State;~~

They shall apply those measures from [32 months after entry into force].

~~Amendment 50~~

2. By [26 months after entry into force] of this Directive, 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.

~~Proposal for a directive~~

They shall apply those measures from [32 months after entry into force].

~~Article 1 – paragraph 1 – point 6 a (new)~~

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.

~~Directive 2013/11/EU~~

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.

~~Article 15 – paragraph 2~~

Article 6 Entry into force

~~Present text~~

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

~~Amendment~~

Article 7 Addressees

~~6a. In Article 15, paragraph 2 is replaced by the following:~~

This Directive is addressed to the Member States.

2. Member States shall encourage relevant consumer organisations and business associations to make publicly available on their websites, and by any other means they consider appropriate, the list of ADR entities referred to in Article 20(4).

Done at Brussels,

‘2. Member States shall ensure that relevant consumer organisations and business associations make publicly available on their websites and brochures and by any other means they consider appropriate, the list of ADR entities referred to in Article 20(4).’

For the European Parliament For the Council

~~(32013L0011)~~

The President The President

~~Amendment 51~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 6 b (new)~~

~~Directive 2013/11/EU~~

~~Article 17 – paragraph 2~~

~~Present text~~

~~Amendment~~

~~6b. In Article 17, paragraph 2 is replaced by the following:~~

2. This cooperation shall in particular include mutual exchange of information on practices in specific business sectors about which consumers have repeatedly lodged complaints. It shall also include the provision of technical assessment and information by such national authorities to ADR entities where such assessment or information is necessary for the handling of individual disputes and is already available.

‘2. This cooperation shall in particular include mutual exchange of information on practices in specific business sectors about which consumers have repeatedly lodged complaints. It shall also, where appropriate, include an obligation for ADR entities to direct consumers to the national authorities referred to in paragraph 1 whenever they report unfair commercial practices. In addition, it shall also, where appropriate, include an obligation on ADR entities to report unfair commercial practices and terms and conditions to those national authorities whenever they become aware of them. It shall also include the provision of technical assessment and information by such national authorities to ADR entities where such assessment or information is necessary for the handling of individual disputes and is already available.’

~~(32013L0011)~~

~~Amendment 52~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 6 c (new)~~

~~Directive 2013/11/EU~~

~~Article 17 – paragraph 5~~

~~Text proposed by the Commission~~

~~Amendment~~

~~6c. In Article 17, the following paragraph 5 is added:~~

‘5. When an unfair commercial practice is brought to the attention of the ADR entity by a consumer, the principle of confidentiality shall not apply. If there are credible reasons to suspect that such a practice has occurred, the ADR entity shall inform the national competent authority thereof, and, if appropriate, shall keep it informed about the outcome of the dispute.’.

~~Amendment 53~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 6 d (new)~~

~~Directive 2013/11/EU~~

~~Article 18 – paragraph 1~~

~~Present text~~

~~Amendment~~

~~6d. In Article 18, paragraph 1 is replaced by the following:~~

1. Each Member State shall designate a competent authority which shall carry out the functions set out in Articles 19 and 20. Each Member State may designate more than one competent authority. If a Member State does so, it shall determine which of the competent authorities designated is the single point of contact for the Commission. Each Member State shall communicate the competent authority or, where appropriate, the competent authorities, including the single point of contact it has designated, to the Commission.

"1. Each Member State shall designate a competent authority which shall carry out the functions set out in Articles 19 and 20. Member States shall ensure that their competent authorities have the necessary resources, including sufficient budgetary and other resources, such as a sufficient number of competent personnel, expertise, procedures and other arrangements for the proper performance of their duties. The natural persons working for competent authorities should be impartial and independent from the ADR entities that they supervise. Each Member State may designate more than one competent authority. If a Member State does so, it shall determine which of the competent authorities designated is the single point of contact for the Commission. Each Member State shall communicate the competent authority or, where appropriate, the competent authorities, including the single point of contact it has designated, to the Commission."

~~(32013L0011)~~

~~Amendment 54~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 6 e (new)~~

~~Directive 2013/11/EU~~

~~Article 19 – paragraph 3 – point d~~

~~Present text~~

~~Amendment~~

~~6 e. In Article 19, paragraph 3, point (d) is replaced by the following:~~

~~(d) the rate of compliance, if known, with the outcomes of the ADR procedures;~~

~~"(d) the rate of compliance, if known, with the outcomes of the ADR procedures and the traders who systematically and unduly refuse to comply with the outcomes of ADR procedures;"~~

~~(32013L0011)~~

~~Amendment 55~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 7~~

~~Directive 2013/11/EU~~

~~Article 19 – paragraph 3 – points f, g and h~~

~~Text proposed by the Commission~~

~~Amendment~~

~~7. In Article 19(3), points (f), (g) and (h) are deleted.~~

~~deleted~~

~~Amendment 56~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 8~~

~~Directive 2013/11/EU~~

~~Article 20~~

~~Text proposed by the Commission~~

~~Amendment~~

~~8. In Article 20, the following paragraph is added:~~

~~8. Article 20 is amended as follows:~~

~~(a) in paragraph 2, the following subparagraph is inserted after the second subparagraph:~~

~~‘Competent Authorities shall conduct regular checks into the functioning and activities of the ADR entities to monitor compliance with the requirements of this Directive.’;~~

~~(b) 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.’

‘8. The Commission shall develop and maintain a user-friendly digital interactive tool that provides general information on consumer redress, practical information about how consumers can avail themselves of ADR procedures in a cross-border context and links to the webpages of the ADR entities notified to it in accordance with paragraph 2 of this Article, directing consumers to a competent body to resolve their disputes

~~Where similar digital tools exist at the national level, they should provide a link to the Commission digital tool, to inform consumers with a cross-border issue.’~~

~~Amendment 57~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 8 a (new)~~

~~Directive 2013/11/EU~~

~~Article 21~~

~~Present text~~

~~Amendment~~

~~8a. Article 21 is replaced by the following:~~

~~Article 21~~

~~‘Article 21~~

~~Penalties~~

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted in particular pursuant to Article 13 and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

Member States shall lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive, in particular Article 5(8) and Article 13, and shall take all measures necessary to ensure they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.’

~~(32013L0011)~~

~~EXPLANATORY STATEMENT~~

The Alternative Dispute Resolution for consumers (ADR) Directive from 2013 aimed to ensure that consumers within the EU have access to high-quality out-of-court processes to resolve their contractual disputes against traders established in the EU. Nevertheless, the 2019 Commission’s report on the application of the ADR Directive and the ODR Regulation concluded that the ADR/ODR framework is not reaching its full potential. In addition, according to the Commission’s 2023 Consumer scoreboard, despite a quarter of consumers having experienced a problem worthy of complaint, a third of them did not act due to lengthy procedure times, small amounts involved, or low confidence in a satisfactory solution to the problem. This results in only 300,000 eligible disputes annually in the EU.

The Commission’s proposal on the revision of the ADR Directive aims to adapt to disputes resulting from new consumer market trends, which contain much more online purchasing, including from non-EU traders. The proposal extends the scope of the ADR Directive to include all kinds of consumer disputes including consumer rights applicable to non-contractual and pre-contractual situations, and to include traders established outside the EU. The proposal introduces a new digital interactive tool that provides general information on consumer redress and links to the webpages of the notified ADR entities.

The Rapporteur agrees that the ADR Directive needs to be modernised in order to improve efficiency and quality of ADR procedures, and give consumers more opportunities to settle their disputes outside of court in a way that is quicker, cheaper, and more convenient. The Rapporteur welcomes the revision of the ADR procedure, however, regrets that the Commission has only partially addressed the structural problems of the ADR procedures, such as the low engagement in ADR among businesses and consumers, the consumers unawareness, and the lack of trust among consumers and traders in ADR entities. Therefore, the draft report aims to increase the level of ambition of the Commission’s proposal with a two-fold objective: raising consumer awareness and increasing traders’ participation in ADR procedures.

When it comes to the material scope proposed by the Commission, the Rapporteur believes that an extension to non-contractual and pre-contractual obligations could lead to confusion for consumers and traders, and a lack of the necessary resources and expertise to handle the dispute for ADR entities. Therefore, the Rapporteur is proposing a reasonable extension of the material scope of consumer ADR, and suggests including specific statutory consumer rights not yet covered under the current Directive, such as non-discrimination on the basis of nationality or place of residence, the right to switch providers, passenger and travellers’ rights and mandatory pre-contractual trader obligations. Furthermore, the Rapporteur welcomes the extension of the geographical scope to include the possibility for traders established outside the EU to participate (on a voluntary basis) in ADR procedures.

Regarding trader participation in ADR procedures, the Rapporteur is suggesting to address the issue from two perspectives: (1) traders’ participation in ADR procedures, and (2) traders’ compliance with the outcome of such procedures. The Rapporteur therefore suggests mandatory trader participation in the fields of tourism and transport, due to high numbers of consumer complaints. For those sectors where national legislation makes the participation in ADR procedures voluntary, the Rapporteur introduces an obligation for traders to explain why they choose not to participate in the procedure. The Rapporteur welcomes the new obligation for traders to respond to a request made by an ADR entity whether they plan to participate in an ADR procedure against them or not. However, the Rapporteur believes that 10 working days would allow for a sufficient time frame for the traders to reply (instead of 20 working days as proposed by the Commission).

In order to increase traders’ participation in the ADR procedures, the Rapporteur propose that traders who unfairly and consistently disregard the outcomes of ADR procedures will have their names made publicly known by the Member States, and that they will be required to give written explanations to the other parties to the ADR procedure in the event that they do not comply with its decision.

Furthermore, the Rapporteur strongly believe that the ADR revision should be an opportunity to improve consumers and traders awareness and their trust in the ADR procedures. That is why the Rapporteur is proposing better consumer awareness by establishing obligatory ADR information to be provided: on the trader’s website, which should be separated from other information, in the general terms and conditions and on the invoices issued by the trader. Besides the given information, traders will have to set up a dedicated email address allowing consumers to contact them solely for the purposes of ADR procedures. In order to improve expertise and knowledge, the Rapporteur proposes mandatory annual training for ADR staff to ensure that their knowledge is continuously updated to reach a higher interest in out-of-court dispute resolution. The proposed training will cover the area of consumer law and other relevant sectorial legislation.

When it comes to the reporting obligations for ADR entities, the Commission proposes to remove some reporting requirements currently imposed on consumer ADR entities, in particular information about the training provided by ADR entities of their staff or an assessment of the effectiveness of the ADR procedure offered by the entity and of possible ways of improving their performance. The Rapporteur disagrees with the removal of reporting obligations, that are allowing competent authorities to carry an effective supervision of ADR entities.

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

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:

~~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~~

~~Eurocommerce~~

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

~~15.2.2024~~

~~OPINION OF THE COMMITTEE ON TRANSPORT AND TOURISM~~

~~for the Committee on the Internal Market and Consumer Protection~~

~~(COM(2023)0649 – C90384/2023 – 2023/0376(COD))~~

~~Rapporteur for opinion: Cláudia Monteiro de Aguiar~~

~~SHORT JUSTIFICATION~~

Adopted in 2013, the Alternative Dispute Resolution (ADR) Directive aimed at fair, fast and affordable out-of-court resolution of domestic and cross-border disputes between EU consumers and traders. Based on a minimum harmonisation approach, it caters for the varying ADR cultures and national frameworks across the different Member States. While ADR is not meant to replace court litigation, it is considered an effective redress mechanism to resolve low-value disputes, as resorting to court is more costly and often much more time-consuming. However, so far success of ADR in the EU has only been partial, its setup and efficiency often depending on the national context of each Member State. As a consequence, today there is a significant share of EU consumers who are not aware of or do not trust ADR schemes and, subsequently, abstain from complaining. Moreover, 43% of retailers in the EU are unaware of the existence of ADR as a means to resolve their disputes with consumers.

In view of the above, your Rapporteur welcomes the Commission proposal to amend ADR Directive in order to make the framework fit for digital markets, to enhance the use of ADR in cross-border disputes and to simplify ADR procedures. While generally endorsing the proposal, your Rapporteur would like to accentuate several aspects below.

Your Rapporteur supports retaining the minimum harmonisation approach in the proposal, not least in view of a still fragmented ADR landscape in the EU Member States as well as time and effort necessary to ensure seamless ADR across the EU. While recognising that certain sectors are significantly more dispute-intensive than others – indeed, transport and tourism being one of them – your Rapporteur would like to remind that the 2013 Directive already provided for a degree of flexibility for the Member States to decide whether trader participation in ADR should be mandatory or voluntary in sectors they deem fit. Having said that, whenever traders refuse to participate in an ADR procedure, they shall be required to provide written explanations.

One of the main objectives of the Commission proposal is to enhance the use of ADR in cross-border disputes through more customised assistance to consumers and traders. However, real-life examples show that ADR accessibility in cross-border disputes remains problematic, including in terms of language and applicable law. Achieving this objective will require focusing on providing ADR entities with sufficient knowledge, expertise and resources. Furthermore, currently many ADR entities operate on the basis of a general competence, with only a few Member States having ADR entities specialising in disputes related to travel and passenger rights. Therefore, your Rapporteur would like to encourage specialisation of ADR entities, especially in the fields of transport and tourism, traditionally yielding high numbers of consumer complaints, including training of those in charge of ADR in relevant sectorial legislation to anticipate the best solutions of cross-border consumer complaints.

One of the basic principles of ADR is the good will of the parties – consumers and traders – to cooperate in finding an amicable solution to a dispute, its premise being awareness of the advantages of the ADR mechanism. Therefore, it is important to build incentives for traders to join the ADR schemes, informing them about benefits thereof: confidentiality, avoiding the risk of adverse publicity and reputational damage that could arise from a court case; deciding the outcome themselves rather than having it imposed on them; and flexibility in terms of the outcome, including achieving outcomes that a court could not order, or a result that the parties think is fairer than that dictated by law. At the same time, it is crucial to enhance consumer awareness of and strengthen their trust in ADR, especially when resolving cross-border disputes. In this connection, your Rapporteur takes notice of numerous unregulated claims management companies, offering mediation in solving passenger air claims online for private profit, and stresses that, unaware of existence of the ADR entities or not trusting them to be independent and/or impartial, consumers tend to resort to the former. Indeed, as only a number of Member States have smoothly functioning ADR schemes, focusing on the quality (independence, impartiality, expertise, resources) of ADR entities, on information and assistance to consumers as well as on enhancing take-up rates of dispute resolution is crucial.

While welcoming the Commission proposal to establish ADR contact points with clearly defined tasks, your Rapporteur points out that European Consumer Centres that are well placed to perform such tasks, should work in cooperation with national ADR competent entities. Moreover, considering the cross-border nature of passenger and traveller rights, the Commission should work closely with European Consumer Centres, travel and tourism businesses, consumer organisations and other entities dealing with consumer rights, to promote best practices and knowledge needed to remove the obstacles faced by consumers and traders when using ADR procedures in the field of transport and tourism.

Finally, your Rapporteur broadly supports the Commission proposal to enable ADR entities to bundle similar cases against specific trader in cooperation with the national ADR competent authorities or the European Consumer Centres Network, as such a possibility would allow for representative action and ensure consistent ADR outcomes subjected to the same unfair commercial practices.

~~AMENDMENTS~~

~~The Committee on Transport and Tourism calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take the following into account:~~

~~Amendment 1~~

~~Proposal for a directive~~

~~Recital 2~~

~~Text proposed by the Commission~~

~~Amendment~~

(2) In 2019 the Commission adopted a report on the implementation of the Directive 2013/11/EU and of Regulation (EU) No 524/2013 of the European Parliament and of the Council2 which revealed that Directive 2013/11/EU has led to increased coverage of consumer markets by quality ADR entities throughout the Union. However, the report also identified that consumer and business uptake of ADR procedures was lagging behind in some sectors and Member States. One reason for this was the low level of awareness of traders and consumers about such procedures in Member States where they had only recently been introduced. Another reason was the lack of trust of consumers and traders in unregulated ADR entities. Data provided by national competent authorities in early 2022, as well as the evaluation of the implementation of the Directive 2013/11/EU conducted in 2023, suggest that the uptake remained relatively stable (apart from a small increase of cases related to Covid-19 pandemic). Most stakeholders consulted in the context of that evaluation confirmed that the lack of awareness and understanding of ADR procedures by consumers, low engagement by traders, gaps in ADR coverage in certain Member States, high costs and complex national ADR procedures and differences in the competences of ADR entities, are frequent factors hindering the uptake of ADR procedures. There are additional barriers in cross-border ADR like language, lack of knowledge of the applicable law, as well as specific access difficulties for vulnerable consumers.

~~__________________~~

2 Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 1).

(2) In 2019 the Commission adopted a report on the implementation of the Directive 2013/11/EU and of Regulation (EU) No 524/2013 of the European Parliament and of the Council2 which revealed that Directive 2013/11/EU has led to increased coverage of consumer markets by quality ADR entities throughout the Union. However, the report also identified that consumer and business uptake of ADR procedures was lagging behind in some sectors and Member States. One reason for this was the low level of awareness of traders and consumers about such procedures in Member States where they had only recently been introduced. Another reason was the lack of trust of consumers and traders in unregulated ADR entities. Data provided by national competent authorities in early 2022, as well as the evaluation of the implementation of the Directive 2013/11/EU conducted in 2023, suggest that the uptake remained relatively stable (apart from a small increase of cases related to Covid-19 pandemic). Most stakeholders consulted in the context of that evaluation confirmed that the lack of awareness and understanding of ADR procedures by consumers and traders as well as their low engagement, gaps in ADR coverage in certain Member States, high costs and complex national ADR procedures and differences in the competences of ADR entities, are frequent factors hindering the uptake of ADR procedures. There are additional barriers in cross-border ADR like language, lack of knowledge of the applicable law, as well as specific access difficulties for vulnerable consumers. This has contributed to the evolution of the ADR landscape into a variety of different systems in the EU, where – due to the different procedural rules and criteria across the Member States – traders representing complaint-intensive sectors such as transport and tourism, face challenges related to the use of dispute mechanisms in the cross-border context, which need to be addressed to create a more accessible, coherent and effective cross-border ADR framework, fostering trust and cooperation among consumers and traders.

~~__________________~~

~~Amendment 2~~

~~Proposal for a directive~~

~~Recital 2a~~

~~Text proposed by the Commission~~

~~Amendment~~

(2a) Transport and tourism sectors are dealing with a high number of consumer complaints, especially related to air passengers rights. This, along with a high number of enquiries on the same issues, shows, on one hand, the existing awareness of the consumer rights framework in this field. On the other hand, this is an indication that ADR procedures should remain the last resort for well-founded consumer complaints before going to court with the aim of defending consumer rights to the fullest.

~~Amendment 3~~

~~Proposal for a directive~~

~~Recital 2b~~

~~Text proposed by the Commission~~

~~Amendment~~

(2b) The focus of this Directive should be on strong incentives for consumers and traders to use ADR procedures. Therefore, in order for it to reach its full potential and deliver for consumers, participation of traders in the transport and tourism sectors could be made mandatory, when stipulated in national legislation of the Member States, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system. In particular, Member States should have a possibility to decide on national legislation to establish ADR systems in the transport and tourism sectors, ensuring equal representation of consumers and traders within the boards of ADR entities and a strong supervisory role of the competent authorities in relation to ADR entities. Where national legislation of the Member States makes the participation in such procedures voluntary, Member States should ensure that traders that choose not to participate are required to make the explanation for such choice publicly available.

~~Amendment 4~~

~~Proposal for a directive~~

~~Recital 2c~~

~~Text proposed by the Commission~~

~~Amendment~~

(2c) Only a number of Member States have a smoothly functioning ADR system. Gaining the trust of consumers and traders in ADR and increasing their participation in ADR procedures, notably related to the transport and tourism sectors, requires ensuring that the functioning and the work of ADR entities are of good quality. In order to enhance the take-up rates of dispute resolution, it is necessary to focus on their independence, impartiality, and resources as well as on the developing of the expertise of the staff of ADR entities in relevant sectorial legislation, such as passenger and traveller rights. To this end, Member States shall encourage ADR entities to provide training for natural persons in charge of ADR in relevant sectorial legislation to support ADR entities in providing the best assistance to consumers in resolving cross-border complaints. Furthermore, staff participating in ADR procedures shall be required to undergo mandatory annual training to ensure that their existing knowledge is kept up to date and in line with recent digital advancements.

~~Amendment 5~~

~~Proposal for a directive~~

~~Recital 11~~

~~Text proposed by the Commission~~

~~Amendment~~

(11) Member States should also enable ADR entities to bundle similar cases, in close cooperation with the national ADR competent authorities and/or the European Consumer Centres Network, against a specific trader, to make ADR outcomes consistent for consumers subjected to the same illegal practice, and more cost-efficient for ADR entities and for traders. Consumers and traders should be informed accordingly and should be given the opportunity to refuse from having their dispute bundled.

~~Amendment 6~~

~~Proposal for a directive~~

~~Recital 13~~

~~Text proposed by the Commission~~

~~Amendment~~

~~Amendment 7~~

~~Proposal for a directive~~

~~Recital 15~~

~~Text proposed by the Commission~~

~~Amendment~~

(15) In several Member States consumers and traders are still insufficiently informed about the existence of and services offered by ADR entities. To provide effective assistance to consumers and traders in cross-border disputes, it is necessary to ensure that Member States establish ADR contact points with clearly defined tasks. European Consumer Centres (“ECCs”) are well placed to perform such tasks, in close cooperation with national ADR competent entities, as they are specialised in assisting consumers with issues with their cross-border purchases, but Member States should also be able to choose other bodies with relevant expertise and ensure that they have adequate budgetary and human resources. Those designated ADR contact points should be communicated to the Commission.

~~Amendment 8~~

~~Proposal for a directive~~

~~Recital 17 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(17a) Traders should provide information about the ADR contact point to consumers on their webpage, to keep up to the current trends of online commerce and functioning of online platforms.~~

~~Amdendment 9~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point -1 (new)~~

~~Directive 2013/11/EU~~

~~Article 1~~

~~Present text~~

~~Amendment~~

~~Article 1~~

~~Subject matter~~

The purpose of this Directive is, through the achievement of a high level of consumer protection, to contribute to the proper functioning of the internal market by ensuring that consumers can, on a voluntary basis, submit complaints against traders to entities offering independent, impartial, transparent, effective, fast and fair alternative dispute resolution procedures. This Directive is without prejudice to national legislation making participation of traders in the transport and tourism sectors, among others, in such procedures mandatory, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system. Where national legislation of the Member States makes the participation in such procedures voluntary, Member States shall ensure that traders that choose not to participate are required to make the explanation for such choice publicly available.

~~Amendment 10~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 3 – point a~~

~~Directive 2013/11/EU~~

~~Article 5~~

~~Text proposed by the Commission~~

~~Amendment~~

1 a. Trader not legally established in the territory of any Member State offering goods or services or marketing in the EU, including digital content and digital services, shall participate in an ADR mechanism and comply with consumer ADR rules.

~~(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)~~

~~Justification~~

The amendment broadens the scope of the Alternative Dispute Resolution Directive by including non-EU traders and mandating their compliance with local ADR entities where they offer goods or services in the EU. This move aims to enhance global consumer protection, providing EU consumers with consistent and accessible dispute resolution mechanisms. By harmonizing ADR procedures, the amendment ensures operational consistency and prevents discrimination based on consumers' domiciles. The commitment to additional consumer-friendly measures further underscores the EU's dedication to fostering trust and fairness in cross-border transactions, ultimately strengthening consumer rights within the EU marketplace.

~~Amdendment 11~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 3 – point b~~

~~Directive 2013/11/EU~~

~~Article 5 – paragraph 2 – point aa (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(aa) ensure that consumers can submit complaints in the country where he or she resides against traders established outside of their country of residence;~~

~~Amdendment 12~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 3 – point b~~

~~Directive 2013/11/EU~~

~~Article 5 – paragraph 2 – point c~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(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;~~

(c) grant the right to the parties to the dispute to request that the outcome of the ADR procedure be reviewed and ensure that it is reviewed by a natural person when the procedure was carried out by automated means;

~~Amdendment 13~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 3 – point b~~

~~Directive 2013/11/EU~~

~~Article 5 – paragraph 2 – point d~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(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;~~

~~(d) may bundle similar cases against one specific trader into one procedure, under condition that the consumer and the trader concerned are informed and do not object to that;~~

~~Amendment 14~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 3 – point d~~

~~Directive 2013/11/EU~~

~~Article 5 – paragraph 8~~

~~Text proposed by the Commission~~

~~Amendment~~

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 15 working days. Information of traders to consumers regarding their willingness to participate in the ADR procedure shall be clear, comprehensible and easily accessible, ensuring that consumers are aware of the trader’s stance before concluding the contract. Whenever traders refuse to participate in the ADR procedure, they shall provide a written explanation.

~~Amendment 15~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 3 a (new)~~

~~Directive 2013/11/EU~~

~~Article 6 – paragraph 1 – point a~~

~~Present text~~

~~Amendment~~

~~Article 6~~

~~3a. “Article 6~~

~~Expertise, independence and impartiality~~

1. Member States shall ensure that the natural persons in charge of ADR possess the necessary expertise and are independent and impartial. This shall be guaranteed by ensuring that such persons: (a) possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes, as well as a general understanding of law;

~~Amendment 16~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 3 b (new)~~

~~Directive 2013/11/EU~~

~~Article 6 – paragraph 6~~

~~Present text~~

~~Amendment~~

6. For the purposes of point (a) of paragraph 1, Member States shall encourage ADR entities to provide training for natural persons in charge of ADR. If such training is provided, competent authorities shall monitor the training schemes established by ADR entities, on the basis of information communicated to them in accordance with point (g) of Article 19(3).

~~3b. Article 6, paragraph 6 is replaced by the following:~~

“6. For the purposes of point (a) of paragraph 1, Member States shall encourage ADR entities to provide training for natural persons in charge of ADR in relevant sectorial legislation. If such training is provided, competent authorities shall monitor the training schemes established by ADR entities, on the basis of information communicated to them in accordance with point (g) of Article 19(3).”

~~Amendment 17~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 6~~

~~Directive 2013/11/EU~~

~~Article 14 – paragraph 2~~

~~Text proposed by the Commission~~

~~Amendment~~

~~Amendment 18~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 6~~

~~Directive 2013/11/EU~~

~~Article 14 – paragraph 2 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

2a. Traders shall provide information about the ADR contact point. Such information must be distinctly presented, separate from other content on the traders' websites, ensuring clear visibility and accessibility for consumers.

~~Amendment 19~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 6~~

~~Directive 2013/11/EU~~

~~Article 14 – paragraph 3 – point c~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(c) providing the parties with explanations on the procedural rules applied by the specific ADR entities, such as specific timeframes in communication;~~

~~Amendment 20~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 8~~

~~Directive 2013/11/EU~~

~~Article 14 – paragraph 8~~

~~Present text~~

~~Amendment~~

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.

Due to the cross-border nature of passenger and traveller rights, the Commission shall work closely with European Consumer Centres, business from the sector of transport and tourism, consumer organisations and other entities dealing with consumer rights, to promote best practices and knowledge necessary to remove obstacles faced by consumers and traders when resorting to ADR procedure in this specific field.

~~Amendment 21~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 8a (new)~~

~~Directive 2013/11/EU~~

~~Article 20 – paragraph 5~~

~~Text proposed by the Commission~~

~~Amendment~~

5. Each competent authority shall make publicly available the consolidated list of ADR entities referred to in paragraph 4 on its website by providing a link to the relevant Commission website. In addition, each competent authority shall make publicly available that consolidated list on a durable medium.

~~8a. In Article 20, paragraph 5 is replaced by the following:~~

“5. Each competent authority shall make publicly available the consolidated list of ADR entities referred to in paragraph 4 on its website by providing a link to the relevant Commission website. In addition, each competent authority shall make publicly available that consolidated list on a durable medium. Each competent authority shall make publicly available the explanations whenever the traders refuse to participate in an ADR procedure.”

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

~~The rapporteur has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:~~

~~Entity and/or person~~

~~BEUC~~

~~APAVT - Associação Portuguesa das Agências de Viagens e Turismo~~

~~Ryanair~~

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

~~PROCEDURE – COMMITTEE ASKED FOR OPINION~~

~~Title~~

~~Amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828~~

~~References~~

~~COM(2023)0649 – C9-0384/2023 – 2023/0376(COD)~~

~~Committee responsible~~

~~Date announced in plenary~~

~~IMCO~~

~~20.11.2023~~

~~Opinion by~~

~~Date announced in plenary~~

~~TRAN~~

~~20.11.2023~~

~~Rapporteur for the opinion~~

~~Date appointed~~

~~Cláudia Monteiro de Aguiar~~

~~9.11.2023~~

~~Discussed in committee~~

~~22.1.2024~~

~~Date adopted~~

~~14.2.2024~~

~~Result of final vote~~

–:

~~Members present for the final vote~~

Magdalena Adamowicz, Izaskun Bilbao Barandica, Karolin Braunsberger-Reinhold, Marco Campomenosi, Ciarán Cuffe, Jakop G. Dalunde, Karima Delli, Mario Furore, Isabel García Muñoz, Jens Gieseke, Elsi Katainen, Elena Kountoura, Bogusław Liberadzki, Benoît Lutgen, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Tilly Metz, Caroline Nagtegaal, Philippe Olivier, Rovana Plumb, Bergur Løkke Rasmussen, Dominique Riquet, Massimiliano Salini, Barbara Thaler, Achille Variati, Henna Virkkunen, Petar Vitanov

~~Substitutes present for the final vote~~

~~Pablo Arias Echeverría, Sara Cerdas, Markus Ferber, Roman Haider, Ondřej Kovařík, César Luena, Ljudmila Novak, Inma Rodríguez-Piñero~~

~~Substitutes under Rule 209(7) present for the final vote~~

~~Alicia Homs Ginel, Moritz Körner, Hannah Neumann, Francesca Peppucci~~

~~FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION~~

~~Key to symbols:~~

~~PROCEDURE – COMMITTEE RESPONSIBLE~~

~~Title~~

~~Amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828~~

~~References~~

~~COM(2023)0649 – C9-0384/2023 – 2023/0376(COD)~~

~~Date submitted to Parliament~~

~~17.10.2023~~

~~Committee responsible~~

~~Date announced in plenary~~

~~IMCO~~

~~20.11.2023~~

~~Committees asked for opinions~~

~~Date announced in plenary~~

~~TRAN~~

~~20.11.2023~~

~~JURI~~

~~20.11.2023~~

~~Not delivering opinions~~

~~Date of decision~~

~~JURI~~

~~29.11.2023~~

~~Rapporteurs~~

~~Date appointed~~

~~Laura Ballarín Cereza~~

~~10.11.2023~~

~~Discussed in committee~~

~~24.1.2024~~

~~13.2.2024~~

~~Date adopted~~

~~22.2.2024~~

~~Result of final vote~~

–:

~~Members present for the final vote~~

Pablo Arias Echeverría, Laura Ballarín Cereza, Adam Bielan, Biljana Borzan, Anna Cavazzini, Dita Charanzová, Deirdre Clune, Virginie Joron, Antonius Manders, Beata Mazurek, Leszek Miller, Anne-Sophie Pelletier, René Repasi, Andreas Schwab, Tomislav Sokol, Róża Thun und Hohenstein, Marion Walsmann

~~Substitutes present for the final vote~~

~~Marc Angel, Geert Bourgeois, Claude Gruffat, Francisco Guerreiro, Ivars Ijabs, Włodzimierz Karpiński, Karen Melchior, Tsvetelina Penkova, Catharina Rinzema, Kosma Złotowski~~

~~Substitutes under Rule 209(7) present for the final vote~~

Pascal Arimont, Patrick Breyer, Sara Cerdas, Asger Christensen, Pascal Durand, Georgios Kyrtsos, Emmanuel Maurel, Eva Maydell, Wolfram Pirchner, Caroline Roose, Sabine Verheyen, Petar Vitanov, Axel Voss

~~Date tabled~~

~~26.2.2024~~

~~FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE~~

~~Key to symbols:~~