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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the Council position at first reading with a view to the adoptionproposal offor a directive of the European Parliament and of the Council amendingAmending Directive 2013/11/EU on alternative dispute resolution for consumer disputesdisputes, andas amendingwell as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828 following the discontinuation of the European Online Dispute Resolution Platform
(11778/1/2025(COM(2023)0649 – C100309/2025C90384/2023 – 2023/0376(COD))
(Ordinary legislative procedure: secondfirst reading)
– having regard to the CouncilCommission positionproposal atto firstParliament readingand (11778/1/2025the –Council C100309/2025),(COM(2023)0649),
– having regard to Article 294(2) and Article114 of the opinionTreaty on the Functioning of the European EconomicUnion, andpursuant Socialto Committeewhich ofthe 14Commission Februarysubmitted 2024,the proposal to Parliament (C90384/2023),
– having regard to itsArticle position294(3) atof firstthe readingTreaty on the Commission proposal to ParliamentFunctioning andof the CouncilEuropean (COM(2023)0649),Union,
– having regard to Article 294(7) of the Treatyopinion onof the FunctioningEuropean ofEconomic theand EuropeanSocial Union,Committee,
– having regard to the provisional agreement approved by the committee responsible under Rule 75(4)59 of its Rules of Procedure,
– having regard to Rulethe 68opinion of itsthe RulesCommittee ofon Procedure,Transport and Tourism,
– having regard to the recommendation for second readingreport of the Committee on the Internal Market and Consumer Protection (A100000/2025),(A90000/2023),
1. Approves theAdopts Councilits position at first reading;reading hereinafter set out;
2. Notes that the act is adopted in accordance with the Council position;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to sign the act withforward theits Presidentposition ofto the Council, in accordance with Article 297(1) of the Treaty on the FunctioningCommission ofand the Europeannational Union;parliaments.
4. Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;
Amendment 1
5. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Proposal for a directive
SHORT JUSTIFICATION
Recital 2 a (new)
On 17 October 2023, the Commission submitted the proposal for a Directive 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 to the Council and the European Parliament. On 13 March 2024, the European Parliament adopted its first reading position.
Text proposed by the Commission
The interinstitutional negotiations started on 20 February 2025 with a view to reaching an early second reading agreement. They were successfully concluded on 26 June 2025. The provisionally agreed text was confirmed by COREPER on 16 July 2025 and endorsed by the IMCO Committee on 25 September 2025.
Amendment
Since the Council’s first reading position adopted on 17 November 2025 reflects the agreement reached between the Parliament and the Council in early second reading interinstitutional negotiations, including also the changes resulting from the legal-linguistic revision, the Rapporteur recommends that it is endorsed by the European Parliament without amendments, so that the Directive can be adopted swiftly and enter into force as soon as possible.
(2a) In order to reach its full potential and deliver for consumers, this Directive should require the participation of traders to be mandatory in sectors dealing with a high number of consumer complaints, such as transport and tourism sectors, provided that it does not prevent the parties from exercising their right of access to the judicial system. Indeed, several studies have highlighted that transport and tourism sector are dealing with a high number of consumer complaints, especially in the field of air passengers rights. Where national legislation 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.
ANNEX: DECLARATION OF INPUT
Or. en
The rapporteur declares under her exclusive responsibility that she did not include in her report input from interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from representatives of public authorities of third countries, including their diplomatic missions and embassies, to be listed in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.
Amendment 2
Proposal for a directive
Recital 2 b (new)
Text proposed by the Commission
Amendment
(2b) ADR bodies should make publicly available the list of those who systematically and without justification 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, irrespective of whether the outcome of that procedure is binding, traders are required to provide the other parties to the ADR procedure with written explanation.
Or. en
Amendment 3
Proposal for a directive
Recital 5
Text proposed by the Commission
Amendment
(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.
(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 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.
__________________
__________________
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).
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).
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).
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).
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).
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).
Or. en
Amendment 4
Proposal for a directive
Recital 10
Text proposed by the Commission
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.
(10) Member States should ensure that ADR enables consumers to initiate and follow ADR procedures also offline if requested. They should also ensure 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 always have access to a review of automated procedures by a natural person.
Or. en
Amendment 5
Proposal for a directive
Recital 10 a (new)
Text proposed by the Commission
Amendment
(10a) In order to enhance the trust of consumers and traders in ADR and to increase their participation in ADR procedures, it is fundamental to ensure that the functioning and the work of consumer ADR entities are of good quality. To this end, the expertise of the ADR entity staff should be developed. Staff participating in ADR procedures should therefore be required to undergo mandatory annual training to ensure that their existing knowledge is kept up to date.
Or. en
Amendment 6
Proposal for a directive
Recital 11
Text proposed by the Commission
Amendment
(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.
(11) Member States should also enable those ADR entities which have sufficient knowledge and expertise 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.
Or. en
Amendment 7
Proposal for a directive
Recital 13
Text proposed by the Commission
Amendment
(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. To encourage traders’ participation in the ADR procedures and to ensure due and swift ADR procedures, traders should be required, especially in cases where their participation is not compulsory, to respond within a specific period to enquiries made by ADR entities on whether they intend to participate to the proposed procedure.
(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. To encourage traders’ participation in the ADR procedures and to ensure due and swift ADR procedures, traders should be required, especially in cases where their participation is not compulsory, to respond within a specific period not exceeding 10 working days to enquiries made by ADR entities on whether they intend to participate to the proposed procedure. If they fail to do so, they should be subject to penalties under this Directive.
Or. en
Amendment 8
Proposal for a directive
Recital 14
Text proposed by the Commission
Amendment
(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.
deleted
Or. en
Amendment 9
Proposal for a directive
Recital 14 a (new)
Text proposed by the Commission
Amendment
(14a) In many European countries, consumers are still insufficiently informed about the existence of and services offered by consumer ADR entities. In order to increase consumer awareness of ADR entities and of the 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, clearly separated from other information. The information should be included in the trader’s general terms and conditions, and on the invoices that it issues. Furthermore, in order to facilitate communication, traders should set up a dedicated email address to enable consumers to contact them for the sole purpose of ADR procedures.
Or. en
Amendment 10
Proposal for a directive
Recital 14 b (new)
Text proposed by the Commission
Amendment
(14b) A swift cooperation between the different actors involved in the enforcement of consumer rights is crucial to ensuring the overall consistency and coherence of the consumer enforcement system. Article 17 of Directive 2013/11/EU should be amended to include an obligation on ADR entities to report unfair commercial practices and terms and conditions to their national competent authorities or consumer organisation whenever they become aware of them.
Or. en
Amendment 11
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. Those designated ADR contact points should be communicated to the Commission.
(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 and should ensure that they have adequate budgetary and human resources. Those designated ADR contact points should be communicated to the Commission.
Or. en
Amendment 12
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 and links to the webpages of the ADR entities, as notified to it.
(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 and links to the webpages of the ADR entities, as notified to it, directing consumers to a competent body to resolve their disputes. The Commission should ensure coordination between such digital interactive tool and other Union and national digital tools. When developing that tool, the Commission should consult relevant stakeholders, including European Consumer Centres, consumer organisations or other bodies dealing with consumer protection.
Or. en
Amendment 13
Proposal for a directive
Recital 17 a (new)
Text proposed by the Commission
Amendment
(17a) It is necessary for Member States to lay down penalties for infringements of this Directive and to ensure that they are enforced. The penalties should be effective, proportionate and dissuasive.
Or. en
Amendment 14
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
Article 1
Subject matter
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 in such procedures mandatory, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system.
‘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 requires the participation by traders in ADR procedures to be mandatory in the transport and tourism sector, whilst not preventing the parties from exercising their right of access to 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.
Where under national legislation the participation in such procedures is voluntary, Member States shall require traders that choose not to participate to explain their reasons for that choice, and to make their explanation publicly available.’
Or. en
Amendment 15
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2013/11/EU
Article 2 – paragraph 1 – subparagraph 1 – point b – point i
Text proposed by the Commission
Amendment
(i) unfair commercial practices and terms,
deleted
Or. en
Amendment 16
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2013/11/EU
Article 2 – paragraph 1 – subparagraph 1 – point b – point iv
Text proposed by the Commission
Amendment
(iv) access to services and deliveries,
deleted
Or. en
Amendment 17
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2013/11/EU
Article 2 – paragraph 1 – subparagraph 1 – point b – point v
Text proposed by the Commission
Amendment
(v) remedies in case of non-conformity of products and digital content,
deleted
Or. en
Amendment 18
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2013/11/EU
Article 2 – paragraph 1 – subparagraph 2
Text proposed by the Commission
Amendment
Member States may apply the ADR procedures set out in this Directive, also to categories of disputes other than those listed the first subparagraph, point (b).
deleted
Or. en
Amendment 19
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Directive 2013/11/EU
Article 5 – paragraph 2 – point a
Text proposed by the Commission
Amendment
(a) ensure that consumers can submit complaints and the requisite supporting documents online in a traceable manner and ensure that consumers may also submit and access these documents in a non-digital format upon request;
(a) ensure that consumers can submit complaints and the requisite supporting documents online in a traceable manner and ensure that consumers may also submit and access these documents in a non-digital format;
Or. en
Amendment 20
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) ensure that the outcome of the ADR procedure is reviewed by a natural person when the procedure was carried out by automated means;
Or. en
Amendment 21
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 and that the ADR entity has sufficient knowledge and expertise to deal with the bundled cases;
Or. en
Amendment 22
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 20 working days..
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 10 working days.
Or. en
Amendment 23
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2013/11/EU
Article 6 – paragraph 6
Present text
Amendment
3a. 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. 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).
‘6. For the purposes of point (a) of paragraph 1, Member States shall ensure that ADR entities provide annual 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).’
Or. en
Amendment 24
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/11/EU
Article 7 – paragraph 2
Text proposed by the Commission
Amendment
4. Article 7, paragraph 2 is amended as follows:
deleted
(a) in the introductory phrase, the first sentence is replaced by the following:
‘Member States shall ensure that ADR entities make publicly available on their websites, on a durable medium upon request, and by any other means they consider appropriate, biennial activity reports.’
(b) point (h) is deleted.
Or. en
Amendment 25
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Directive 2013/11/EU
Article 7 – paragraph 2 – point g
Present text
Amendment
4a. In Article 7, paragraph 2, point (g) is replaced by the following:
(g) the rate of compliance, if known, with the outcomes of the ADR procedures;
’(g) the rate of compliance, if known, with the outcomes of the ADR procedures and the traders who systematically and without justification refuse to comply with the outcomes of ADR procedures;’
Or. en
Amendment 26
Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)
Directive 2013/11/EU
Article 11a
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.’
Or. en
Amendment 27
Proposal for a directive
Article 1 – paragraph 1 – point 4 c (new)
Directive 2013/11/EU
Article 13 – paragraph 2
Present text
Amendment
4c. Article 13, paragraph 2 is replaced by the following:
2. The information referred to in paragraph 1 shall be provided in a clear, comprehensible and easily accessible way on the traders’ website, where one exists, and, if applicable, in the general terms and conditions of sales or service contracts between the trader and a consumer.
"2. The information referred to in paragraph 1 shall be provided:
(a) on the traders’ website, where one exists, in a clear, prominent, comprehensible and easily accessible way, and clearly separated from other information available on traders’ website;
(b) in the general terms and conditions of sales or service contracts between the trader and a consumer; and
(c) on the invoices issued by the trader.
2a. Traders shall set up a dedicated email address allowing consumers to contact them for the sole purpose of ADR procedures."
Or. en
Amendment 28
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.
deleted
Or. en
Amendment 29
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2013/11/EU
Article 14 – paragraph 2
Text proposed by the Commission
Amendment
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.
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.
Or. en
Amendment 30
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Directive 2013/11/EU
Article 17 – paragraph 2
Present text
Amendment
6a. 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 include an obligation for ADR entities to direct consumers to consumer protection authorities and/or consumer organisations whenever they report misleading market practices, as well as to report to competent authorities whenever they become aware of unfair commercial practices and terms and conditions. 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.’
Or. en
Amendment 31
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Directive 2013/11/EU
Article 18 – paragraph 1
Present text
Amendment
6b. 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 sufficient budgetary and other resources, including a sufficient number of competent personnel, with the necessary expertise, and that they have the procedures and other arrangements in place for the proper performance of their duties. 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.’
Or. en
Amendment 32
Proposal for a directive
Article 1 – paragraph 1 – point 6 c (new)
Directive 2013/11/EU
Article 19 – paragraph 3
Present text
Amendment
6c. In Article 19, paragraph 3 is amended as follows:
(a) the introductory part is replaced by the following:
3. Member States shall ensure that ADR entities communicate to the competent authorities every two years information on:
‘3. Member States shall ensure that ADR entities communicate annually to the competent authorities information on:‘
(b) 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 without justification refuse to comply with the outcomes of ADR procedures.’
Or. en
Amendment 33
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
Or. en
Amendment 34
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Directive 2013/11/EU
Article 20 – paragraph 5
Present text
Amendment
7a. 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.
"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 list of traders who systematically and without justification refuse to comply with the outcomes of ADR procedures."
Or. en
Amendment 35
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2013/11/EU
Article 20 – paragraph 8
Text proposed by the Commission
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.
8. The Commission shall develop and maintain a user-friendly 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, directing consumers to a competent body to resolve their disputes.
The Commission shall be responsible for coordinating this digital interactive tool and national digital tools, where appropriate.
When developing the tool, the Commission shall consult relevant stakeholders, including European Consumer Centres, consumer organisations or other bodies dealing with consumer protection.
Or. en
Amendment 36
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
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.
‘1. 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.
2. Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate:
(a) the nature, gravity, scale and duration of the infringement;
(b) any action taken by the trader to mitigate or remedy the damage suffered by consumers;
(c) any previous infringements by the trader;
(d) the financial benefits gained or the losses avoided by the trader as a result of the infringement, if the relevant data are available;
(e) penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council ;
(f) any other aggravating or mitigating factors applicable to the circumstances of the case.
3. Member States shall, by ... [24 months from the entry into force of this amending Directive] notify the Commission of the rules and of the measures referred to in paragraph 1 and shall notify it without delay of any subsequent amendment affecting them.’
Or. en
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 draft report:
Entity and/or person
BEUC - The European Consumer Organization
European Consumer Center Germany
Centro Europeu do Consumidor Portugal
FACUA - consumidores en accion
European Consumer Center Sweden
Agencia Catalana de Consum
Business Europe
European Advertising Standards Alliance
Ecommerce Europe
Amazon Europe
European Consumer Center France
Representación Permanente de España Ante la Unión Europea
The list above is drawn up under the exclusive responsibility of the rapporteur.