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

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

IMCO-PR-757840

Committee on the Internal Market and Consumer Protection · Rapporteur: Laura Ballarín Cereza

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The draft report proposes amendments to the Commission's proposal to revise the EU rules on alternative dispute resolution (ADR) for consumer disputes. It aims to increase trader participation and consumer awareness. It makes trader participation in ADR mandatory in the transport and tourism sectors, requires traders who opt out to explain publicly, and shortens the response time to ADR entities to 10 working days. It strengthens consumer information duties for traders, including on websites, in terms and conditions, and on invoices, and requires a dedicated email address for ADR. It obliges ADR entities to report non-compliant traders and unfair practices, and requires annual training for ADR staff. It also sets out penalties for infringements and criteria for their imposition.

Committee position. The rapporteur proposes amendments to increase the ambition of the Commission's proposal, focusing on mandatory trader participation in transport and tourism, better consumer information, and stronger enforcement.

Key points

  1. Mandatory trader participation in ADR procedures in the transport and tourism sectors, without preventing access to the judicial system.
  2. Where participation is voluntary, traders who opt out must make their reasons publicly available.
  3. Traders must respond to ADR entities within 10 working days on whether they will participate; otherwise penalties apply.
  4. ADR entities must publish lists of traders who systematically refuse to comply with ADR outcomes, and traders must provide written explanations for non-compliance.
  5. Traders must provide ADR information on their website, in general terms and conditions, and on invoices, and set up a dedicated email address for ADR.
  6. ADR entities must report unfair commercial practices and terms to competent authorities or consumer organisations.
  7. ADR staff must undergo mandatory annual training in consumer law and relevant sectoral legislation.
  8. ADR entities may bundle similar cases against a trader only if the consumer expressly agrees and the entity has sufficient expertise.
  9. ADR contact points must have adequate budgetary and human resources, and the Commission's digital tool must direct consumers to competent bodies.
  10. Member States must lay down effective, proportionate and dissuasive penalties for infringements, considering specified criteria.

Who is affected

  • Traders in transport and tourism sectors: must participate in ADR procedures.
  • Traders generally: must provide ADR information and a dedicated email address.
  • ADR entities: must publish non-compliant traders, report unfair practices, and train staff annually.
  • Member States: must set penalties and ensure resources for ADR contact points and competent authorities.

Figures and deadlines

  • 10 working days: maximum time for traders to respond to ADR entities.
  • Annual training for ADR staff.
  • 24 months from entry into force: deadline for notifying penalty rules to the Commission.

Legal basis: Article 114 of the Treaty on the Functioning of the European Union