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
TRAN-PA-758110
Committee on Transport and Tourism · Rapporteur: Cláudia Monteiro de Aguiar
Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.
The Committee on Transport and Tourism's draft opinion on the proposed directive amending the ADR Directive focuses on improving alternative dispute resolution for consumers, especially in transport and tourism. It supports the Commission's proposal while suggesting amendments to enhance cross-border ADR, trader participation, and consumer awareness.¶¶¶
Committee position. The Committee on Transport and Tourism broadly supports the Commission proposal but suggests amendments to enhance cross-border ADR, trader participation, and consumer awareness, particularly in transport and tourism.¶¶¶
Key points
- Supports retaining the minimum harmonisation approach and flexibility for Member States to decide on mandatory or voluntary trader participation in ADR, but traders refusing to participate must provide written explanations.¶¶
- Encourages specialisation of ADR entities in transport and tourism, including training in relevant sectorial legislation, to better handle cross-border complaints.¶¶¶
- Calls for incentives for traders to join ADR schemes, highlighting benefits like confidentiality and flexibility, and for enhancing consumer awareness and trust in ADR.¶
- Notes the issue of unregulated claims management companies and stresses the need for quality ADR entities (independence, impartiality, expertise, resources) and better information for consumers.¶
- Supports establishing ADR contact points, with European Consumer Centres well placed to perform such tasks in cooperation with national ADR competent entities.¶¶¶
- Urges the Commission to work with European Consumer Centres, travel and tourism businesses, and consumer organisations to promote best practices and remove obstacles in ADR for transport and tourism.¶
- Supports enabling ADR entities to bundle similar cases against a specific trader, in cooperation with national authorities or the European Consumer Centres Network, ensuring consistent outcomes.¶¶
- Member States should encourage ADR entities to provide training for staff in sectorial legislation like passenger rights, and competent authorities should monitor such training.¶¶
- Member States may introduce national legislation for ADR systems in transport and tourism, ensuring equal representation of traders and consumers on ADR entity boards and strong supervisory roles for authorities.¶
- Traders contacted by an ADR entity must inform it whether they accept participation within 20 working days, and provide written explanations if they refuse.¶
- Competent authorities must make publicly available the consolidated list of ADR entities and the explanations when traders refuse to participate in ADR procedures.¶
Who is affected
- Traders in the EU, especially in transport and tourism, who must respond to ADR entities and provide written explanations if refusing participation.¶
- ADR entities, which are encouraged to specialise and train staff in sectorial legislation, and may bundle similar cases.¶¶¶
- European Consumer Centres, which may be designated as ADR contact points and cooperate with national authorities.¶¶¶
- Consumers, who should be informed about bundled disputes and have the opportunity to refuse, and benefit from improved ADR quality.¶¶
Figures and deadlines
- 20 working days: maximum time for traders to respond to ADR entities about participation.¶