Changes from report parliamentary committee draft to report parliamentary committee draft

RemovedRecital 10: (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.

AddedSince 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.

RemovedRecital 10 a (new): (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.

RemovedRecital 11: (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.

RemovedRecital 13: (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.

RemovedRecital 14: deleted

RemovedRecital 14 a (new): (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.

RemovedRecital 14 b (new): (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.

RemovedRecital 15: (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.

RemovedRecital 17: (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.

RemovedRecital 17 a (new): (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.

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point -1 (new), Article 1: (-1) Article 1 is replaced by the following: / ‘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.’

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – subparagraph 1 – point b – point i: deleted

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – subparagraph 1 – point b – point iv: deleted

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – subparagraph 1 – point b – point v: deleted

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – subparagraph 2: deleted

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 3 – point b, Article 5 – paragraph 2 – point a: (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;

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 3 – point b, Article 5 – paragraph 2 – point c: (c) ensure that the outcome of the ADR procedure is reviewed by a natural person when the procedure was carried out by automated means;

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 3 – point b, Article 5 – paragraph 2 – point d: (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;

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 3 – point d, Article 5 – paragraph 8: 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.

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 3 a (new), Article 6 – paragraph 6: 3a. Article 6, paragraph 6 is replaced by the following: / ‘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).’

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 4, Article 7 – paragraph 2: deleted / (deleted) / (deleted) / (deleted)

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 4 a (new), Article 7 – paragraph 2 – point g: 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 and the traders who systematically and without justification refuse to comply with the outcomes of ADR procedures;’

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 4 b (new), Article 11a: 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.’

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 4 c (new), Article 13 – paragraph 2: 4c. 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 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."

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 5, Article 13 – paragraph 3: deleted

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 6, Article 14 – paragraph 2: 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.

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 6 a (new), Article 17 – paragraph 2: 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 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.’

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 6 b (new), Article 18 – paragraph 1: 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. 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.’

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 6 c (new), Article 19 – paragraph 3: 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 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 and the traders who systematically and without justification refuse to comply with the outcomes of ADR procedures.’

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 7, Article 19 – paragraph 3 – points f, g and h: deleted

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 7 a (new), Article 20 – paragraph 5: 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. 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."

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 8, Article 20 – paragraph 8: 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.

RemovedDirective 2013/11/EU

RemovedArticle 1 – paragraph 1 – point 8 a (new), Article 21: 8a. Article 21 is replaced by the following: / ‘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 af…

RemovedThe 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.

RemovedThe 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.

RemovedThe 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.

RemovedWhen 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.

RemovedRegarding 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).

RemovedIn 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.

RemovedFurthermore, 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.

RemovedWhen 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.