Changes from adopted text to adopted text

RemovedTEXTS ADOPTED

AddedP10_TA(2025)0318

RemovedP9_TA(2024)0139

Amending the Directive on alternative dispute resolution for consumer disputes

Committee on the Internal Market and Consumer Protection

RemovedPE757.840

AddedPE781.128

ChangedEuropean Parliament legislative resolution of 1316 MarchDecember 20242025 on the proposalCouncil forposition at first reading with a view to the adoption of a directive of the European Parliament and of the Council amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, asdisputes welland asamending Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828 (COM(2023)0649following the discontinuation of the European Online Dispute Resolution Platform (11778/1/2025 – C9-0384/2023C10-0309/2025 – 2023/0376(COD))

Changed(Ordinary legislative procedure: firstsecond reading)

The European Parliament,

Changed– having regard to the CommissionCouncil proposalposition toat Parliamentfirst andreading the(11778/1/2025 Council– (COM(2023)0649),C100309/2025),

Removed– 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),

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

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

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

Added– having regard to its position at first reading on the Commission proposal to Parliament and the Council (COM(2023)0649),

Changed– having regard to theArticle opinion294(7) of the CommitteeTreaty on Transportthe andFunctioning Tourism,of the European Union,

Changed– having regard to the reportprovisional ofagreement approved by the Committeecommittee onresponsible theunder InternalRule Market75(4) andof Consumerits ProtectionRules (A9-0060/2024),of Procedure,

Change 1

Removed1. Adopts its position at first reading hereinafter set out;

Added– having regard to Rule 68 of its Rules of Procedure,

Removed2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

Added– having regard to the recommendation for second reading of the Committee on the Internal Market and Consumer Protection (A10-0249/2025),

Added1. Approves the Council position at first reading;

Added2. Notes that the act is adopted in accordance with the Council position;

Added3. Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

Added4. 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;

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

Change 2

RemovedP9_TC1-COD(2023)0376

RemovedPosition of the European Parliament adopted at first reading on 13 March 2024 with a view to the adoption of Directive (EU) 2024/… 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

Removed(Text with EEA relevance)

RemovedTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

RemovedHaving regard to the proposal from the European Commission,

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

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

RemovedActing in accordance with the ordinary legislative procedure,

RemovedWhereas:

Removed(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.

Removed(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 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.

Removed(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. [Am. 1]

Removed(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. [Am. 2]

Removed(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. [Am. 3]

Removed(4) The complexity of consumer disputes has evolved significantly since the adoption of Directive 2013/11/EU. DigitilisationDigitalisation 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 2013/11/EU, beyond such disputes so that consumers are also able to seek redress for practices harming them at a pre-contractual stage, irrespective of whetherprovided they later become bound by a contract, or at a post-contractual stage. [Am. 4]

Removed(5) Moreover, Directive 2013/11/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 Council, 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 Council 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 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 of the Council. Therefore, it should be provided that disputes arising in relation to such categories of consumer rights can be dealt with in ADR procedures. [Am. 5]

Removed(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. [Am. 6]

Removed(6) Member States should have the right to apply ADR procedures also to disputes that relate to other non-contractual rights stemming from Union law, including rights stemming from Articles 101 and 102 TFEU or rights of users provided in Regulation (EU) 2022/1925 of the European Parliament and of the Council. This is without prejudice of public enforcement of those rules.

Removed(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.

Removed(8) The definitions of ‘domestic dispute’ and ‘cross-border dispute’ should be adapted accordingly to reflect the extension of the scope of Directive 2013/11/EU.

Removed(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.

Removed(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, in particular consumers, always have access to a review of automated procedures by a natural person, who should be independent and impartial. [Am. 7]

Removed(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. [Am. 8]

Removed(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. [Am. 9]

Removed(12) Member States should also not allow the introduction of disproportionate rules as regards the reasons that an ADR entity may invoke to refuse the handling of a dispute, such as the obligation to use the company escalation system after a first negative contact with the complaints handling service, or the obligation to prove that a specific part of a company’s after sales service was contacted.

Removed(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 that should not exceed 15 working days to enquiries made by ADR entities on whether they intend to participate to the proposed procedure. An extension of this deadline could be granted for complex disputes or as a result of exceptional circumstances, such as a period of high activity or an external crisis. [Am. 10]

Removed(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. [Am. 11]

Removed(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. [Am. 12]

Removed(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. [Am. 13]

Removed(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 and on invoices issued by them. In order to facilitate communication, traders should make an email address available allowing consumers to contact them, including for the purpose of ADR procedures. [Am. 14]

Removed(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. [Am. 15]

Removed(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 should be communicated 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. [Am. 16]