What changed between the plenary report and the adopted text

Added:(b) consumer rights applicable to non-contractual and pre-contractual situations and provided in Union law concerning: [Am. 25]

Added:(i) unfair commercial practices and terms,non-discrimination on the basis of nationality or place of residence; [Am. 26]

Added:(ii) compulsory precontractual information,access to services; [Am. 27]

Added:(iii) non-discrimination on the basis of nationality or place of residence,right to switch providers; and [Am. 28]

Added:(iv) access to services and deliveriesunfair commercial practices not falling under point (a)(i), provided that:

Added:(1) the ADR entity is a sectorial coverage entity with the necessary knowledge about unfair commercial practices;

Added:(2) the ADR entity has adequate resources and funding;

Added:(3) the unfair practice resulted in material or immaterial damage to the consumer; and

Added:(4) the entity applies applicable law when dealing with unfair commercial practices. [Am. 29]

Added:(v) remedies in case of non-conformity of products and digital content, [Am. 30]

Added:(vi) right to switch providers, and [Am. 31]

Added:(vii) passenger and travellers’ rights. [Am. 32]

Added: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).’.

Added:2. In Article 4(1), points (e) and (f) are replaced by the following:

Added:‘(e) ‘domestic dispute’ means a dispute between a consumer and a trader, related to contractual obligations and/or consumer rights provided in in Union laws as referred to in article 2(1), where the consumer is resident in the same Member State as that in which the trader is established;

Added:(f) ‘cross-border dispute’ means a dispute between a consumer and a trader, related to contractual obligations and/or consumer rights provided in Union acts as referred to in article 2(1), where the consumer is resident in a Member State other than the Member State in which the trader is established or where the consumer is resident in a Member State and the trader is established outside of the Union;’.

Added:2a. In Article 4, the following point is inserted:

Added:‘(fa) “unfair commercial practice” means any misleading commercial practice within the meaning of Annex I to Directive 2005/29/EC.’. [Am. 33]

Added:3. Article 5 is amended as follows:

Added:(a) paragraph 1 is replaced by the following:

Added:‘1. Member States shall facilitate access by consumers to ADR procedures and shall ensure that disputes covered by this Directive and which involve a trader established on their respective territories, or a trader not established in the territory of any Member State but offering goods or services, including digital content and digital services, to consumers residing in their respective territories, can be submitted to an ADR entity which complies with the requirements set out in this Directive. Member States may facilitate access by self-employed or micro enterprises to ADR procedures.’; [Am. 34]

Added:(b) in paragraph 2, points (a) to (d) are replaced by the following:

Added:‘(-a) maintain an up-to-date website which provides the parties with easy access to information concerning the ADR procedure; [Am. 35]

Added:(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;

Added:(aa) ensure that consumers can submit complaints in the Member State in which they reside; [Am. 36]

Added:(b) offer digital ADR procedures through easily accessible and inclusive tools;

Added:(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, ensure that parties to the dispute have access to review by a natural person, who is independent and impartial; [Am. 37]

Added:(d) may bundle similar cases against one specific trader into one procedure, underon condition that the consumer concerned is informed and does not objectexpressly agrees to that bundling and that, in accordance with Article 6, the natural persons in charge of the ADR procedures have sufficient knowledge to deal with the case;’; [Am. 38]

Added:(c) in paragraph 4, point (a) is replaced by the following:

Added:‘(a) the consumer did not attempt to contact the trader concerned in order to discuss the complaint and seek, as a first step, to resolve the matter directly with the trader, without introducing disproportionate rules about the format of such contact;’;

Added:(d) the following paragraph 8 is added:

Added:‘8. Member States shall ensure that traders established in their territories that are contacted by an ADR entity from their countryown Member State 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 15 working days. However, an extension to this deadline up to a maximum of 20 working days may be granted in the case of complex disputes or as a result of exceptional circumstances, such as a period of high activity or an external crisis.’. [Am. 39]

Added:3a. Article 6 is amended as follows:

Added:(a) paragraph 1, point (a) is replaced by the following:

Added:‘(a) possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes, as well as a general understanding of law, including, when dealing with cross-border cases, private international law;’;

Added:(b) in paragraph 3 the following point is inserted:

Added:‘(aa) where a dispute is handled by an ADR entity and the natural persons in charge of dispute resolution are employed or remunerated exclusively by the individual trader, the ADR entity shall only have access to data strictly related to the case and specifically provided by the trader or the consumer;’;

Added:(c) paragraph 6 is replaced by the following:

Added:‘6. For the purposes of point (a) of paragraph 1, Member States shall ensure that ADR entities provide regular 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).’ [Am. 40]

Added:4. Article 7, paragraph 2 is amended as follows:

Added:(a) in the introductory phrase, the first sentence is replaced by the following:

Added:‘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.’.

Added:(b) point (h) is deleted. [Am. 41]

Added:4a. Article 8 is amended as follows:

Added:(a) point (c) is replaced by the following:

Added:‘(c) the ADR procedure is free of charge or available at a nominal fee for consumers and, in the event that a nominal fee is charged for consumers, that fee is reimbursable by national authorities when the dispute is resolved;’;

Added:(b) the following point is inserted:

Added:‘(da) at the consumer’s request, the parties have access to the procedure with the possibility to hold a physical meeting;’. [Am. 42]

Added:4b. The following article is inserted:

Added:‘Article 11a

Added: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.’. [Am. 43]

Added:5. In Article 13, paragraph 3 is deleted.2 is replaced by the following:

Added:‘2. The information referred to in paragraph 1 shall be provided:

Added:(a) on the traders’ website, where it exists, in a clear, prominent, comprehensible and easily accessible way;

Added:(b) in the general terms and conditions of sales or service contracts between the trader and a consumer; and

Added:(c) on the invoices issued by the trader.

Added:2a. Traders shall make an email address available allowing consumers to contact them, including for the sole purpose of ADR procedures.’. [Am. 44]

Added:6. Article 14 is replaced by the following:

Added:‘Article 14 Assistance for consumers

Added:1. Member States shall ensure that, with regard to cross-border disputes, consumers and traders are able to obtain assistance to access the ADR entity or entities competent to deal with their cross-border dispute.