What changed between the draft committee report of 20 Dec 2023 and the draft committee report of 27 Nov 2025

Added:SHORT JUSTIFICATION

Removed:Recital 2 b (new): (2b) ADR bodies should make publicly available the list of those who systematically and without justification 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, irrespective of whether the outcome of that procedure is binding, traders are required to provide the other parties to the ADR procedure with written explanation.

Added:On 17 October 2023, the Commission submitted the proposal for a Directive 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 to the Council and the European Parliament. On 13 March 2024, the European Parliament adopted its first reading position.

Removed:Recital 5: (5) Moreover, Directive 2011/13/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 Council3, 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 Council6 . Therefore, it should be provided that disputes arising in relation to such categories of consumer rights can be dealt with in ADR procedures. / (deleted) / (deleted)

Added:The interinstitutional negotiations started on 20 February 2025 with a view to reaching an early second reading agreement. They were successfully concluded on 26 June 2025. The provisionally agreed text was confirmed by COREPER on 16 July 2025 and endorsed by the IMCO Committee on 25 September 2025.

Removed:Recital 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.

Added:Since 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.

Removed:Recital 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.

Removed:Recital 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.

Removed:Recital 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.

Removed:Recital 14: deleted

Removed:Recital 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.

Removed:Recital 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.

Removed:Recital 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.

Removed:Recital 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.

Removed:Recital 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.

Removed:Directive 2013/11/EU

Removed:Article 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.’

Removed:Directive 2013/11/EU

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

Removed:Directive 2013/11/EU

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

Removed:Directive 2013/11/EU

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

Removed:Directive 2013/11/EU

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

Removed:Directive 2013/11/EU

Removed:Article 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;

Removed:Directive 2013/11/EU

Removed:Article 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;

Removed:Directive 2013/11/EU

Removed:Article 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;

Removed:Directive 2013/11/EU

Removed:Article 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.

Removed:Directive 2013/11/EU

Removed:Article 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).’

Removed:Directive 2013/11/EU

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

Removed:Directive 2013/11/EU

Removed:Article 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;’

Removed:Directive 2013/11/EU

Removed:Article 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.’

Removed:Directive 2013/11/EU

Removed:Article 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."

Removed:Directive 2013/11/EU

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

Removed:Directive 2013/11/EU

Removed:Article 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.

Removed:Directive 2013/11/EU

Removed:Article 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.’

Removed:Directive 2013/11/EU

Removed:Article 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.’

Removed:Directive 2013/11/EU

Removed:Article 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.’

Removed:Directive 2013/11/EU

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

Removed:Directive 2013/11/EU

Removed:Article 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."

Removed:Directive 2013/11/EU

Removed:Article 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.