What changed between the adopted text of 13 Mar 2024 and the adopted text of 16 Dec 2025

Removed:(15a) To ensure procedural fairness, consumers engaging in cross-border disputes should engage with the ADR contact point determined by the consumer’s place of residence, thereby discouraging selective choice of ADR contact points for convenience or advantageous outcomes. [Am. 17]

Removed:(15b) In cross-border disputes, ADR entities should use Union law as a point of reference for the resolution of the disputes. Nevertheless, in both domestic and cross-border disputes, ADR entities should always take into account the remedies available in Union and applicable national law. [Am. 18]

Removed:(16) Despite the fact that ADR procedures are meant to be simple, consumers may be assisted by a third party of their choice during ADR procedures. Member States should ensure that such assistance is provided in good faith to allow a fair procedure and in full transparency, in particular regarding the possible fees required in exchange for the assistance. In addition, Member States are encouraged to extend the benefit of consumer ADR systems to micro enterprises and self employed to ensure that such businesses have access to cheap and quality alternative dispute resolution systems to solve contractual disputes. [Am. 19]

Removed:(16a) Not all ADR entities have the expertise to deal with non-contractual matters, in particular unfair commercial practices and terms. Therefore, procedures of ADR entities in this area should be limited to unfair commercial practices and terms with a personal scope, and hence only cover matters where a damage or loss, material or immaterial, has occurred to the consumer directly. In addition, only ADR entities that can demonstrate necessary expertise in the relevant area, covering the relevant economic sector in its entirety, such as a sectorial ombudsman, should be empowered to take on such procedures. ADR entities sometimes choose to deviate from strict legal provisions in order to base their decisions on equity principles. This implies that ADR entities could opt for solutions that, in their judgment, align with a sense of what is morally or ethically right in a particular situation, diverging from a strict adherence to legal statutes. However, the use of fairness principles should not be acceptable when it comes to unfair commercial practices, which are not subject to compromises or mediated outcomes as they touch upon public order and the fundamentals of consumer protection. [Am. 20]

Removed:(16b) The means used by consumer organisations and business associations to make the Commission’s list of ADR entities publicly available can include relevant broadcasts concerning consumer protection and consumer rights. [Am. 21]

Removed:(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, practical information about how to avail of ADR procedures in a cross-border context and links to the webpages of the ADR entities, as notified to it, allowing consumers to be directed to a competent body to resolve their disputes. The Commission should ensure coordination between this digital interactive tool and other EU and national digital tools, where appropriate. [Am. 22]

Removed:(18) Therefore, Directive 2013/11/EU should be amended accordingly.

Removed:(19) As Regulation (EU) No 524/2013 is to be repealed by a separate act, it is also necessary to amend Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828 of the European Parliament and of the Council, as a consequence of that repeal,

Removed:HAVE ADOPTED THIS DIRECTIVE:

Removed:Article 1 Amendments to Directive 2013/11/EU

Removed:Directive 2013/11/EU is amended as follows:

Removed:-1. Article 1 is replaced by the following:

Removed:‘Article 1 Subject matter

Removed: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.

Removed:The participation of air carriers falling under the scope of Regulation (EC) No 261/2004 in ADR procedures shall be mandatory, without prejudice to the right of parties to access the judicial system.

Removed: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.’. [Am. 23]

Removed:1. In Article 2, paragraph 1 is replaced by the following:

Removed:‘1. This Directive shall apply to procedures for the out-of-court resolution of disputes between consumers resident in the Union and a traders offering goods or services, including digital content and digital services, to those consumers, through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution concerning one of the following:

Removed:(a) contractual obligations stemming from sales contracts, including for the supply of digital content, or service contracts, including pre-contractual and post-contractual obligations and in particular in relation to:

Removed:(i) unfair commercial practices and terms;

Removed:(ii) compulsory pre-contractual information;

Removed:(iii) passenger and travellers’ rights;

Removed:(iv) remedies in the event of non-conformity of products and digital content; and

Removed:(v) access to deliveries; [Am. 24]

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

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

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

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

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

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

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

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

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

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

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

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

Removed: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).’.

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

Removed:‘(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;

Removed:(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;’.

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

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

Removed:3. Article 5 is amended as follows:

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

Removed:‘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]

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

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

Removed:(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;

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

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

Removed:(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]

Removed:(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]

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

Removed:‘(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;’;

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

Removed:‘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]

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

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

Removed:‘(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;’;

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