Directive 2013/11/EU is amended as follows:
(1)
in Article 2, paragraph 1 is replaced by the following:
‘1. This Directive applies to procedures for the out-of-court resolution of domestic disputes, cross-border disputes and third-country trader disputes between a consumer resident in the Union and a trader 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 where a sales contract or service contract, including a contract for the supply of digital content or digital services, has been concluded between a consumer and a trader where the consumer pays or undertakes to pay the price, and a dispute arises relating to contractual obligations, including obligations stemming from the pre-contractual phase.
This Directive also applies where the trader supplies or undertakes to supply digital content which is not supplied on a tangible medium or a digital service to the consumer and the consumer provides or undertakes to provide personal data to the trader.
This Directive does not apply to cases falling within the exceptions provided for in Article 3(1a) of Directive 2011/83/EU of the European Parliament and of the Council ( *1 ) .
( *1 ) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council ( OJ L 304, 22.11.2011, p. 64 , ELI: http://data.europa.eu/eli/dir/2011/83/oj ).’;"
(2)
in Article 4(1), points (c), (d), (e) and (f) are replaced by the following:
‘(c)
“sales contract” means any contract under which the trader transfers or undertakes to transfer ownership of goods to the consumer, including any contract having as its object both goods and services;
(ca)
“goods” means goods as defined in Article 2, point (5), of Directive (EU) 2019/771 of the European Parliament and of the Council ( *2 ) ;
(cb)
“digital content” means digital content as defined in Article 2, point (1), of Directive (EU) 2019/770 of the European Parliament and of the Council ( *3 ) ;
(d)
“service contract” means any contract other than a sales contract under which the trader supplies or undertakes to supply a service, including a digital service, to the consumer;
(da)
“digital service” means a digital service as defined in Article 2, point (2), of Directive (EU) 2019/770;
(e)
“domestic dispute” means a dispute between a consumer and a trader, related to contractual obligations, as referred to in Article 2(1), where, at the time the consumer orders the goods or services, that consumer is resident in the same Member State as that in which the trader is established;
(f)
“cross-border dispute” means a dispute between a consumer and a trader, related to contractual obligations, as referred to in Article 2(1), where, at the time the consumer orders the goods or services, that consumer is resident in a Member State other than the Member State in which the trader is established;
(fa)
“third-country trader dispute” means a dispute between a consumer and a trader, related to contractual obligations, as referred to in Article 2(1), where, at the time the consumer orders the goods or services, that consumer is resident in a Member State and the trader is established outside the Union and directs its activities towards that Member State, within the meaning of Article 6(1), point (b), of Regulation (EC) No 593/2008 or Article 17(1), point (c), of Regulation (EU) No 1215/2012 of the European Parliament and of the Council ( *4 ) ;
( *2 ) Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC ( OJ L 136, 22.5.2019, p. 28 , ELI: http://data.europa.eu/eli/dir/2019/771/oj )."
( *3 ) Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services ( OJ L 136, 22.5.2019, p. 1 , ELI: http://data.europa.eu/eli/dir/2019/770/oj )."
( *4 ) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ( OJ L 351, 20.12.2012, p. 1 , ELI: http://data.europa.eu/eli/reg/2012/1215/oj ).’;"
(3)
in Chapter I, the following Article is inserted:
‘Article 4a
Member States shall have in place measures to promote the participation of traders and consumers in ADR procedures.’
;
(4)
Article 5 is amended as follows:
(a)
the following paragraph is inserted:
‘1a. Member States shall also facilitate access by consumers residing in their respective territories to ADR procedures for the resolution of third-country trader disputes covered by this Directive and ensure that those disputes can be submitted to an ADR entity which complies with the requirements set out in this Directive, following a joint request by the consumer and the third-country trader.
Member States may make access to ADR procedures for the resolution of a third-country trader dispute conditional on the parties’ agreement to the resolution of that dispute on the basis of the law applicable in the Member State in which the ADR entity is established and in which the consumer concerned has his or her place of residence and on the trader’s commitment to be bound by the ADR procedural rules, including recurrent fees, where applicable. Member States may set out additional conditions, ensuring that dealing with such disputes does not seriously impair the effective operation of the ADR entities.
The trader’s and consumer’s agreement on the applicable law under the second subparagraph shall not result in the consumer being deprived of the protection afforded to him or her by the provisions that cannot, by virtue of the law of the Member State in which he or she is habitually resident, be derogated from by an agreement.’
;
(b)
paragraph 2 is replaced by the following:
‘2. Member States shall ensure that ADR entities:
(a)
maintain an up-to-date website which provides the parties with easy access to information concerning the ADR procedure, and which enables consumers to submit complaints and the requisite supporting documents online in a traceable manner;
(b)
enable consumers to choose whether to submit complaints and other supporting documents and to access ADR in a digital or a non-digital format;
(c)
where they offer digital ADR procedures, provide them through easily accessible and inclusive tools;
(d)
where automated means are used in the ADR decision-making process:
(i)
inform the parties in advance, in a clear, comprehensible and easily accessible way about their use; and
(ii)
ensure that the parties have the right to request that the outcome of the ADR procedure be reviewed by a natural person from the ADR entity meeting the requirements of Article 6(1);
(e)
inform the parties of their right to request that the outcome of the ADR procedure be reviewed by a natural person as referred to in point (d)(ii);
(f)
may bundle cases on condition that:
(i)
the consumer concerned is informed of the bundling; and
(ii)
the natural persons in charge of the bundled cases have sufficient knowledge to deal with the case in accordance with Article 6(1), point (a);
(g)
accept domestic, cross-border and, where applicable, third-country trader disputes;
(h)
take the necessary measures to ensure that the processing of personal data complies with the rules on the protection of personal data laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council ( *5 ) .
Member States may set additional conditions for the bundling of cases referred in point (f) of the first subparagraph.
( *5 ) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ( OJ L 119, 4.5.2016, p. 1 , ELI: http://data.europa.eu/eli/reg/2016/679/oj ).’;"
(c)
in paragraph 4, point (a) is replaced by the following:
‘(a)
the consumer did not attempt to contact the trader concerned in order to discuss the complaint and, as a first step, seek to resolve the matter directly with that trader, without introducing disproportionate rules about the format or substance of such contact;’
;
(d)
the following paragraphs are added:
‘8. Member States shall ensure that, where a competent ADR entity decides to consider a consumer complaint in accordance with its procedural rules, the trader concerned is contacted by that ADR entity and invited to participate in the ADR procedure, irrespective of whether the participation of that trader is mandatory or not.
9. Member States shall ensure that traders established in their territories that are contacted by a competent ADR entity inform that ADR entity whether, or not, they agree to participate in the proposed ADR procedure. The trader shall reply to the ADR entity within a reasonable period, which shall not exceed 20 working days. In the case of complex disputes or in exceptional circumstances, the relevant ADR entity may extend that period, which in any event shall not exceed 30 working days. The ADR entity shall inform the consumer of the extension of the period, where applicable.
When the trader fails to reply within the period set out in the first subparagraph, the ADR entity may presume that the trader has refused to participate in the ADR procedure and may close the case. The ADR entity shall inform the consumer accordingly. The consequences of the failure to reply shall be set out in the national legislation.
The duty to reply referred to in the first subparagraph shall not apply in the following cases:
(a)
where the trader’s participation in the ADR procedure is mandatory;
(b)
where ADR outcomes can be reached without the trader’s consent to participate in the ADR procedure; or
(c)
where the trader has already committed contractually to use ADR entities to resolve disputes with consumers.’
;
(5)
Article 6 is amended as follows:
(a)
in paragraph 1, point (a) is replaced by the following:
‘(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 and, when dealing with cross-border disputes, a general understanding of private international law;’
;
(b)
in paragraph 3, the following point is inserted:
‘(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 have access only to the data strictly related to the case and specifically provided by the trader or the consumer;’
;
(c)
paragraph 6 is replaced by the following:
‘6. For the purposes of paragraph 1, point (a) of this Article, Member States shall ensure that ADR entities provide necessary training for natural persons in charge of ADR. Competent authorities shall monitor the training schemes established by ADR entities on the basis of information communicated to them in accordance with Article 19(3), point (g).’
;
(6)
Article 7 is amended as follows:
(a)
in paragraph 1, the following point is added:
‘(p)
if applicable, contact details of national authorities enforcing Union and national legal acts on unfair commercial practices and terms.’
;
(b)
paragraph 2 is amended as follows:
(i)
the introductory part is replaced by the following:
‘2. Member States shall ensure that, at least every two years, ADR entities make activity reports publicly available on their websites. In addition, Member States shall require ADR entities to provide, upon request, those activity reports on a durable medium and by any other means that ADR entities consider appropriate. Those reports shall include the following information relating to both domestic and cross-border disputes:’
;
(ii)
point (h) is deleted;
(7)
Article 13 is amended as follows:
(a)
paragraph 2 is replaced by the following:
‘2. The information referred to in paragraph 1 shall be provided:
(a)
on the trader’s website, where one exists, in a clear, prominent, comprehensible and easily accessible way;
(b)
in the general terms and conditions of sales or service contracts between the trader and a consumer.’
;
(b)
paragraph 3 is replaced by the following:
‘3. Member States shall ensure that, in cases where a dispute between a consumer and a trader established in their territories could not be resolved further to a complaint submitted directly by the consumer to the trader, the trader is required to provide the consumer with the information referred to in paragraph 1.’
;
(8)
Article 14 is replaced by the following:
‘Article 14
Assistance in cross-border disputes
1. Member States shall ensure that, with regard to cross-border disputes, consumers and traders are able to obtain assistance to facilitate their access to the ADR entity or entities competent to deal with their cross-border dispute.
2. Each Member State shall designate an ADR contact point responsible for the task referred to in paragraph 1. Member States shall confer responsibility for the operation of the ADR contact points on their centre belonging to the European Consumer Centres Network, or, if not possible, on consumer organisations or on any other body dealing with consumer protection.
3. When requesting assistance in cross-border disputes, consumers shall use the ADR contact point in their place of residence, and traders shall use the ADR contact point in their place of establishment.
4. Member States shall ensure that, upon request, the ADR contact points facilitate communication between the parties and the competent ADR entity. Such facilitation shall include at least the following tasks:
(a)
assisting with the submission of the complaint and, where appropriate, relevant documentation;
(b)
supporting the parties, where necessary, by providing the results of machine translation of information, documentation or procedural rules;
(c)
providing the parties with general information on consumer rights at Union and at their national level;
(d)
providing the parties with explanations of the procedural rules applied by the specific ADR entities;
(e)
informing the consumer of other means of redress where a dispute cannot be resolved through an ADR procedure.
5. Member States may grant ADR contact points the right to provide the assistance referred to in this Article to consumers and traders when accessing ADR entities with regard to domestic disputes.
6. Member States shall require that, in performing their activities, all actors assisting consumers in cross-border or domestic disputes provide relevant information to consumers in full transparency, including information regarding procedural rules and any applicable fees, and do so acting in good faith.’
;
(9)
Article 17 is amended as follows:
(a)
paragraph 2 is replaced by the following:
‘2. The cooperation referred to in paragraph 1 shall include, in particular, mutual exchanges of information on practices in specific business sectors about which consumers have repeatedly lodged complaints, including on unfair commercial practices or terms. It shall also include the provision of technical assessment and information by national authorities to ADR entities where such assessment or information is necessary for the handling of individual disputes and is already available.’
;
(b)
paragraph 3 is replaced by the following:
‘3. Member States shall ensure that the cooperation and mutual information exchanges referred to in paragraphs 1 and 2 of this Article comply with the rules on the protection of personal data laid down in Regulation (EU) 2016/679.’
;
(10)
Article 20 is amended as follows:
(a)
in paragraph 1, the following subparagraph is added:
‘In addition, competent authorities shall conduct necessary checks on the functioning and activities of the ADR entities to monitor compliance with the requirements of this Directive.’
;
(b)
in paragraph 6, the first sentence is replaced by the following:
‘6. By 9 July 2018, and by 1 November every four years thereafter, each competent authority shall publish and send to the Commission a report on the development and functioning of ADR entities.’
;
(c)
the following paragraphs are added:
‘8. By 20 April 2026, the Commission shall develop a user-friendly digital interactive tool that provides information on redress for consumers, including information on using ADR in cross-border context, as well as links to information on consumer rights. That tool shall also host the list of the ADR entities referred to in paragraph 4 of this Article, and the list of the ADR contact points notified under Article 24(4), and shall include links to their websites. The tool shall also include a machine translation function which shall be available to ADR entities and ADR contact points free of charge. The Commission shall promote the tool and ensure its technical maintenance.
Member States are encouraged to provide a prominent link to the tool referred to in the first subparagraph on any national websites serving a similar purpose.
Competent authorities shall inform ADR contact points and ADR entities of the machine translation function referred to in the first subparagraph.
9. The Commission shall create a network of ADR contact points.’
;
(11)
in Article 24, the following paragraph is added:
‘4. By 20 March 2028 Member States shall communicate to the Commission the names and contact details of the ADR contact points designated in accordance with Article 14(2).’.