Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)
Date: 2011-11-29
Institutions: European Commission
Subjects: arbitration, consumer protection, electronic commerce, producer's liability, regulation of transactions, single market

EUROPEAN COMMISSION 

Brussels, 29.11.2011 
COM(2011) 793 final 

2011/0373 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on alternative dispute resolution for consumer disputes and amending Regulation (EC) 
No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) 

{SEC(2011) 1408 final} 
{SEC(2011) 1409 final} 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

This  present  proposal,  together  with  the  proposal  for  a  Regulation  on  Online  Dispute 
Resolution  for  consumer  disputes  (Regulation  on  consumer  ODR),  has  to  be  seen  in  the 
context  of  efforts  to  improve  the  functioning  of  the  retail  internal  market  and  more 
particularly to enhance redress for consumers.  

A substantial proportion of European consumers encounter problems when buying goods and 
services in the internal market. In 2010, this was the case for approximately 20% of European 
consumers1. Despite a generally high level of consumer protection guaranteed by legislation, 
problems  encountered  by  consumers  are  often  left  unresolved.  The  losses  incurred  by 
European consumers because of problems with purchased goods or services are estimated at 
0.4% of the EU GDP. 

In  addition  to  having  recourse  to  traditional  judicial  means  of  redress2,  consumers  and 
businesses  in  some  Member  States  have  the  option  to  refer  their  complaints  to  alternative 
dispute  resolution  entities  ("ADR  entities").  These  entities  aim  at  resolving,  out-of-court, 
disputes  arising  between  parties,  through  the  intervention  of  an  entity  (e.g.  arbitrator, 
conciliator, mediator, ombudsman, complaints board).  

The Commission has adopted two Recommendations on consumer ADR3 and established two 
networks  dealing  with  ADR  (ECC-NET4  and  FIN-NET5).  A  number  of  EU  sector-specific 
legislation  contains  a  clause  on  ADR6  and  the  Mediation  Directive7  promotes  the  amicable 
settlement  of  disputes,  including  consumer  disputes.  However,  the  analysis  of  the  current 
situation identified the following main shortcomings which hinder the effectiveness of ADR: 
gaps  in  the  coverage,  the  lack  of  consumer  and  business  awareness  as  well  as  the  uneven 
quality of ADR procedures8.  

1 
2 

3 

4 

5 

6 

7 
8 

Eurobarometer 342, "Consumer Empowerment", p. 169. 
For  example,  Regulation  No  861/2007  establishing  a  European  Small  Claims  Procedure,  OJ  L  199, 
31.7.2007, p. 1. 
Commission Recommendation 98/257/EC on the principles applicable to the bodies responsible for the 
out-of-court  settlement  of  consumer  disputes,  OJ  L  115,  17.4.1998,  p.  31  and  Commission 
Recommendation  2001/310/EC  on  the  principles  for  out-of-court  bodies  involved  in  the  consensual 
resolution of consumer ADR, OJ L 109, 19.4.2001, p. 56. 
The  European  Consumer  Centre  network  (ECC-Net)  helps  consumers  to  access  the  appropriate  ADR 
entity in another Member State in case of cross-border disputes.  
FIN-NET consists of ADR schemes that handle cross-border disputes between consumers and financial 
services providers.  
For example, Directive No 2009/72/EC of the European Parliament and of the Council of 13 July 2009 
concerning  common  rules  for  the  Internal  Market  in  electricity  and  Directive  No  2009/73/EC  of  the 
European  Parliament  and  of  the  Council  of  13  July  2009  concerning  common  rules  for  the  Internal 
Market in natural gas (OJ L 211, 14.8.2009, pp. 55 and 94); Directive No 2008/48/EC of the European 
Parliament  and  of  the  Council  of  23  April  2008  on  credit  agreements  for  consumers  (OJ  L  133, 
22.5.2008, p. 66); Directive No 2000/31/EC of the European Parliament and of the Council of 8 June 
2000 on certain legal aspects of information society services, in particular electronic commerce, in the 
Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1). 
OJ L 136, 24.5.2008, p. 3. 
Cf.  Study  on  the  use  of  Alternative  Dispute  Resolution  in  the  European  Union  of  16  October  2009, 
http://ec.europa.eu/consumers/redress_cons/adr_study.pdf, pp. 56-63; 112-115; 120-121. 

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The  lack  of  effective  ADR  poses  particular  challenges  in  the  context  of  cross-border 
transactions (e.g. language barriers, potentially higher costs, differences in legislation between 
Member States).  

In view of the problems identified, the Commission undertook to propose measures on ADR 
that ensure that all consumer complaints can be submitted to an ADR entity and that disputes 
arising from cross-border transactions could be more easily resolved9. 

2. 

RESULTS  OF  CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  IMPACT 
ASSESSMENT 

2.1. 

Collection of expertise and consultation of interested parties  

The  Commission  conducted  several  studies  on  ADR.  These  include  the  2009  “Study  on  the 
use  of  Alternative  Dispute  Resolution  in  the  European  Union”10  carrying  out  an  in-depth 
analysis  of  existing  ADR  entities  and  their  functioning  in  all  Member  States,  the  study  on 
"Consumer  redress  in  the  EU:  consumers'  experiences,  perceptions  and  opinions"11,  the 
"Assessment  of  the  compliance  costs  including  administrative  costs/burdens  on  businesses 
linked to the use of Alternative Dispute Resolution (ADR)" (2011) and the study on "Cross-
border ADR in the European Union" (2011)12.  

A public consultation on the use of ADR was launched in January 201113. There appeared to 
be a high degree of consensus as to the subject of ADR: all respondents agreed on the need to 
further  develop  ADR  in  order  to  improve  the  functioning  of  the  internal  market.  The  vast 
majority  of  respondents  also  supported  action  at  EU  level  and  stressed  the  need  for  quality 
ADR procedures which should be available particularly for disputes arising from cross-border 
transactions and in the digital environment. In their view, effective ADR procedures should be 
guided  by  a  number  of  common  principles,  such  as  impartiality,  transparency,  effectiveness 
and fairness. Many respondents supported the improvement of ODR procedures, in particular 
for e-commerce transactions, where there are an increasing number of complaints especially 
for low-value cases. 

In March 2011, the Commission services together with the European Parliament organised a 
summit  on  "Alternative  Dispute  Resolution  for  internal  market  and  consumers",  which 
brought  together  some  200  interested  parties.  The  debate  showed  general  support  for  the 
development of ADR, including ODR, for consumers and highlighted the need for EU action. 
In April 2011, a workshop on "ADR: how to make it work better?" was organised within the 
European Consumer Summit14 with 60 stakeholders participating.  

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11 

12 
13 

14 

Policy 

Europe 2020 flagship initiative: "A Digital Agenda for Europe", COM (2010) 245, p. 13; Commission 
Communication "Single Market Act", COM (2011) 206, p. 9. 
Study  on  the  use  of  Alternative  Dispute  Resolution  in  the  European  Union,  Civic  Consulting  of  the 
Consumer 
at: 
Evaluation 
http://www.cc.cec/home/dgserv/sg/evaluation/pages/eims_en.htm. 
"Consumer  redress  in  the  European  Union:  consumers'  experiences,  perceptions  and  opinions",  2009 
http://ec.europa.eu/consumers/redress_cons/docs/cons_redress_EU_qual_study_report_en.pdf.  
http://www.europarl.europa.eu/meetdocs/2009_2014/documents/imco/dv/adr_study_/adr_study_en.pdf. 
Public  consultation on  the  use  of  alternative dispute resolution (ADR)  as  a  means  to  resolve  disputes 
EU: 
practices 
related 
http://ec.europa.eu/consumers/redress_cons/Feedback_Statement_Final.pdf. 
http://www.european-consumer-summit.eu/workshops3_en.asp.  

transactions 

Consortium 

commercial 

available 

(CPEC), 

2009, 

and 

the 

to 

in 

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Complementary input was provided, in particular, through a business consultation conducted 
by the Commission services between December 2010 and January 2011 through the European 
Business Test Panel15 and a business consultation conducted between March and May 2011 
via the SME survey platform16. 

The European Data Protection Supervisor (EDPS) was also consulted. 

2.2. 

Impact assessment 

The  Commission  has  carried  out  a  detailed  impact  assessment  (IA),  analysing  a  range  of 
policy options for both "ADR coverage, information and quality" and "ODR for cross-border 
e-commerce transactions". The IA concluded that only a combination of two instruments on 
ADR and ODR can ensure access to impartial, transparent, effective and fair means to resolve 
domestic  and  cross-border  consumer  disputes  out-of-court.  In  particular,  a  Framework 
Directive is the most appropriate way to ensure full ADR coverage in all Member States, to 
inform  consumers  about  ADR  and  to  ensure  that  ADR  entities  respect  specific  quality 
principles.  Full  ADR  coverage  will  create  the required  framework  on  the  basis  of  which  an 
EU-wide ODR system can effectively deal with disputes relating to cross-border e-commerce 
transactions. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1.  Main elements of the proposal 

3.1.1.  Ensuring that ADR procedures exist for all consumer disputes  

Under the present proposal, Member States shall ensure that all disputes between a consumer 
and a trader arising from the sale of goods or the provision of services can be submitted to an 
ADR entity, including through online means. In order to fulfil their obligation, Member States 
may use existing ADR entities and adjust their scope of application, if needed; or they may 
create new ADR entities or a residual cross-sectoral entity.  

The present proposal covers disputes between consumers and traders arising from the sale of 
goods  or  the  provision  of  services.  This  includes  complaints  filed  by  consumers  against 
traders but also complaints filed by traders against consumers. The present proposal applies to 
ADR  entities  that  seek  to  resolve  disputes  between  consumers  and  traders  out-of-court 
through  the  intervention  of  a  dispute  resolution  entity.  It  covers  in  particular  mediation 
procedures  but  also  non-judicial  procedures  of  an  adjudicatory  nature,  such  as  procedures 
before  consumer  complaint  boards,  arbitration  and  conciliation  procedures.  The  present 
proposal does not apply to consumer complaint handling systems operated by the trader nor to 
dispute  resolution  entities  where  the  natural  persons  in  charge  of  dispute  resolution  are 
employed exclusively by the trader. It also excludes direct negotiations between the parties.  

15 

16 

335  companies  from  all  EU  Member  States  were  consulted  on  their  experiences  and  views  on  ADR: 
http://ec.europa.eu/yourvoice/ebtp/consultations/2010/adr/index_en.htm.  
During this consultation 927 small and medium size enterprises responded to questions regarding ADR. 

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3.1.2. 

Information on ADR and cooperation 

When  disputes  arise,  consumers  must  be  able  to  quickly  identify  which  ADR  entities  are 
competent to deal with their dispute. To this end, this proposal ensures that consumers will be 
able  to  find  information  on  the  competent  ADR  entity  in  the  main  commercial  documents 
provided by the trader and, where a trader has a website, on that website. In addition, traders 
will  have  to  inform  consumers  on  whether  or  not  they  commit  to  use  ADR  in  relation  to 
complaints  lodged  against  them  by  a  consumer.  This  obligation  will  act  as  an  incentive  for 
traders to use ADR more frequently. 

Under the present proposal, Member States shall ensure that consumers can obtain assistance 
when they are involved in a cross-border dispute. Member States may delegate responsibility 
for  this  task  to  their  centres  of  the  European  Consumer  Centre  Network  (ECC-net)  which 
currently performs the function of guiding consumers to the ADR entities competent to deal 
with their cross-border disputes.  

Under  the  proposal,  ADR  entities  will  be  encouraged  to  become  members  of  networks  of 
ADR entities in sector-specific areas when they deal with disputes in that area. In addition, the 
present  proposal  encourages  cooperation  between  ADR  entities  and  national  authorities 
entrusted with the enforcement of consumer protection legislation. 

The  present  proposal  contains  provisions  ensuring  the  respect  of  strict  guarantees  of 
confidentiality and data protection, in compliance with the relevant Union legislation. 

3.1.3.  Quality of ADR entities 

The  present  proposal  aims  at  ensuring  that  ADR  entities  respect  the  quality  principles  of 
impartiality, transparency, effectiveness and fairness. Such principles have been laid down in 
two  Commission  Recommendations.  By  giving  a  binding  effect  to  these  principles,  the 
present  proposal  will  create  a  level  playing field  for  ADR  and  strengthen  the  confidence  of 
both consumers and traders in ADR procedures.  

Transparency  of  ADR  entities  should  guarantee  that  the  parties  receive  all  the  information 
they  need  to  take  an  informed  decision  before  engaging  in  an  ADR  procedure.  ADR 
procedures  should  be  effective  and  address  certain  shortcomings  associated  with  court 
procedures, such as costs, length and complexity. Based on the results of existing studies, the 
present proposal requires that disputes should be resolved within 90 days. In order to ensure 
that ADR procedures remain accessible to all consumers, the present proposal provides that 
they should be free of charge or of moderate costs for consumers. 

3.1.4.  Monitoring 

In  order  to  ensure  that  ADR  entities  function  properly  and  provide  quality  services  for 
consumers and traders, they should be closely monitored. In each Member State, a competent 
authority  will  be  in  charge  of  monitoring  the functioning of ADR entities established on its 
territory. The competent authorities will inter alia assess, on the basis of information notified 
to them by ADR entities, whether a given ADR entity respects the quality requirements laid 
down  by  the  present  proposal.  In  addition,  the  competent  autorities  will  publish  regular 
reports  on  the  development  and  functioning  of  ADR  entities.  Every  three  years,  the 
Commission will report to the European Parliament and the Council on the application of the 
Directive.  

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3.2. 

Subsidiarity principle 

The proposal is based on Article 114 of the Treaty on the Functioning of the European Union. 

The development of a well-functioning ADR system within the Union, built on existing ADR 
entities in the Member States and respecting their legal traditions, will strengthen consumer 
confidence in the retail internal market, including in the area of e-commerce. It will also open 
up  new  opportunities  for  businesses.  Action  by  Member  States  alone  is  likely  to  result  in 
further  fragmentation  of  ADR,  which  in  turn  would  contribute  to  unequal  treatment  for 
consumers and traders in the internal market and create diverging levels of consumer redress 
in the Union. Action at Union level, such as proposed, should provide European consumers 
with the same level of protection and promote competitive practices amongst businesses, thus 
increasing the exchange of products or services across borders. 

Defining at Union level common principles and rules for ADR entities and ADR procedures 
in  all  Member  States  will  have  the  clear  advantage  of  ensuring  an  effective  and  adequate 
treatment of consumer disputes arising from domestic or cross-border transactions. It will also 
ensure that quality levels of ADR procedures are more homogenous in the Union. 

The  divergence  in  national  policies  on  ADR  procedures  (or  the  lack  thereof)  shows  that 
unilateral action by Member States does not lead to a satisfactory solution for consumers and 
businesses. Efficient and effective ADR for cross-border disputes requires a well-functioning 
system of domestic ADR entities on which the EU-wide ODR platform will be anchored. 

3.3. 

Proportionality 

The proposal complies with the proportionality principle for the following reasons: 

The proposal does not go beyond what is strictly necessary to achieve its objectives. It does 
not  regulate  all  aspects  of  ADR  but  focuses  on  some  key  aspects  of  out-of-court  dispute 
resolution.  The  framework  Directive  will  build  on  ADR  entities  that  already  exist  and  will 
leave the choice of form and methods to achieve the results expected to Member States. 

The objectives of this proposal will be achieved at the lowest costs to businesses and Member 
States, while avoiding duplication of expenses and unnecessary administrative burdens. 

4. 

BUDGETARY IMPLICATION  

This proposal does not have an impact on the EU budget. Therefore no financial statement is 
attached to the proposal.  

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2011/0373 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on alternative dispute resolution for consumer disputes and amending Regulation (EC) 
No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the European Commission17, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee18, 

After consulting the European Data Protection Supervisor, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

Article 169(1) and Article 169(2)(a) of the Treaty on the Functioning of the European 
Union (TFEU) provide that the Union is to contribute to the attainment of a high level 
of consumer protection through the measures adopted pursuant to Article 114 thereof. 
Article 38 of the Charter of Fundamental Rights of the European Union provides that 
Union policies shall ensure a high level of consumer protection. 

In  accordance  with  Article  26(2)  TFEU,  the  internal  market  is  to  comprise  an  area 
without  internal  frontiers  in  which  the  free  movement  of  goods  and  services  is 
ensured.  In  order  for  consumers  to  have  confidence  in  and  benefit  from  the  internal 
market, it is necessary that they have access to simple and low-cost ways of resolving 
disputes which arise from the sale of goods or the provision of services. This applies to 
offline as well as to online transactions, and is particularly important when consumers 
shop across borders. 

Alternative dispute resolution offers a simple, fast and low-cost out-of-court solution 
to disputes between consumers and traders. However, alternative dispute resolution is 
not yet sufficiently developed across the  European  Union. In order  for consumers to 
fully exploit its potential, it is necessary that alternative dispute resolution is available 
for  all  types  of  consumer  disputes,  quality  levels  of  ADR  procedures  are  even  and 

17 
18 

OJ C …, …, p… . 
OJ C …, …, p… . 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

consumers  and  traders  are  aware  of  such  procedures.  It  is  also  necessary  that  ADR 
entities handle cross-border disputes effectively.  

In  its  Single  Market  Act19,  the  Commission  has  identified  legislation  on  alternative 
dispute  resolution  which  includes  an  electronic  commerce  dimension  as  one  of  the 
twelve levers to boost growth and strengthen confidence in the Single Market.  

The European Council has invited the Parliament and the Council to adopt, by the end 
of 2012, a first set of priority measures to bring a new impetus to the Single Market.20 

The  development  within  the  European  Union  of  well-functioning  alternative  dispute 
resolution  is  necessary  to  strengthen  consumers'  confidence  in  the  internal  market, 
including in the area of e-commerce. Such development should build on existing ADR 
procedures in the Member States and respect their legal traditions.  

This  Directive  should  apply  to  contractual  disputes  between  consumers  and  traders 
that are arising from the sale of goods or provision of services in all economic sectors. 
This  should  include  complaints  submitted  by  consumers  against  traders  but  also 
complaints submitted by traders against consumers. This Directive should not apply to 
disputes between traders; however, it should not prevent Member States from adopting 
or  maintaining  in  force  provisions  on  procedures  for  the  out-of-court  resolution  of 
such disputes.  

The  definition  of  “consumer”  should  cover  natural  persons  who  are  acting  outside 
their  trade,  business,  craft  or  profession.  However,  if  the  contract  is  concluded  for 
purposes  partly  within  and  partly  outside  the  person’s  trade  (dual  purpose  contracts) 
and the trade purpose is so limited as not to be predominant in the overall context of 
the supply, that person should also be considered as a consumer. 

This Directive should be without prejudice to Directive 2008/52/EC of the European 
Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil 
and  commercial  matters21,  Regulation  (EC)  No  44/2001  of  the  Council  of  22 
December 2000 on jurisdiction and the recognition and enforcement of judgments in 
civil  and  commercial  matters22,  Regulation  (EC)  No  864/2007  of  the  European 
Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual 
obligations  (“Rome  II”)23  and  Regulation  (EC)  No  593/2008  of  the  European 
Parliament  and  of  the  Council  of  17  June  2008  on  the  law  applicable  to  contractual 
obligations (“Rome I”)24.  

(10)  This Directive should prevail over Union legislation which contains provisions aimed 
at  encouraging  the  setting  up  of  ADR  entities  in  a  specific  sector.  Where  sector-

19 

20 

21 
22 
23 
24 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  economic  and 
social  Committee  and  the  Committee  of  the  Regions:  Single  Market  Act  –  Twelve  levers  to  boost 
growth and strengthen confidence, "Working together to create new growth", COM (2011) 206 final, p. 
9. 
Conclusions of the European Council of 24-25 March 2011, EUCO 10/11, p. 4; see also Conclusions of 
the European Council of 23 October 2011, EUCO 52/11, pp. 1-2. 
OJ L 136, 24.5.2008, p. 3. 
OJ L 12, 16.1.2001, p. 32. 
OJ L 199, 31.7.2007, p. 40. 
OJ L 177, 4.7.2008, p. 6. 

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specific  legislation  mandates  the  setting  up  of  such  entities,  this  Directive  should 
prevail  only  to  the  extent  that  such  legislation  does  not  ensure  at  least  an  equivalent 
degree of consumer protection.  

(11)  ADR entities are highly diverse across the Union but also within the Member States. 
This Directive should cover any entity that is established on a durable basis and offers 
the resolution of a dispute through an ADR procedure. An arbitration procedure which 
is  created  outside  the  framework  of  an  ADR  entity  on  an  ad  hoc  basis  for  a  single 
dispute  between  a  consumer  and  a  trader  should  not  be  considered  as  an  ADR 
procedure.  

(12)  This Directive should not apply to procedures before dispute resolution entities where 
the  natural  persons  in  charge  of  dispute  resolution  are  employed  exclusively  by  the 
trader nor to procedures before consumer compliant handling systems operated by the 
trader.  It  should  not  apply  to  direct  negotiations  between  the  parties.  Furthermore,  it 
should  not  apply  to  attempts  made  by  a  judge  to  settle  a  dispute  in  the  course  of  a 
judicial proceeding concerning that dispute. 

(13)  Member States should ensure that disputes covered by this Directive can be submitted 
to an ADR entity fulfilling the requirements set out in this Directive. Member States 
should have the possibility to fulfil this obligation by relying on existing ADR entities 
and adjusting their scope of application, if needed, or by providing for the creation of 
new ADR entities. This Directive should not oblige Member States to create a specific 
ADR entity in each retail sector. Member States should have the possibility to provide 
for the creation of a residual ADR entity that deals with disputes for the resolution of 
which no specific entity is competent.  

(14)  This  Directive  should  be  without  prejudice  to  traders  established  in  a  Member  State 
being covered by an ADR entity which is located in another Member State. Member 
States should encourage the development of such entities. 

(15)  This  Directive  should  be  without  prejudice  to  Member  States  maintaining  or 
introducing ADR procedures dealing jointly with identical or similar disputes between 
a trader and several consumers. Such procedures can be seen as a preliminary step to 
further developing collective ADR procedures within the Union. 

(16)  The  processing  of  information  relating  to  disputes  covered  by  this  Directive  should 
comply  with  the  rules  on  the  protection  of  personal  data  laid  down  in  the  laws, 
regulations  and  administrative  provisions  of  the  Member  States  adopted  pursuant  to 
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 
on the protection of individuals with regard to the processing of personal data and on 
the free movement of such data.  

(17)  The  natural  persons  in  charge  of  alternative  dispute  resolution  should  only  be 
considered  impartial  if  they  cannot  be  subject  to  pressure  that  potentially  influences 
their attitude towards the dispute. There is a particular need to ensure the absence of 
such pressure where ADR entities are financed by one of the parties to the dispute or 
an organisation of which one of the parties is a member.  

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(18) 

In  order  to  ensure  the  transparency  of  ADR  entities  and  of  ADR  procedures  it  is 
necessary  that  the  parties  receive  all  the  information  they  need  to  take  an  informed 
decision before engaging in an ADR procedure.  

(19)  ADR  procedures  should  be  effective.  They  should  provide  for  a  simple  and  fast 
procedure whose duration generally does not exceed 90 days. The ADR entity should 
be able to extend this time period when the complexity of the dispute in question so 
demands. 

(20)  ADR procedures should be free of charge or of moderate costs for consumers so that it 

remains economically reasonable for consumers to use such procedures. 

(21)  ADR procedures should be fair so that the parties to a dispute are fully informed about 
their rights and the consequences of the choices they make in the context of an ADR 
procedure. 

(22)  When a dispute arises it is necessary that consumers are able to identify quickly which 
ADR entities are competent to deal with their complaint and to know whether or not 
the  trader  concerned  will  participate  in  proceedings  submitted  to  an  ADR  entity. 
Traders  should  therefore  provide  such  information  on  their  main  commercial 
documents and, where they have a website, on their websites. This obligation should 
be  without  prejudice  to  Articles  6(1)(t),  7(1)  and  8  of  Directive  2011/83/EU  of  the 
European  Parliament  and  of  the  Council  of  25  October  2011  on  consumer  rights25. 
Article 6(1)(t) of Directive 2011/83/EU stipulates for consumer contracts concluded at 
a  distance  or  off  premises  that  the  trader  has  to  inform  the  consumer  about  the 
possibility of having recourse to an out-of-court complaint and redress mechanism to 
which  the  trader  is  subject,  and  the  methods  for  having  access  to  it,  before  the 
consumer is bound by the contract. Article 7(1) of Directive 2011/83/EU provides that, 
in the case of off-premises contracts, this information must be provided on paper or, if 
the consumer agrees, on another durable medium. 

(23)  This  Directive  does  not  prescribe  that  participation  of  traders  in  ADR  procedures  be 
mandatory  or  that  the  outcome  of  such  procedures  be  binding  on  traders,  when  a 
consumer  has  lodged  a  complaint  against  them.  However,  this  Directive  is  without 
prejudice to any national rules making the participation of traders in such procedures 
mandatory or their outcome binding on traders, provided that such legislation does not 
prevent  the  parties  from  exercising  their  right  of  access  to  the  judicial  system  as 
guaranteed in Article 47 of the Charter of Fundamental Rights of the European Union.  

(24)  Member States should ensure that ADR entities cooperate on the resolution of cross-

border disputes.  

(25)  Networks of ADR entities which facilitate the resolution of cross-border disputes, such 
as FIN-NET in the area of financial services, should be strengthened within the Union. 
Member States should encourage ADR entities to become part of such networks. 

(26)  Close  cooperation  between  ADR  entities  and  national  authorities  entrusted  with  the 
enforcement  of  Union  legislation  on  consumer  protection  should  strengthen  the 
effective application of such Union legislation.  

25 

OJ L ..., ..., p. .... 

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(27) 

In order to ensure that ADR entities function properly and effectively, they should be 
closely  monitored.  The  Commission  and  competent  authorities  under  this  Directive 
should publish and update a list of ADR entities that comply with this Directive. Other 
bodies,  such  as  ADR  entities,  consumer  associations,  business  associations  and  the 
European  Consumer  Centre  Network,  should  also  publish  this  list.  In  addition, 
competent  authorities  should  publish  regular  reports  on  the  development  and 
functioning  of  ADR  entities.  ADR  entities  should  notify  to  competent  authorities 
specific  information  on  which  those  reports  should  be  based.  Member  States  should 
information  using  Commission 
encourage  ADR  entities 
Recommendation  2010/304/EU  on  the  use  of  a  harmonised  methodology  for 
classifying and reporting consumer complaints and enquiries26.  

to  provide  such 

(28) 

It  is  necessary  that  Member  States  lay  down  penalties  for  infringements  of  the 
provisions  of  this  Directive  relating  to  consumer  information  by  traders  and 
information  to  be  notified  to  competent  authorities  by  ADR  entities  and  ensure  that 
they are enforced. The penalties should be effective, proportionate and dissuasive. 

(29)  Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 
October  2004  on  cooperation  between  national  authorities  responsible  for  the 
enforcement  of  consumer  protection  laws  (the  Regulation  on  consumer  protection 
cooperation)27 should be amended to include a reference to this Directive in its Annex so 
as to reinforce cross-border cooperation on enforcement of this Directive.  

(30)  Directive 2009/22 of the European Parliament and of the Council of 23 April 2009 on 
injunctions for the protection of consumers' interests (Injunctions Directive)28 should 
be amended to include a reference to this Directive in its Annex so as to ensure that the 
consumers' collective interests laid down in this Directive are protected. 

(31)  Since the objective of this Directive, namely to contribute to the proper functioning of 
the  internal  market  by  ensuring  a  high  level  of  consumer  protection,  cannot  be 
sufficiently  achieved  by  the  Member  States  and  can  therefore  be  better  achieved  at 
Union  level,  the  Union  may  adopt  measures,  in  accordance  with  the  principle  of 
subsidiarity  as  set  out  in  Article  5  of  the  Treaty  on  European  Union.  In  accordance 
with the principle of proportionality, as set out in that Article, this Directive does not 
go beyond what is necessary in order to achieve that objective.  

(32)  This  Directive  respects  fundamental  rights  and  observes  the  principles  recognised  in 
particular  by  the  Charter  of  Fundamental  Rights  of  the  European  Union  and 
specifically Articles 7, 8, 38 and 47 thereof,  

26 
27 
28 

OJ L 136, 2.6.2010, p.1. 
OJ L 364, 9.12.2004, p. 1. 
OJ L 110, 1.5.2009, pp. 30–36. 

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HAVE ADOPTED THIS DIRECTIVE: 

CHAPTER I  
GENERAL PROVISIONS 

Article 1 
Subject matter 

This Directive is to contribute to the functioning of the internal market and to the achievement 
of  a  high  level  of  consumer  protection  by  ensuring  that  disputes  between  consumers  and 
traders  can  be  submitted  to  entities  offering  impartial,  transparent,  effective  and  fair 
alternative dispute resolution procedures.  

Article 2 
Scope 

1. 

This Directive shall apply to procedures for the out-of-court resolution of contractual 
disputes  arising  from  the  sale  of  goods  or  provision  of  services  by  a  trader 
established in the Union to a consumer resident in the Union through the intervention 
of  a  dispute  resolution  entity  which  proposes  or  imposes  a  solution  or  brings  the 
parties together with the aim of facilitating an amicable solution, hereinafter ‘ADR 
procedures’. 

2. 

This Directive shall not apply to: 

(a)  procedures  before  dispute  resolution  entities  where  the  natural  persons  in 

charge of dispute resolution are employed exclusively by the trader; 

(b)  procedures  before  consumer  complaint  handling  systems  operated  by  the 

trader;  

(c)  direct negotiation between the consumer and the trader, whether represented or 

not;  

(d) 

attempts  made  by  a  judge  to  settle  a  dispute  in  the  course  of  a  judicial 
proceeding concerning that dispute.  

Article 3 
Relationship with other Union legislation 

1. 

2. 

This  Directive  is  without  prejudice  to  Directive  2008/52/EC,  Regulation  (EC)  No 
44/2001, Regulation (EC) No 864/2007 and Regulation (EC) No 593/2008.  

Article  5(1)  of  this  Directive  shall  prevail  over  the  provisions  referred  to  in  the 
Annex.  

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3. 

This  Directive  shall  prevail  over  mandatory  provisions  contained  in  sector-specific 
Union legislation which relate to alternative dispute resolution only to the extent that 
such provisions do not ensure at least an equivalent degree of consumer protection. 

Article 4 
Definitions 

For the purposes of this Directive: 

(a) 

(b) 

"consumer" means any natural person who is acting for purposes which are outside 
his trade, business, craft or profession;  

"trader"  means  any  natural  persons  or  any  legal  person,  irrespective  of  whether 
privatly or publicly owned, who is acting, including through any person acting in his 
name or on his behalf, for purposes relating to his trade, business, craft or profession; 

(c) 

a trader is established: 

– 

– 

if the trader is a natural person, where he has his place of business;  

if the trader is a company or other legal person or association of natural or legal 
persons,  where  it  has  its  statutory  seat,  central  administration  or  place  of 
business, including a branch, agency or any other establishment; 

(d) 

"cross-border dispute" means a contractual dispute arising from the sale of goods or 
provision of services where, at the time the consumer orders the goods or services, 
the consumer is resident in a Member State other than the Member State in which the 
trader is established; 

(e) 

"ADR entity" means any entity, however named or referred to, which is established 
on a durable basis and offers the resolution of a dispute through an ADR procedure; 

(f) 

an ADR entity is established: 

– 

– 

– 

if  the  entity  is  operated  by  a  natural  person,  at  the  place  where  it  carries  out 
alternative dispute resolution activities;  

if  the  entity  is  operated  by  a  legal  person  or  association  of  natural  or  legal 
persons, at the place where that legal person or association of natural or legal 
persons  carries  out  alternative  dispute  resolution  activities  or  has  its  statutory 
seat;  

if  the  entity  is  operated  by  an  authority  or  other  public  body,  where  that 
authority or other public body has its seat. 

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CHAPTER II 
ACCESS AND PRINCIPLES APPLICABLE TO 
ALTERNATIVE DISPUTE RESOLUTION  

1. 

2. 

3. 

1. 

Article 5 
Access to alternative dispute resolution  

Member States shall ensure that disputes covered by this Directive can be submitted 
to an ADR entity which complies with the requirements set out in this Directive.  

Member States shall ensure that ADR entities: 

(a)  have a website enabling the parties to submit a complaint online; 

(b) 

enable the parties to exchange information with them via electronic means;  

(c) 

accept both, domestic and cross-border disputes, including disputes covered by 
Regulation  (EU)  No  [Office  of  Publications  insert  reference  number]  of  the 
European Parliament and of the Council of [Office of Publications insert date 
of adoption] on online dispute resolution for consumer disputes (Regulation on 
consumer ODR)29; and 

(d)  when  dealing  with  disputes  covered  by  this  Directive  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  the  national  legislation 
implementing Directive 95/46/EC.  

Member  States  may  fulfil  their  obligation  under  paragraph  1  by  ensuring  the 
exsistence  of  a  residual  ADR  entity  which  is  competent  to  deal  with  disputes  as 
referred  to  in  paragraph  1  for  the  resolution  of  which  no  existing  ADR  entity  is 
competent. 

Article 6 
Expertise and impartiality  

Member States shall ensure that the natural persons in charge of alternative dispute 
resolution possess the necessary expertise and are impartial. This shall be guaranteed 
by ensuring that they: 

(a)  possess  the  necessary  knowledge,  skills  and  experience  in  the  field  of 

alternative dispute resolution; 

(b) 

are not liable to be relieved from their duties without just cause; 

(c)  have no conflict of interest with either party to the dispute. 

29 

OJ L …, ...., p. … 

EN 

14 

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2. 

Member States shall ensure that ADR entities where the natural persons in charge of 
dispute  resolution  form  part  of  a  collegial  body  provide  for  an  equal  number  of 
representatives of consumers' interests and of  representatives  of  traders'  interests  in 
that body.  

Article 7 
Transparency 

1. 

Member  States  shall  ensure  that  ADR  entities  make  publicly  available  on  their 
websites and in printed form at their premises information on:  

(a) 

(b) 

the  natural  persons  in  charge  of  alternative  dispute  resolution,  the  method  of 
their appointment and the length of their mandate; 

the  source  of  financing,  including  percentage  share  of  public  and  of  private 
financing; 

(c)  where  appropriate,  their  membership  in  networks  of  ADR  entities  facilitating 

cross-border dispute resolution; 

(d) 

the types of disputes they are competent to deal with; 

(e) 

the rules of procedure governing the resolution of a dispute;  

(f) 

(g) 

(h) 

the languages in which complaints can be submitted to the ADR entity and in 
which the ADR procedure is conducted; 

the types of rules the ADR entity may use as a basis for the dispute resolution 
(e.g. rules of law, considerations of equity, codes of conduct); 

any  preliminary  requirements  the  parties  may  have  to  meet  before  an  ADR 
procedure can be instituted; 

(i) 

the costs, if any, to be borne by the parties; 

(j) 

the approximate length of the ADR procedure;  

(k) 

the legal effect of the outcome of the ADR procedure. 

2. 

Member  States  shall  ensure  that  ADR  entities  make  publicly  available  on  their 
websites and in printed form at their premises annual activity reports. These reports 
shall  include  the  following  information  relating  to  both  domestic  and  cross-border 
disputes: 

(a) 

the  number  of  disputes  received  and  the  types  of  complaints  to  which  they 
related; 

(b) 

any recurrent problems leading to disputes between consumers and traders;  

(c) 

the  rate  of  dispute  resolution  procedures  which  were  discontinued  before  an 
outcome was reached; 

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(d) 

the average time taken to resolve disputes; 

(e) 

the rate of compliance, if known, with the outcomes of the ADR procedures; 

(f)  where  appropriate,  their  cooperation  within  networks  of  ADR  entities 

facilitating the resolution of cross-border disputes. 

Article 8 
Effectiveness 

Member  States  shall  ensure  that  ADR  procedures  are  effective  and  fulfil  the  following 
requirements: 

(a) 

(b) 

(c) 

(d) 

the ADR procedure is easily accessible to both parties irrespective of where the party 
is situated; 

the  parties  have  access  to  the  procedure  without  being  obliged  to  use  a  legal 
representative; nonetheless parties may be represented or assisted by a third party at 
any stage of the procedure; 

the ADR procedure is free of charge or at moderate costs for consumers;  

the  dispute  is  resolved  within  90  days  from  the  date  on  which  the  ADR  entity  has 
received the complaint. In the case of complex disputes, the ADR entity may extend 
this time period. 

Article 9 
Fairness 

1. 

Member States shall ensure that in ADR procedures: 

(a) 

(b) 

the  parties  have  the  possibility  to  express  their  point  of  view  and  hear  the 
arguments and facts put forward by the other party and any experts' statements; 

the outcome of the ADR procedure is made available to both parties in writing 
or on a durable medium, stating the grounds on which the outcome is based. 

2. 

Member  States  shall  ensure  that  in  ADR  procedures  which  aim  at  resolving  the 
dispute by suggesting a solution  

(a) 

the consumer, before agreeing to a suggested solution, is informed that: 

(i) 

he has the choice as to whether or not to agree to a suggested solution; 

(ii) 

the  suggested  solution  may  be  less  favourable  than  an  outcome 
determined by a court applying legal rules; 

(iii)  before  agreeing  or  rejecting  the  suggested  solution  he  has  the  right  to 

seek independent advice; 

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16 

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(b) 

(c) 

the  parties,  before  agreeing  to  a  suggested  solution,  are  informed  of  the  legal 
effect of such agreement; 

the parties, before expressing their consent to a suggested solution or amicable 
agreement, are allowed a reasonable period of time to reflect. 

CHAPTER III 
INFORMATION AND COOPERATION 

1. 

2. 

3. 

1. 

2. 

Article 10 
Consumer information by traders 

Member  States  shall  ensure  that  traders  established  on  their  territories  inform 
consumers  about  the  ADR  entities  by  which  they  are  covered  and  which  are 
competent to deal with potential disputes between themselves and consumers. Such 
information  shall  include  the  addresses  of  the  relevant  ADR  entities'  websites  and 
specify  whether  or  not  the  trader  commits  to  use  these  entities  to  resolve  disputes 
with consumers. 

The information referred to in paragraph 1 shall be mentioned in an easily, directly, 
prominently  and  permanently  accessible  way  on  the  trader's  website,  where  one 
exists,  in  the  general  terms  and  conditions  of  contracts  for  the  sale  of  goods  or 
provision of services between the trader and a consumer and in invoices and receipts 
relating to such contracts. It shall specify how further information on the ADR entity 
concerned and on the conditions for using it can be accessed. 

The provisions in this Article shall be without prejudice to the provisions in Articles 
6,  7  and  8  of  Directive  2011/83/EU  concerning  consumer  information  for  distance 
and off-premises contracts. 

Article 11 
Assistance for consumers 

Member States shall ensure that consumers can obtain assistance with regard to their 
disputes  arising  from  cross-border  sales  of  goods  or  provision  of  services.  Such 
assistance  shall  in  particular  aim  at  helping  consumers  to  access  the  ADR  entity 
operating  in  another  Member  State  which  is  competent  to  deal  with  their  cross-
border dispute. 

Member States  may confer responsibility for the task referred to in paragraph 1 on 
their centres of the European Consumer Centre Network, on consumer associations 
or on any other body. 

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17 

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Article 12 
General information  

Member States shall ensure that ADR entities, consumer associations, business associations, 
the  centres  of  the  European  Consumer  Centre  Network  and,  where  appropriate,  the  bodies 
designated in accordance with Article 11(2) make publicly available at their premises and on 
their websites the list of ADR entities referred to in Article 17(3). 

Article 13 
Cooperation between ADR entities on the resolution of cross-border disputes 

1. 

2. 

3. 

Member States shall ensure that ADR entities cooperate on the resolution of cross-
border disputes.  

Where a network of ADR entities facilitating the resolution of cross-border disputes 
exists  in  a  sector-specific  area  within  the  Union,  Member  States  shall  encourage 
ADR  entities  that  deal  with  disputes  in  that  area  to  become  a  member  of  that 
network. 

The Commission shall publish a list containing the names and contact details of the 
networks referred to in paragraph 1. The Commission shall, if necessary, update this 
list every two years.  

Article 14 
Cooperation between ADR entities and national authorities enforcing Union legislation on 
consumer protection  

1. 

2. 

3. 

Member  States  shall  ensure  cooperation  between  ADR  entities  and  national 
authorities  entrusted  with  the  enforcement  of  Union  legislation  on  consumer 
protection.  

This cooperation shall include mutual exchange of information on business practices 
by traders about which consumers have lodged complaints. 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.  

Member  States  shall  ensure  that  cooperation  and  mutual  information  exchanges 
referred to in paragraphs 1 and 2 comply with the rules on the protection of personal 
data laid down in Directive 95/46/EC. 

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CHAPTER IV 
MONITORING OF ADR ENTITIES 

Article 15 
Designation of competent authorities 

1. 

2. 

Each Member State shall designate a competent authority in charge of monitoring the 
functioning  and  development  of  ADR  entities  established  on  its  territory.  Each 
Member State shall communicate the authority it has designated to the Commission. 

The Commission shall establish a list of the competent authorities communicated to 
it in accordance with paragraph 1 and publish that list in the Official Journal of the 
European Union. 

Article 16 
Information to be notified to competent authorities by ADR entities  

1. 

Member States shall ensure that ADR entities established on their territories notify to 
the competent authority the following: 

(a) 

their name, contact details and website address; 

(b) 

information on their structure and funding, including information on the natural 
persons in charge of alternative dispute resolution, their funding and by whom 
they are employed; 

(c) 

their rules of procedure; 

(d) 

their fees, if applicable; 

(e) 

the approximate length of the ADR procedures; 

(f) 

the language or languages in which complaints can be submitted and the ADR 
procedure conducted; 

(g) 

a statement on the elements necessary to establish their competence;  

(h) 

a  reasoned  statement,  based  on  a  self-assessment  by  the  ADR  entity,  on 
whether it qualifies as an ADR entity falling within the scope of this Directive 
and complies with the requirements set out in chapter II. 

In  the  event  of  changes  to  the  information  referred  to  in  points  (a)  to  (g),  ADR 
entities shall immediately notify these changes to the competent authority. 

2. 

Member  States  shall  ensure  that  ADR  entities  communicate  to  the  competent 
authorities at least once a year the following information: 

(a) 

the  number  of  disputes  received  and  the  types  of  complaints  to  which  they 
related; 

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(b) 

the  rate of  ADR procedures  which were discontinued before an  outcome  was 
reached; 

(c) 

the average time taken to resolve the disputes received; 

(d) 

the rate of compliance, if known, with the outcomes of the ADR procedures; 

(e) 

relevant  statistics  demonstrating  the  way  in  which  traders  use  alternative 
dispute resolution for their disputes with consumers; 

(f) 

any recurrent problems leading to disputes between consumers and traders; 

(g)  where  applicable,  an  assessment  of  the  effectiveness  of  their  cooperation 
within  networks  of  ADR  entities  facilitating  the  resolution  of  cross-border 
disputes; 

(h) 

a  self-assessment  of  the  effectiveness  of  the  ADR  procedure  offered  by  the 
entity and of possible ways of improving its performance.  

Article 17 
Role of the competent authorities and of the Commission 

1. 

2. 

Each competent authority shall assess, on the basis of the information it has received 
in accordance with Article 16(1), whether the ADR entities notified to it qualify as 
ADR  entities  falling  within  the  scope  of  this  Directive  and  comply  with  the 
requirements set out in chapter II. 

Each  competent  authority  shall,  on  the  basis  of  the  assessment  referred  to  in 
paragraph 1, establish a list of the ADR entities that fulfil the conditions set out in 
paragraph 1. 

The list shall include the following: 

(a) 

the name, the contact details and the website addresses of these ADR entities;  

(b) 

their fees, if applicable; 

(c) 

the language or languages in which in which complaints can be submitted and 
the ADR procedure conducted; 

(d) 

the elements necessary to establish their competence; 

(e) 

the need for the physical presence of the parties or of their representatives, if 
applicable; and  

(f) 

the binding or non-binding nature of the outcome of the procedure. 

Each  competent  authority  shall  notify  the  list  to  the  Commission.  In  the  event  that 
any  changes  are  notified  to  the  competent  authority  in  accordance  with  the  second 
subparagraph of Article 16(1), the list shall be updated immediately and the relevant 
information notified to the Commission. 

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3. 

4. 

5. 

The  Commission  shall  establish  a  list  of  the  ADR  entities  communicated  to  it  in 
accordance with paragraph 2 and update this list whenever changes are notified to the 
Commission  in  accordance  with  the  second  sentence  of  the  third  subparagraph  of 
paragraph 2. The Commission shall publish this list and its updates and transmit it to 
the competent authorities and the Member States. 

Each competent authority shall publish the consolidated list of ADR entities referred 
to in paragraph 3 on its website and by any other means it considers appropriate. 

Every two years, each competent authority shall publish a report on the development 
and functioning of ADR entities. The report shall in particular: 

(a) 

identify  areas,  if  any,  where  ADR  procedures  do  not  yet  deal  with  disputes 
covered by this Directive; 

(b) 

identify best practices of ADR entities; 

(c)  point out the shortcomings, supported by statistics, that hinder the functioning 
of  ADR  entities  for  both  domestic  and  cross-border  disputes,  where 
appropriate;  

(d)  make  recommendations  on  how  to  improve  the  functioning  of  ADR  entities, 

where appropriate. 

CHAPTER V 
FINAL PROVISIONS 

Article 18 
Penalties 

Member  States  shall  lay  down  the  rules  on  penalties  applicable  to  infringements  of  the 
national provisions adopted pursuant to Article 10 and Article 16(1) and (2) of this Directive 
and  shall  take  all  measures  necessary  to  ensure  that  they  are  implemented.  The  penalties 
provided for must be effective, proportionate and dissuasive.  

Article 19 
Amendment to Regulation (EC) No 2006/2004  

In the Annex to Regulation (EC) No 2006/2004 the following point is added: 

"20.  Directive  ….  of  the  European  Parliament  and  of  the  Council  of  ….  on 
alternative dispute resolution for consumer disputes and amending Regulation 
(EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) 
(OJ L…, …., p. …): Article 10." 

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Article 20 
Amendment to Directive 2009/22/EC  

In the Annex to Directive 2009/22/EC the following point is added: 

"14.  Directive  ….  of  the  European  Parliament  and  of  the  Council  of  ….  on 
alternative dispute resolution for consumer disputes and amending Regulation 
(EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) 
(OJ L…, …., p. …): Article 10." 

Article 21 
Communication 

1. 

By  [Office  of  Publications  insert  same  date  as  in  Article  22(1)  =  date  of 
implementation  of  the  Directive]  at  the  latest  Member  States  shall  communicate  to 
the Commission  

2. 

3. 

1. 

(a)  where  appropriate,  the  names  and  contact  details  of  the  bodies  designated  in 

accordance with Article 11(2); and 

(b) 

the competent authorities designated in accordance with Article 15(1). 

Member  States  shall  inform  the  Commission  of  any  subsequent  changes  to  this 
information. 

By [Office of Publications insert date: six months after the implementation date as to 
be  inserted  in  Article  22(1)]  at  the  latest,  Member  States  shall  communicate  to  the 
Commission the first list referred to in Article 17(2). 

The Commission shall transmit to the Member States the information referred to in 
paragraph 1(a). 

Article 22 
Transposition 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive by [Office of Publications insert 
date:  18  months  after  entry  into  force]  at  the  latest.  They  shall  forthwith 
communicate to the Commission the text of those provisions and a correlation table 
between those provisions and this Directive. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

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Article 23 
Report 

No  later  than  [Office  of  Publications  insert  date:  five  years  after  the  entry  into  force],  and 
every  three  years  thereafter,  the  Commission  shall  submit  to  the  European  Parliament,  the 
Council and the European Economic and Social Committee a report on the application of this 
Directive.  The  report  shall  consider  the  development  and  the  use  of  ADR  entities  and  the 
impact  of  this  Directive  on  consumers  and  traders.  The  report  shall  be  accompanied,  where 
appropriate, by proposals for amendment of this Directive. 

Article 24 
Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 25 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX 

1. 

2. 

3. 

4. 

5. 

Directive  2002/65/EC  of  the  European  Parliament  and  of  the  Council  of 
23 September 2002 concerning the distance marketing of consumer financial services 
and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC 
(Article 14(1)), OJ L 271, 9.10.2002, p. 16. 

Directive 2008/122/EC of the European Parliament and of the Council of 14 January 
2009 on the protection of consumers in respect of certain aspects of timeshare, long-
term  holiday  product,  resale  and  exchange  contracts  (Article  14(2)),  OJ  L  33, 
3.2.2009, p. 10. 

Directive  2004/39/EC  of  the  European  Parliament  and  of  the  Council  of  21  April 
2004 on markets in financial instruments amending Council Directives 85/611/EEC 
and  93/6/EEC  and  Directive  2000/12/EC  of  the  European  Parliament  and  of  the 
Council  and  repealing  Council  Directive  93/22/EEC  (Article  53(1)),  OJ  L  145, 
30.4.2004, p. 1. 

Directive 2002/92/EC of the European Parliament and of the Council of 9 December 
2002 on insurance mediation (Article 11(1)), OJ L 9, 15.1.2003, p. 3. 

Directive 97/67/EC of the European Parliament and of the Council of 15 December 
1997  on  common  rules  for  the  development  of  the  internal  market  of  Community 
postal services (Article 19(1), third subparagraph), OJ L 52, 27.2.2008, p. 3. 

EN 

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