Guidelines and Procedures for Nominating Alternative Dispute Resolution Bodies

Background

European Commission Recommendation 1998/257/EC (PDF, 41KB) identifies a set of principles which bodies responsible for out-of-court settlement of consumer disputes should follow in order to ensure a common minimum standard across the EU. Member States have been asked to notify the Commission of such procedures meeting the common principles for inclusion in its database of notified out-of-court bodies (with whom Centres from the European Consumer Centre Network liaise on behalf of consumers). The European Consumer Centre Network (ECC) is a network of contact points, established by the European Commission together with Member States, which, amongst other functions, provides consumers with information on available Alternate Dispute Resolution schemes, as well as legal advice and practical help in pursuing a complaint by this means.

The Competition and Consumer Policy Section of the Department of Jobs, Enterprise and Innovation is responsible for notifying out-of-court bodies in Ireland to the Commission for inclusion in its database.

Applications

Any out-of-court/ADR body which, having examined the European Commission Recommendation, considers it could qualify for notification should complete the Department’s application form for Recommendation 98/257/EC and submit same to the Dispute Resolution Adviser, European Consumer Centre, MACRO Centre, 1 Green St., Dublin 7

Processing of Applications

In examining an application the Department is seeking to satisfy itself that the body in question is in conformity with the European Commission’s Recommendation and provides parties to a dispute with a minimum number of quality guarantees in line with an Adversarial principle as well as principles of Independence, Transparency, Effectiveness, Legality, Liberty and Representation. To this end, the Department has drawn up a Review form for Recommendation 98/257/EC which it uses in examining applications.

1. The application form is submitted, in the first instance, to the European Consumer Centre, Dublin. The Dispute Resolution Adviser examines the application, using the Department’s Review form, to check that all the necessary information has been provided. The Dispute Resolution Adviser liaises with the applicant to ensure that sufficient information is provided. When the Dispute Resolution Adviser is satisfied that the body has established that it is in conformity with the Recommendation, she/he forwards the application to the Department and recommends notification of the body to the European Commission.
2. An official in the Department’s Competition and Consumer Policy Section, at Executive Officer level or above, arranges for acknowledgement of receipt of the application to the European Consumer Centre, Dublin and proceeds to examine same using the Department's Review form for Recommendation 98/257/EC.
3. If the official requires further information or clarification she/he will seek same, in the first instance, from the Dispute Resolution Adviser.
4. The official may decide to seek a meeting with representatives of the body in question.
5. The official may consult/meet with other relevant Departments/Offices/bodies with regard to the application.
6. The official will submit a recommendation on the application to an officer at Higher Executive Officer level or above.
7. In cases where it is decided not to notify a body to the Commission, a letter, enclosing a copy of the Department’s completed Review Form, outlining this decision issues to the Dispute Resolution Adviser for onward transmission to the applicant body. The applicant body can continue to liaise with the Dispute Resolution Adviser and the Department to address any issues raised in the course of the application.
8. In cases where it is decided to notify a body to the Commission a letter outlining this decision issues to the body, to the Dispute Resolution Adviser and a letter notifying the body issues to the European Commission. Details regarding the body are provided in a standard format on the Competition and Consumer Policy Section webpage on the Department’s website.

Right of Appeal

There is no formal right of appeal with regard to the notification process. However if an applicant has any concerns regarding the Department’s processing of their application they may raise this with the relevant officials in Competition and Consumer Policy Section or use the Department’s complaints procedure. If an applicant has concerns regarding the Department’s interpretation of the principles outlined in the EC Recommendation they may again raise this with the relevant officials in Competition and Consumer Policy Section and/or the European Commission, Health and Consumer Protection Directorate General, B-1049 Brussels, Belgium.

Procedures in place following notification

1. If there are any changes to the contact details of a notified body or any of the other information pertaining to the body appearing on the European Commission’s Database of Notified Out-of-Court bodies, then the notified body must advise the Dispute Resolution Adviser of these changes as soon as possible so that this information can be forwarded to the European Commission via Competition and Consumer Policy Section.
2. Every year each notified body must forward 2 copies of its Annual Report, as soon as possible following publication, to the Dispute Resolution Adviser. The Dispute Resolution Adviser will review the Report in the light of the Principles in the Recommendation. If any issues arise with regard to conformity with the Recommendation the Dispute Resolution Adviser will liaise with the body in this regard. The Dispute Resolution Adviser will forward 1 copy of the Annual Report to the Competition and Consumer Policy Section and if any issues have arisen with regard to conformity with the Recommendation will bring these and the outcome of his/her contacts with the body in this regard to the Competition and Consumer Policy Section’s attention along with a recommendation on appropriate action. The Competition and Consumer Policy Section will examine the Annual Report, consider any issues raised by the Dispute Resolution Adviser and his/her recommendation, liaise with the Dispute Resolution Adviser and/or contact the relevant body, as deemed necessary, in order to decide on appropriate action.
3. At any point following notification if any situation arises which might result in a body being, even partially, out of conformity with the Recommendation, then the notified body should contact the Dispute Resolution Adviser providing details of such situation, the body’s perspective on same and remedial actions taken/to be taken, if relevant. The Dispute Resolution Adviser should then appraise the Department of the details in this regard and provide a recommendation on appropriate action.
4. The Dispute Resolution Adviser or any third party may provide information to the Competition and Consumer Policy Section regarding the conformity of a notified body with the Recommendation. Should this happen the Section would revert to any such notified body and provide them with an opportunity to express their opinion, provide explanations, etc.
5. It is open to any notified body to request its own removal from the European Commission database without providing a specific reason in this regard. This can be done by the body making such a request in writing to the Dispute Resolution Adviser, European Consumer Centre Dublin who will then pass this request to the Competition and Consumer Policy Section where an official will contact the European Commission to remove the body’s entry from their database.
6. Ultimately, the Section may warn and if necessary withdraw from the European Commission database any body which continually fails to comply with the principles for out of court bodies in the Recommendation, or which acts in a way which is detrimental to consumers’ interests.

Background

European Commission Recommendation 2001/310/EC (PDF, 119KB) identifies a set of principles which out-of-court bodies involved in the consensual resolution of consumer disputes should follow in order to ensure a common minimum standard across the EU. Member States have been asked to notify the Commission of such procedures meeting the common principles for inclusion in its database of notified out-of-court bodies (with whom Centres from the European Consumer Centre Network liaise on behalf of consumers). The European Consumer Centre Network (ECC) is a network of contact points, established by the European Commission together with Member States, which, amongst other functions, provides consumers with information on available Alternate Dispute Resolution schemes, as well as legal advice and practical help in pursuing a complaint by this means.

The Competition and Consumer Policy Section of the Department of Jobs, Enterprise and Innovation is responsible for notifying out-of-court bodies in Ireland to the Commission for inclusion in its database.

Applications

Any out-of-court/ADR body which, having examined the European Commission Recommendation, considers it could qualify for notification should complete the Department’s application form Recommendation 2001/310/EC and submit same to the Dispute Resolution Adviser, European Consumer Centre, MACRO Centre, 1 Green St., Dublin 7.

Processing of Applications

In examining an application the Department is seeking to satisfy itself that the body in question is in conformity with the European Commission’s Recommendation and provides parties to a dispute with a minimum number of quality guarantees such as Impartiality, Transparency, Effectiveness and Fairness. To this end, the Department has drawn up a Review form for Recommendation 2001/310/EC which it uses in examining applications.

1. The application form is submitted, in the first instance, to the European Consumer Centre, Dublin. The Dispute Resolution Adviser examines the application, using the Department’s Review form, to check that all the necessary information has been provided. The Dispute Resolution Adviser liaises with the applicant to ensure that sufficient information is provided. When the Dispute Resolution Adviser is satisfied that the body has established that it is in conformity with the Recommendation, she/he forwards the application to the Department and recommends notification of the body to the European Commission.
2. An official in the Department’s Competition and Consumer Policy Section, at Executive Officer level or above, arranges for acknowledgement of receipt of the application to the European Consumer Centre, Dublin and proceeds to examine same using the Department’s Review form for Recommendation 2001/310/EC.
3. If the official requires further information or clarification she/he will seek same, in the first instance, from the Dispute Resolution Adviser.
4. The official may decide to seek a meeting with representatives of the body in question.
5. The official may consult/meet with other relevant Departments/Offices/bodies with regard to the application.
6. The official will submit a recommendation on the application to an officer at Higher Executive Officer level or above.
7. In cases where it is decided not to notify a body to the Commission, a letter, enclosing a copy of the Department’s completed Review Form, outlining this decision issues to the Dispute Resolution Adviser for onward transmission to the applicant body. The applicant body can continue to liaise with the Dispute Resolution Adviser and the Department to address any issues raised in the course of the application.
8. In cases where it is decided to notify a body to the Commission a letter outlining this decision issues to the body, the Dispute Resolution Adviser and a letter notifying the body issues to the European Commission. Details regarding the body are provided in a standard format on the Competition and Consumer Policy Section webpage on the Department’s website.

Right of Appeal

There is no formal right of appeal with regard to the notification process. However if an applicant has any concerns regarding the Department’s processing of their application they may raise this with the relevant officials in Competition and Consumer Policy Section or use the Department’s complaints procedure. If an applicant has concerns regarding the Department’s interpretation of the principles outlined in the EC Recommendation they may again raise this with the relevant officials in Competition and Consumer Policy Section and/or the European Commission, Health and Consumer Protection Directorate General, B-1049 Brussels, Belgium.

Procedures in place following notification

1. If there are any changes to the contact details of a notified body or any of the other information pertaining to the body appearing on the European Commission’s Database of Notified Out-of-Court bodies, then the notified body must advise the Dispute Resolution Adviser of these changes as soon as possible so that this information can be forwarded to the European Commission via Competition and Consumer Policy Section.
2. On an annual basis following notification each notified body must forward 2 copies of its most up to date, publicly available information outlining the number and types of complaints it has received and their outcome; the time taken to resolve complaints; any systematic problems arising from complaints; and the compliance record, if known, of agreed solutions, to the Dispute Resolution Adviser. The Dispute Resolution Adviser will review the information in the light of the Principles in the Recommendation. If any issues arise with regard to conformity with the Recommendation the Dispute Resolution Adviser will liaise with the body in this regard. The Dispute Resolution Adviser will forward 1 copy of the information to the Competition and Consumer Policy Section and if any issues have arisen with regard to conformity with the Recommendation will bring these and the outcome of his/her contacts with the body in this regard to the Competition and Consumer Policy Section’s attention along with a recommendation on appropriate action. The Competition and Consumer Policy Section will examine the information, consider any issues raised by the Dispute Resolution Adviser and his/her recommendation, liaise with the Dispute Resolution Adviser and/or contact the relevant body, as deemed necessary, in order to decide on appropriate action.
3. At any point following notification if any situation arises which might result in a body being, even partially, out of conformity with the Recommendation, then the notified body should contact the Dispute Resolution Adviser providing details of such situation, the body’s perspective on same and remedial actions taken/to be taken, if relevant. The Dispute Resolution Adviser should then appraise the Department of the details in this regard and provide a recommendation on appropriate action.
4. The Dispute Resolution Adviser or any third party may provide information to the Competition and Consumer Policy Section regarding the conformity of a notified body with the Recommendation. Should this happen the Section would revert to any such notified body and provide them with an opportunity to express their opinion, provide explanations, etc.
5. It is open to any notified body to request its own removal from the European Commission database without providing a specific reason in this regard. This can be done by the body making such a request in writing to the Dispute Resolution Adviser, European Consumer Centre Dublin who will then pass this request to the Competition and Consumer Policy Section where an official will contact the European Commission to remove the body’s entry from their database.
6. Ultimately, the Section may warn and if necessary withdraw from the European Commission database any body which continually fails to comply with the principles for out of court bodies in the Recommendation, or which acts in a way which is detrimental to consumers’ interests.