# PSR Article 95 — ADR procedures

Textual state: amended_substantial. 135 words changed; 1 paragraph added

- Compared text: Council final compromise text (Council document 8221/26) — not yet law.
- Compared against: COM(2023) 367 final — superseded.
- Classification is mechanical; method: https://paymentslaw.eu/method/
- Editorial review state: not_assessed. Editor's notes are selective, not a complete assessment.

Word-level diff, proposal → compromise: `{+text+}` was inserted, `[-text-]` was deleted.

## Paragraph 1

1. Member States shall establish adequate, independent, impartial, transparent and effective ADR procedures for the settlement of disputes between payment service users and payment service providers concerning the rights and obligations under Titles II and III according to the relevant Union and national law in accordance with the quality requirements laid down in Directive 2013/11/EU of the European Parliament and the Council, using existing competent bodies where appropriate. ADR procedures shall be applicable to payment service providers. {+The first subparagraph and paragraph 1a are without prejudice to the right of the payment service user concerned to initiate proceedings to contest the disputed payment transaction by the payment service providers before a court in accordance with the applicable law.+}

## New paragraph 1a

{+1a. The participation of payment service providers in ADR procedures for consumers shall be mandatory, unless the Member State demonstrates to the Commission that other mechanisms are equally effective.+}

## Paragraph 2

2. The bodies referred to in paragraph 1 of this Article shall cooperate effectively for the resolution of cross-border disputes concerning the rights and obligations under Titles II and III.

## Paragraph 3

3. Member States shall designate a competent authority [-to accredit, monitor and publish the quality level -]{+in line with Article 18 +}of {+Directive 2013/11/EU which shall carry out +}the {+functions set out in Articles 19 and 20 of that Directive as regards +}ADR entity or entities on their territory to resolve disputes concerning rights and obligations under Titles II and [-III, in line with Article 18 -]{+III +}of [-Directive 2013/11/EU. -]{+this Regulation.+}

## Paragraph 4

4. Competent authorities, referred to in paragraph 3 shall notify ADR entity or entities in their territories to resolve disputes concerning rights and obligations under Titles II and III to the Commission, in line with Article 20 of Directive 2013/11/EU.

## Paragraph 5

5. The Commission shall make publicly available a list of the ADR entities notified to it in accordance with paragraph 4 and update that list whenever changes are communicated. {+Member States shall make publicly available a hyperlink to the website of the Commission containing the information referred to in the first subparagraph.+}