Verordening 2004/2006 - Samenwerking tussen de nationale instanties die verantwoordelijk zijn voor handhaving van de wetgeving inzake consumentenbescherming („verordening betreffende samenwerking met betrekking tot consumentenbescherming”) - Hoofdinhoud

Cooperation between EU countries for consumer protection

SUMMARY OF:

Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws

WHAT IS THE AIM OF THE REGULATION?

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  It sets up an EU-wide network of authorities responsible for monitoring the application of consumer protection laws.
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  It applies only to cross-border breaches of consumer law committed in the EU.
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  It will be repealed and replaced by Regulation (EU) 2017/2394 (Cooperation between national authorities on consumer protection laws) as of 17 January 2020.

KEY POINTS

Cooperation between authorities in EU countries

Each EU country designates the national authorities responsible for enforcing consumer protection laws which will join the enforcement cooperation network. In each country, a single liaison office ensures coordination between the national authorities.

The network enables national authorities to exchange information and cooperate with their counterparts in other EU countries to stop breaches of consumer law.

The regulation covers situations involving the collective interests of consumers and facilitates collaboration between authorities to stop to breaches of consumer law when the business and the consumer are located in different countries.

Decision 2007/76/EC contains requirements on information, for example the minimum information which must be included in mutual assistance* requests and in alerts, the time limits to be adhered to, access to information and the use of languages.

Cooperation between national authorities applies to consumer legislation covering, for example:

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  consumer rights in contracts concluded between consumers and traders;
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  unfair commercial practices;
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  unfair contract terms;
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  e-commerce;
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  geo-blocking;
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  package travel and linked travel arrangements;
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  timeshares;
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  consumer credit; and
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  air passenger rights.

Mutual assistance and EU activities

Each authority can request assistance from other network members to investigate and stop possible breaches of consumer rights.

Moreover, to put a stop to breaches that occur simultaneously in several or all EU countries, authorities may:

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  undertake joint actions such as ‘sweeps’ *, which entail EU-wide screening of websites from a specific sector (air tickets, guarantees of consumer electronic goods, travel booking, price transparency, etc.) under an annual operation led by the European Commission;
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  adopt, in cooperation with the Commission, joint approaches in applying consumer protection laws regarding a particular problem.

The first of these coordinated* covered in-app purchases in online games.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 29 December 2005 with the exception of the rules concerning mutual assistance which have applied since 29 December 2006.

BACKGROUND

For more information, see:

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  Enforcement of consumer protection (European Commission).

KEY TERMS

Mutual assistance a competent authority in a country where consumers’ rights are being breached can ask its counterpart in the country where the trader is based to provide information concerning an alleged breach or take action to stop this breach of law.

Sweep a set of checks carried out on websites simultaneously to identify breaches of EU consumer law in a particular sector. Sweeps are coordinated by the European Commission and are carried out simultaneously by national enforcement authorities in participating countries.

Coordinated actions a common approach of the national enforcement authorities to applying consumer protection law to tackle widespread European breaches of consumer law. The European Commission supports these actions.

MAIN DOCUMENT

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) (OJ L 364, 9.12.2004, pp. 1-11)

Successive amendments to Regulation (EC) No 2006/2004 have been incorporated into the original document. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, pp. 1-26)

See consolidated version.

Commission Decision 2007/76/EC of 22 December 2006 implementing Regulation (EC) No 2006/2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws as regards mutual assistance (OJ L 32, 6.2.2007, pp. 192-197)

See consolidated version.

last update 11.06.2019

Deze samenvatting is overgenomen van EUR-Lex.