(6)

Chapter 6 is replaced by the following: ‘6. CHAPTER 6 – COORDINATION OF MARKET SURVEILLANCE AND ENFORCEMENT ACTIVITIES 6.1. When applying Article 9(2) of Regulation (EC) No 2006/2004, the authorities who have agreed to coordinate their enforcement activities may decide on all the necessary steps to ensure adequate coordination and shall carry them out to the best of their abilities. 6.2. A competent authority may refuse to follow an invitation to participate in coordinated enforcement activities, following consultation with the inviting authority if: (a) judicial proceedings have already been initiated or a final judgment has already been passed in respect of the same intra-Community infringements and against the same sellers or suppliers before the judicial authorities in the Member State of the requested or applicant authority; (b) in its opinion, following appropriate investigation, it is not concerned by the intra-Community infringement. If a competent authority decides to decline an invitation to participate in coordinated enforcement activities it shall state the reasons of its decision. This point shall be without prejudice to the application of Articles 6 and 8 of Regulation (EC) No 2006/2004. 6.3. In order to fulfil their obligations pursuant to Article 9(2) of Regulation (EC) No 2006/2004, the competent authorities concerned may decide that one of them shall coordinate the enforcement action. The competent authorities, while taking into account the specific features of each case, shall in principle designate as coordinating authority the authority where the trader has its headquarters or main centre of activities, or where the greater number of consumers affected are located. 6.4. The Commission shall facilitate the coordination of activities pursuant to Article 9(1) and (2) of Regulation (EC) No 2006/2004 if invited. 6.5. The competent authority designated as coordinating authority pursuant to 6.3 shall at least be responsible for the following: (a) managing the communication between the authorities participating in the coordinated activities through appropriate means; (b) drafting a short summary report at the end of the coordinated activity when appropriate; (c) closing the coordinated enforcement activity in the database as soon as technically possible and in any case within 7 days after the last mutual assistance request issued between two competent authorities participating in coordinated enforcement activities is closed by the applicant authority concerned. The obligations of the coordinating authority shall not affect the information requirements incumbent upon the other participating competent authorities in accordance with Regulation (EC) No 2006/2004 and its implementing rules. 6.6. In addition to the information requirements required for mutual assistance pursuant to Articles 6, 7 and 8 of Regulation (EC) No 2006/2004, when a competent authority decides to invite other authorities to coordinate enforcement activities it shall provide at least the following information: (a) the details of the competent authority inviting to coordinate the enforcement activities; (b) the name of the seller or supplier; (c) the name of the product or service; (d) the classification code; (e) the advertising or sales medium involved; (f) the legal basis; (g) a short summary of the infringement; (h) a summary of the aims of the coordinated activities.’.