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) (Text with EEA relevance)
Date: 2004-10-27
Institutions: Council of the European Union, European Parliament
Subjects: EU Member State, administrative cooperation, consumer protection, disclosure of information, single market

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I

(Acts whose publication is obligatory)

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)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

(1)

(2)

The Council Resolution of 8 July 1996 on cooperation
between administrations for the enforcement of legislation
on the internal market (3) acknowledged that a continuing
effort is required to improve cooperation between admin-
istrations and invited the Member States and the Commis-
sion to examine as a matter of priority the possibility of
reinforcing administrative cooperation in the enforcement
of legislation.

Existing national enforcement arrangements for the laws
that protect consumers’ interests are not adapted to the
challenges of enforcement in the internal market and effec-
tive and efficient enforcement cooperation in these cases is
not currently possible. These difficulties give rise to barri-
ers to cooperation between public enforcement authorities
to detect, investigate and bring about the cessation or

(1) OJ C 108, 30.4.2004, p. 86.
(2) Opinion of the European Parliament of 20 April 2004 (not yet pub-
lished in the Official Journal) and Council Decision of 7 October 2004.

(3) OJ C 224, 1.8.1996, p. 3.

prohibition of intra-Community infringements of the laws
that protect consumers’ interests. The resulting lack of
effective enforcement in cross-border cases enables sellers
and suppliers to evade enforcement attempts by relocating
within the Community. This gives rise to a distortion of
competition for law-abiding sellers and suppliers operat-
ing either domestically or cross-border. The difficulties of
enforcement in cross-border cases also undermine the con-
fidence of consumers in taking up cross-border offers and
hence their confidence in the internal market.

(3)

(4)

(5)

It is therefore appropriate to facilitate cooperation between
public authorities responsible for enforcement of the laws
that protect consumers’ interests in dealing with intra-
Community infringements, and to contribute to the
smooth functioning of the internal market, the quality and
consistency of enforcement of the laws that protect con-
sumers’ interests and the monitoring of the protection of
consumers’ economic interests.

Enforcement cooperation networks exist in Community
legislation, to protect consumers above and beyond their
economic interests, not least where health is concerned.
Best practice should be exchanged between the networks
established by this Regulation and these other networks.

The scope of the provisions on mutual assistance in this
Regulation should be limited to intra-Community infringe-
ments of Community legislation that protects consumers’
interests. The effectiveness with which infringements at
national level are pursued should ensure that there is no
discrimination between national and intra-Community
transactions. This Regulation does not affect the responsi-
bilities of the Commission with regard to infringements of
Community law by the Member States, nor does it confer
on the Commission powers to stop intra-Community
infringements defined in this Regulation.

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(6)

(7)

(8)

(9)

The protection of consumers from intra-Community
infringements requires the establishment of a network of
public enforcement authorities throughout the Commu-
nity and these authorities require a minimum of common
investigation and enforcement powers to apply this Regu-
lation effectively and to deter sellers or suppliers from
committing intra-Community infringements.

(11)

(12)

The ability of competent authorities to cooperate freely on
a reciprocal basis in exchanging information, detecting and
investigating intra-Community infringements and taking
action to bring about their cessation or prohibition is
essential to guaranteeing the smooth functioning of the
internal market and the protection of consumers.

It is appropriate to coordinate at Community level the
enforcement activities of the Member States in respect of
intra-Community infringements in order to improve the
application of this Regulation and contribute to raising the
standard and consistency of enforcement.

It is appropriate to coordinate at Community level the
administrative cooperation activities of the Member States,
in respect of their intra-Community dimension, in order to
improve the application of the laws that protect consum-
ers’ interests. This role has already been demonstrated in
the establishment of the European extra-judicial network.

Competent authorities should also make use of other pow-
ers or measures granted to them at national level, includ-
ing the power to initiate or refer matters for criminal pros-
ecution,
the cessation or
to bring about
prohibition of intra-Community infringements without
delay as a result of a request for mutual assistance, where
this is appropriate.

in order

Information exchanged between competent authorities
should be subject to the strictest guarantees of confidenti-
ality and professional secrecy in order to ensure investiga-
tions are not compromised or the reputation of sellers or
suppliers unfairly harmed. Directive 95/46/EC of the Euro-
pean Parliament and of the Council of 24 October 1995
on the protection of individuals with regard to the process-
ing of personal data and on the free movement of such
data (1) and Regulation (EC) No 45/2001 of the Euro-
pean Parliament and of the Council of 18 December 2000
on the protection of individuals with regard to the process-
ing of personal data by the Community institutions and
bodies and on the free movement of such data (2) should
apply in the context of this Regulation.

(13) Where the coordination of the activities of the Member
States under this Regulation entails Community financial
support, the decision to grant such support shall be taken
in accordance with the procedures set out in Decision
No 20/2004/EC of
the European Parliament and of
the Council of 8 December 2003 establishing a general
framework for financing Community actions in support of
consumer policy for the years 2004 to 2007 (3), in particu-
lar Actions 5 and 10 set out in the Annex to that Decision
and future Decisions.

(14)

Consumer organisations play an essential role in terms of
consumer information and education and in the protection
of consumer interests, including in the settlement of dis-
putes, and should be encouraged to cooperate with com-
petent authorities to enhance the application of this
Regulation.

(15)

The measures necessary for the implementation of this
Regulation should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers con-
ferred on the Commission (4).

(10)

The enforcement challenges that exist go beyond the fron-
tiers of the European Union and the interests of Commu-
nity consumers need to be protected from rogue traders
based in third countries. Hence, there is a need for inter-
national agreements to be negotiated with third countries
regarding mutual assistance in the enforcement of the laws
interests. These international
that protect consumers’
agreements should be negotiated at Community level in
the areas covered by this Regulation in order to ensure the
optimum protection of Community consumers and the
smooth functioning of enforcement cooperation with
third countries.

(16)

The effective monitoring of the application of this Regula-
tion and the effectiveness of consumer protection requires
regular reports from the Member States.

(17)

This Regulation respects the fundamental rights and
observes the principles recognised in particular by the
Charter of
the European
Union (5). Accordingly this Regulation should be inter-
preted and applied with respect to those rights and
principles.

Fundamental Rights of

(1) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC)

No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(2) OJ L 8, 12.1.2001, p. 1.

(4) OJ L 184, 17.7.1999, p. 23.
(5) OJ C 364, 18.12.2000, p. 1.

(3) OJ L 5, 9.1.2004, p. 1. Decision as amended by Decision

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(18)

Since the objective of this Regulation, namely cooperation
between national authorities responsible for the enforce-
ment of consumer protection law, cannot be sufficiently
achieved by the Member States because they cannot ensure
cooperation and coordination by acting alone, and can
therefore be better achieved at Community level, the Com-
munity may adopt measures, in accordance with the prin-
ciple of subsidiarity as set out
the
Treaty. In accordance with the principle of proportional-
ity, as set out in that Article, this Regulation does not go
beyond what is necessary in order to achieve that objective,

in Article 5 of

HAVE ADOPTED THIS REGULATION:

CHAPTER I

INTRODUCTORY PROVISIONS

Article 1

Objective

This Regulation lays down the conditions under which the com-
petent authorities in the Member States designated as responsible
for the enforcement of the laws that protect consumers’ interests
shall cooperate with each other and with the Commission in order
to ensure compliance with those laws and the smooth function-
ing of the internal market and in order to enhance the protection
of consumers’ economic interests.

Article 2

Scope

The provisions on mutual assistance set out in Chapters II

1.
and III shall cover intra-Community infringements.

2.
This Regulation shall be without prejudice to the Commu-
nity rules on private international law, in particular rules related
to court jurisdiction and applicable law.

3.
This Regulation shall be without prejudice to the applica-
tion in the Member States of measures relating to judicial coop-
eration in criminal and civil matters, in particular the operation
of the European Judicial Network.

This Regulation

to
5.
Directive 98/27/EC of the European Parliament and of the Coun-
cil of 19 May 1998 on injunctions for the protection of consum-
ers’ interests (1).

be without

prejudice

shall

6.
This Regulation shall be without prejudice to Community
law relating to the internal market, in particular those provisions
concerning the free movement of goods and services.

This Regulation shall be without prejudice to Community

7.
law relating to television broadcasting services.

Article 3

Definitions

For the purposes of this Regulation:

(a)

‘laws that protect consumers’ interests’ means the Directives
as transposed into the internal legal order of the Member
States and the Regulations listed in the Annex;

(b)

‘intra-Community infringement’ means any act or omission
contrary to the laws that protect consumers’ interests, as
defined in (a), that harms, or is likely to harm, the collec-
tive interests of consumers residing in a Member State or
Member States other than the Member State where the act or
omission originated or took place; or where the responsible
seller or supplier is established; or where evidence or assets
pertaining to the act or omission are to be found;

(c)

‘competent authority’ means any public authority established
either at national, regional or local level with specific respon-
sibilities to enforce the laws that protect consumers’ interests;

(d)

‘single liaison office’ means the public authority in each Mem-
ber State designated as responsible for coordinating the appli-
cation of this Regulation within that Member State;

(e)

‘competent official’ means an official of a competent author-
ity designated as responsible for the application of this
Regulation;

(f)

‘applicant authority’ means the competent authority that
makes a request for mutual assistance;

4.
This Regulation shall be without prejudice to the fulfilment
by the Member States of any additional obligations in relation to
mutual assistance on the protection of the collective economic
interests of consumers, including in criminal matters, ensuing
including bilateral or multilateral
from other
agreements.

legal acts,

(g)

‘requested authority’ means the competent authority that
receives a request for mutual assistance;

(1) OJ L 166, 11.6.1998, p. 51. Directive as last amended by

Directive 2002/65/EC (OJ L 271, 9.10.2002, p. 16).

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(h)

‘seller or supplier’ means any natural or legal person who, in
respect of the laws that protect consumers’ interests, is act-
ing for purposes relating to his trade, business, craft or
profession;

The powers referred to in paragraph 3 shall only be exer-
6.
cised where there is a reasonable suspicion of an intra-Community
infringement and shall include, at least, the right:

(i)

(j)

‘market surveillance activities’ means the actions of a compe-
tent authority designed to detect whether intra-Community
infringements have taken place within its territory;

‘consumer complaint’ means a statement, supported by rea-
sonable evidence, that a seller or supplier has committed, or
is likely to commit, an infringement of the laws that protect
consumers’ interests;

(k)

‘collective interests of consumers’ means the interests of a
number of consumers that have been harmed or are likely to
be harmed by an infringement.

Article 4

Competent authorities

1.
Each Member State shall designate the competent authori-
ties and a single liaison office responsible for the application of
this Regulation.

2.
Each Member State may, if necessary in order to fulfil its
obligations under this Regulation, designate other public authori-
ties. They may also designate bodies having a legitimate interest
in the cessation or prohibition of intra-Community infringements
in accordance with Article 8(3).

3.
Each competent authority shall, without prejudice to para-
graph 4, have the investigation and enforcement powers neces-
sary for the application of this Regulation and shall exercise them
in conformity with national law.

The competent authorities may exercise the powers referred

4.
to in paragraph 3 in conformity with national law either:

(a) directly under their own authority or under the supervision

of the judicial authorities; or

(b) by application to courts competent to grant the necessary
decision,
if the
application to grant the necessary decision is not successful.

including, where appropriate, by appeal,

(a)

to have access to any relevant document, in any form, related
to the intra-Community infringement;

(b)

to require the supply by any person of relevant information
related to the intra-Community infringement;

(c)

to carry out necessary on-site inspections;

(d)

to request in writing that the seller or supplier concerned
cease the intra-Community infringement;

(e)

to obtain from the seller or supplier responsible for intra-
Community infringements an undertaking to cease the intra-
Community infringement; and, where appropriate, to pub-
lish the resulting undertaking;

(f)

to require the cessation or prohibition of any intra-
Community infringement and, where appropriate, to publish
resulting decisions;

(g)

to require the losing defendant to make payments into the
public purse or to any beneficiary designated in or under
national legislation, in the event of failure to comply with the
decision.

7. Member States shall ensure that competent authorities have
adequate resources necessary for the application of this Regula-
tion. The competent officials shall observe professional standards
and be subject to appropriate internal procedures or rules of con-
duct that ensure, in particular, the protection of individuals with
regard to the processing of personal data, procedural fairness and
the proper observance of the confidentiality and professional
secrecy provisions established in Article 13.

Each competent authority shall make known to the general
8.
public the rights and responsibilities it has been granted under
this Regulation and shall designate the competent officials.

Article 5

Lists

5.
Insofar as competent authorities exercise their powers by
application to the courts in accordance with paragraph 4(b), those
courts shall be competent to grant the necessary decisions.

1.
Each Member State shall communicate to the Commission
and the other Member States the identities of the competent
authorities, of other public authorities and bodies having a legiti-
mate interest in the cessation or prohibition of intra-Community
infringements, and of the single liaison office.

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The Commission shall publish and update the list of single
2.
liaison offices and competent authorities in the Official Journal of
the European Union.

Article 8

Requests for enforcement measures

CHAPTER II

MUTUAL ASSISTANCE

1.
A requested authority shall, on request from an applicant
authority, take all necessary enforcement measures to bring about
the cessation or prohibition of the intra-Community infringement
without delay.

Article 6

Exchange of information on request

1.
A requested authority shall, on request from an applicant
authority, in accordance with Article 4, supply without delay any
relevant information required to establish whether an intra-
Community infringement has occurred or to establish whether
there is a reasonable suspicion it may occur.

2.
The requested authority shall undertake, if necessary with
the assistance of other public authorities, the appropriate investi-
gations or any other necessary or appropriate measures in accor-
dance with Article 4, in order to gather the required information.

3.
On request from the applicant authority, the requested
authority may permit a competent official of the applicant author-
ity to accompany the officials of the requested authority in the
course of their investigations.

2.
In order to fulfil its obligations under paragraph 1, the
requested authority shall exercise the powers set out under
Article 4(6) and any additional powers granted to it under national
law. The requested authority shall determine, if necessary with the
assistance of other public authorities, the enforcement measures
to be taken to bring about the cessation or prohibition of the
intra-Community infringement in a proportionate, efficient and
effective way.

The requested authority may also fulfil its obligations under
3.
paragraphs 1 and 2 by instructing a body designated in accor-
dance with the second sentence of Article 4(2) as having a legiti-
mate interest in the cessation or prohibition of intra-Community
infringements to take all necessary enforcement measures avail-
able to it under national law to bring about the cessation or pro-
hibition of the intra-Community infringement on behalf of the
requested authority. In the event of a failure by that body to bring
about the cessation or prohibition of the intra-Community
infringement without delay, the obligations of the requested
authority under paragraphs 1 and 2 shall remain.

4.
The measures necessary for the implementation of this
Article shall be adopted in accordance with the procedure referred
to in Article 19(2).

The requested authority may only take the measures set out
4.
in paragraph 3 if, after consultation with the applicant authority
on the use of these measures, both applicant and requested
authority are in agreement that:

Article 7

Exchange of information without request

— use of the measures in paragraph 3 is likely to bring about
the cessation or prohibition of the intra-Community infringe-
ment in at least equally efficient and effective a way as action
by the requested authority,

1. When a competent authority becomes aware of an intra-
Community infringement, or reasonably suspects that such an
infringement may occur, it shall notify the competent authorities
of other Member States and the Commission, supplying all nec-
essary information, without delay.

2. When a competent authority takes further enforcement
measures or receives requests for mutual assistance in relation to
the intra-Community infringement, it shall notify the competent
authorities of other Member States and the Commission.

3.
The measures necessary for the implementation of this
Article shall be adopted in accordance with the procedure referred
to in Article 19(2).

and

— the instruction of the body designated under national law
does not give rise to any disclosure to that body of informa-
tion protected under Article 13.

5.
If the applicant authority is of the opinion that the condi-
tions set out under paragraph 4 are not fulfilled, it shall inform
the requested authority in writing, setting out the grounds for its
opinion. If the applicant authority and the requested authority are
not in agreement, the requested authority may refer the matter to
the Commission, which shall issue an opinion in accordance with
the procedure referred to in Article 19(2).

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The requested authority may consult the applicant author-
6.
ity in the course of taking the enforcement measures referred to
in paragraphs 1 and 2. The requested authority shall notify with-
out delay the applicant authority, the competent authorities of
other Member States and the Commission of the measures taken
and the effect thereof on the intra-Community infringement,
including whether it has ceased.

The measures necessary for the implementation of this
7.
Article shall be adopted in accordance with the procedure referred
to in Article 19(2).

2. Where a competent authority establishes that a notification
of an intra-Community infringement made by it pursuant to
Article 7 has subsequently proved to be unfounded, it shall with-
draw the notification and the Commission shall without delay
remove the information from the database. Where a requested
authority notifies the Commission under Article 8(6) that an
intra-Community infringement has ceased, the stored data relat-
ing to the intra-Community infringement shall be deleted five
years after the notification.

3.
The measures necessary for the implementation of this
Article shall be adopted in accordance with the procedure referred
to in Article 19(2).

Article 9

Coordination of market surveillance and enforcement
activities

CHAPTER III

CONDITIONS GOVERNING MUTUAL ASSISTANCE

1.
Competent authorities shall coordinate their market surveil-
lance and enforcement activities. They shall exchange all informa-
tion necessary to achieve this.

2. When competent authorities become aware that an intra-
Community infringement harms the interests of consumers in
more than two Member States, the competent authorities con-
cerned shall coordinate their enforcement actions and requests for
mutual assistance via the single liaison office. In particular they
shall seek to conduct simultaneous investigations and enforce-
ment measures.

The competent authorities shall inform the Commission in
3.
advance of this coordination and may invite the officials and other
accompanying persons authorised by the Commission to
participate.

4.
The measures necessary for the implementation of this
Article shall be adopted in accordance with the procedure referred
to in Article 19(2).

Article 10

Database

The Commission shall maintain an electronic database in
1.
which it shall store and process the information it receives under
Articles 7, 8 and 9. The database shall be made available for con-
sultation only by the competent authorities. In relation to their
responsibilities to notify information for storage in the database
and the processing of personal data involved therein, the compe-
tent authorities shall be regarded as controllers in accordance with
Article 2(d) of Directive 95/46/EC. In relation to its responsibili-
ties under this Article and the processing of personal data involved
therein, the Commission shall be regarded as a controller in accor-
dance with Article 2(d) of Regulation (EC) No 45/2001.

Article 11

General responsibilities

1.
Competent authorities shall fulfil their obligations under
this Regulation as though acting on behalf of consumers in their
own country and on their own account or at the request of
another competent authority in their own country.

2. Member States shall take all necessary measures to ensure
effective coordination of the application of this Regulation by the
competent authorities, other public authorities, bodies having a
intra-
legitimate interest in the cessation or prohibition of
Community infringements designated by them and the compe-
tent courts, through the single liaison office.

3. Member States shall encourage cooperation between the
competent authorities and any other bodies having a legitimate
interest under national law in the cessation or prohibition of
intra-Community infringements to ensure that potential intra-
Community infringements are notified to competent authorities
without delay.

Article 12

Request for mutual assistance and information exchange
procedures

The applicant authority shall ensure that all requests for
1.
mutual assistance contain sufficient information to enable a
requested authority to fulfil the request, including any necessary
evidence obtainable only in the territory of
the applicant
authority.

2.
Requests shall be sent by the applicant authority to the
single liaison office of the requested authority, via the single liai-
son office of the applicant authority. Requests shall be forwarded
by the single liaison office of the requested authority to the appro-
priate competent authority without delay.

3.
Requests for assistance and all communication of informa-
tion shall be made in writing using a standard form and commu-
nicated electronically via the database established in Article 10.

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The languages used for requests and for the communication
4.
of information shall be agreed by the competent authorities in
question before requests have been made. If no agreement can be
reached, requests shall be communicated in the official
lan-
guage(s) of the Member State of the applicant authority and
responses in the official language(s) of the Member State of the
requested authority.

Information communicated as a result of a request shall be
5.
communicated directly to the applicant authority and simulta-
neously to the single liaison offices of the applicant and requested
authorities.

6.
The measures necessary for the implementation of this
Article shall be adopted in accordance with the procedure referred
to in Article 19(2).

Article 13

Use of information and protection of personal data and
professional and commercial secrecy

1.
Information communicated may only be used for the pur-
poses of ensuring compliance with the laws that protect consum-
ers’ interests.

2.
Competent authorities may invoke as evidence any infor-
mation, documents, findings, statements, certified true copies or
intelligence communicated, on the same basis as similar docu-
ments obtained in their own country.

Information communicated in any form to persons work-
3.
ing for competent authorities, courts, other public authorities and
the Commission, including information notified to the Commis-
sion and stored on the database referred to in Article 10, the dis-
closure of which would undermine:

— the protection of the privacy and the integrity of the indi-
vidual, in particular in accordance with Community legisla-
tion regarding the protection of personal data,

— the commercial interests of a natural or legal person, includ-

ing intellectual property,

— court proceedings and legal advice,

or

— the purpose of inspections or investigations,

For the purpose of applying this Regulation, Member States
4.
shall adopt the legislative measures necessary to restrict the rights
and obligations under Articles 10, 11 and 12 of Directive
95/46/EC as necessary to safeguard the interests referred to in
Article 13(1)(d) and (f) of that Directive. The Commission may
restrict the rights and obligations under Articles 4(1), 11, 12(1),
13 to 17 and 37(1) of Regulation (EC) No 45/2001 where such
restriction constitutes a necessary measure to safeguard the inter-
ests referred to in Article 20(1)(a) and (e) of that Regulation.

5.
The measures necessary for the implementation of this
Article shall be adopted in accordance with the procedure referred
to in Article 19(2).

Article 14

Information exchange with third countries

1. When a competent authority receives information from an
authority of a third country, it shall communicate the informa-
tion to the relevant competent authorities of other Member States,
insofar as it is permitted so to do by bilateral assistance agree-
ments with the third country and in accordance with Community
legislation regarding the protection of individuals with regard to
the processing of personal data.

2.
Information communicated under this Regulation may also
be communicated to an authority of a third country by a compe-
tent authority under a bilateral assistance agreement with the
third country, provided the consent of the competent authority
that originally communicated the information has been obtained
and in accordance with Community legislation regarding the pro-
tection of individuals with regard to the processing of personal
data.

Article 15

Conditions

1. Member States shall waive all claims for the reimbursement
of expenses incurred in applying this Regulation. However, the
Member State of the applicant authority shall remain liable to the
Member State of the requested authority for any costs and any
losses incurred as a result of measures held to be unfounded by a
court as far as the substance of the intra-Community infringement
is concerned.

2.
A requested authority may refuse to comply with a request
for enforcement measures under Article 8, following consultation
with the applicant authority, if:

shall be confidential and be covered by the obligation of profes-
sional secrecy, unless its disclosure is necessary to bring about the
cessation or prohibition of an intra-Community infringement and
the authority communicating the information consents to its
disclosure.

(a)

judicial proceedings have already been initiated or final judg-
ment 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;

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(b)

in its opinion, following appropriate investigation by the
requested authority, no intra-Community infringement has
taken place;

CHAPTER IV

COMMUNITY ACTIVITIES

or

Article 16

Enforcement coordination

(c)

in its opinion the applicant authority has not provided suffi-
cient information in accordance with Article 12(1) except
when the requested authority has already refused to comply
with a request under paragraph (3)(c) in relation to the same
intra-Community infringement.

1.
To the extent necessary to achieve the objectives of this
Regulation, Member States shall inform each other and the Com-
mission of their activities of Community interest in areas such as:

A requested authority may refuse to comply with a request

3.
for information under Article 6 if:

(a)

the training of their consumer protection enforcement offi-
cials, including language training and the organisation of
training seminars;

(a)

in its opinion, following consultation with the applicant
authority, the information requested is not required by the
applicant authority to establish whether an intra-Community
infringement has occurred or to establish whether there is a
reasonable suspicion it may occur;

(b)

the collection and classification of consumer complaints;

(c)

the development of sector-specific networks of competent
officials;

(b)

the applicant authority does not agree that the information
is subject to the provisions on confidentiality and profes-
sional secrecy set out in Article 13(3);

(d)

the development of information and communication tools;

or

(e)

the development of standards, methodologies and guidelines
for consumer protection enforcement officials;

(c)

criminal investigations or judicial proceedings have already
been initiated or 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.

A requested authority may decide not to comply with the
4.
obligations referred to in Article 7 if criminal investigations or
judicial proceedings have already been initiated or 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.

5.
The requested authority shall inform the applicant author-
ity and the Commission of the grounds for refusing to comply
with a request for assistance. The applicant authority may refer
the matter to the Commission which shall issue an opinion, in
accordance with the procedure referred to in Article 19(2).

6.
The measures necessary for the implementation of this
Article shall be adopted in accordance with the procedure referred
to in Article 19(2).

(f)

the exchange of their officials.

Member States may, in cooperation with the Commission, carry
out common activities in the areas referred to in (a) to (f). The
Member States shall,
in cooperation with the Commission,
develop a common framework for the classification of consumer
complaints.

2.
The competent authorities may exchange competent offi-
cials in order to improve cooperation. The competent authorities
shall take the necessary measures to enable exchanged competent
officials to play an effective part in activities of the competent
authority. To this end such officials shall be authorised to carry
out the duties entrusted to them by the host competent authority
in accordance with the laws of its Member State.

3.
During the exchange the civil and criminal liability of the
competent official shall be treated in the same way as that of the
officials of the host competent authority. Exchanged compe-
tent officials shall observe professional standards and be subject
to the appropriate internal rules of conduct of the host compe-
tent authority that ensure, in particular, the protection of indi-
viduals with regard to the processing of personal data, procedural
fairness and the proper observance of the confidentiality and pro-
fessional secrecy provisions established in Article 13.

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The Community measures necessary for the implementa-
4.
tion of this Article, including the arrangements for implementing
common activities, shall be adopted in accordance with the pro-
cedure referred to in Article 19(2).

Article 17

Administrative cooperation

CHAPTER V

FINAL PROVISIONS

Article 19

Committee procedure

1.

The Commission shall be assisted by a Committee.

1.
To the extent necessary to achieve the objectives of this
Regulation, Member States shall inform each other and the Com-
mission of their activities of Community interest in areas such as:

2. Where reference is made to this paragraph, Articles 5 and 7
of Decision 1999/468/EC shall apply, having regard to the pro-
visions of Article 8 thereof.

(a)

consumer information and advice;

(b)

support of the activities of consumer representatives;

(c)

support of the activities of bodies responsible for the extra-
judicial settlement of consumer disputes;

(d)

support of consumers’ access to justice;

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its Rules of Procedure.

Article 20

Committee tasks

1.
The Committee may examine all matters relating to the
application of this Regulation raised by its chairman, either on his
own initiative or at the request of the representative of a
Member State.

(e)

collection of statistics, the results of research or other infor-
mation relating to consumer behaviour, attitudes and
outcomes.

2.
In particular, it shall examine and evaluate how the arrange-
ments for cooperation provided for in this Regulation are
working.

Member States may, in cooperation with the Commission, carry
out common activities in the areas referred to in (a) to (e). The
Member States shall,
in cooperation with the Commission,
develop a common framework for the activities referred to in (e).

Article 21

Reports

2.
The Community measures necessary for the implementa-
tion of this Article, including the arrangements for implementing
common activities, shall be adopted in accordance with the pro-
cedure referred to in Article 19(2).

1. Member States shall communicate to the Commission the
text of any provisions of national law that they adopt, or of agree-
ments other than to deal with individual cases that they conclude,
on matters covered by this Regulation.

2.
Every two years from the date of entry into force of this
Regulation, the Member States shall report to the Commission on
the application of this Regulation. The Commission shall make
these reports publicly available.

Article 18

International agreements

3.

The reports shall address:

The Community shall cooperate with third countries and with the
competent international organisations in the areas covered by this
Regulation in order to enhance the protection of consumers’ eco-
nomic interests. The arrangements for cooperation, including the
establishment of mutual assistance arrangements, may be the sub-
ject of agreements between the Community and the third coun-
tries concerned.

(a) any new information about

the organisation, powers,

resources or responsibilities of the competent authorities;

(b) any information concerning trends, means or methods of
committing intra-Community infringements, particularly
those that have revealed shortcomings or lacunae in this
Regulation or in the laws that protect consumers’ interests;

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(c) any information on enforcement techniques that have proved

their effectiveness;

The Commission shall submit to the European Parliament
4.
and the Council a report on the application of this Regulation on
the basis of the reports of the Member States.

(d)

summary statistics relating to the activities of competent
authorities, such as actions under this Regulation, complaints
received, enforcement actions and judgments;

Article 22

Entry into force

(e)

summaries of significant national interpretative judgments in
the laws that protect consumers’ interests;

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

It shall apply from 29 December 2005.

(f)

any other information relevant to the application of this
Regulation.

The provisions on mutual assistance set out in Chapters II and III
shall apply from 29 December 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 27 October 2004.

For the European Parliament
The President
J. P. BORRELL FONTELLES

For the Council
The President
A. NICOLAÏ

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ANNEX

Directives and Regulations covered by Article 3(a) (1)

1.

2.

3.

4.

5.

6.

Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and admin-
istrative provisions of the Member States concerning misleading advertising (OJ L 250, 19.9.1984, p. 17). Directive as
last amended by Directive 97/55/EC of the European Parliament and of the Council (OJ L 290, 23.10.1997, p. 18).

Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away
from business premises (OJ L 372, 31.12.1985, p. 31).

Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administra-
tive provisions of the Member States concerning consumer credit (OJ L 42, 12.2.1987, p. 48). Directive as last amended
by Directive 98/7/EC of the European Parliament and of the Council (OJ L 101, 1.4.1998, p. 17).

Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regu-
lation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles
10 to 21 (OJ L 298, 17.10.1989, p. 23). Directive as last amended by Directive 97/36/EC of the European Parliament
and of the Council (OJ L 202, 30.7.1997, p. 60).

Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ L 158,
23.6.1990, p. 59).

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29). Direc-
tive as amended by Commission Decision 2002/995/EC (OJ L 353, 30.12.2002, p. 1).

7. Directive 94/47/EC of the European Parliament and of the Council of 26 October 1994 on the protection of purchas-
ers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a time-
share basis (OJ L 280, 29.10.1994, p. 83).

8. Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in
respect of distance contracts (OJ L 144, 4.6.1997, p. 19). Directive as amended by Directive 2002/65/EC (OJ L 271,
9.10.2002, p. 16).

9. Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997 amending Directive 84/450/EEC

concerning misleading advertising so as to include comparative advertising.

10. Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the

indication of the prices of products offered to consumers (OJ L 80, 18.3.1998, p. 27).

11. Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of

consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).

12. Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of infor-
mation society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)
(OJ L 178, 17.7.2000 p. 1).

13. Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code
relating to medicinal products for human use: Articles 86 to 100 (OJ L 311, 28.11.2001, p. 67). Directive as last
amended by Directive 2004/27/EC (OJ L 136, 30.4.2004, p. 34).

14. Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance

marketing of consumer financial services.

15. Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing com-
mon rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or
long delay of flights (OJ L 46, 17.2.2004, p. 1).

(1) Directives Nos 1, 6, 8 and 13 contain specific provisions.