2005/752/EC: Commission Decision of 24 October 2005 establishing an expert group on electronic commerce
Date: 2005-10-24
Institutions: European Commission
Subjects: EU body, electronic commerce, operation of the Institutions, rules of procedure

L 282/20

EN

Official Journal of the European Union

26.10.2005

COMMISSION DECISION

of 24 October 2005

establishing an expert group on electronic commerce

(2005/752/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Whereas:

(1)

(2)

(3)

In the framework of the Directive 2000/31/EC of the
the Council of 8 June
European Parliament and of
information society
2000 on certain legal aspects of
services,
in the
commerce,
electronic
in particular
Internal Market (Directive on electronic commerce) (1),
the Member States were asked to appoint one or
several national contact points to enhance cooperation
with other Member States (Article 19.2 of the Directive).

on

the

First Report

application
Thereafter,
the
commerce
of Directive 2000/31/EC on electronic
(COM(2003) 702 final of 21 November 2003)
in
chapter seven envisaged that the Commission will now
‘focus on ensuring the practical functioning of adminis-
trative cooperation and the continuous exchange of
information between the Commission and the Member
States themselves’.

Moreover, it is useful to give Member States the possi-
bility to discuss problems in the application of
the
Directive on electronic commerce and emerging issues
in the area of electronic commerce. It is also important
to encourage and facilitate cooperation between them
thus
and the Commission. The Expert Group will
forum to exchange views on the
provide a useful
implementation
practical
the
Directive,
including information on codes of conduct
drawn up by consumer and professional associations,
codes of conduct on on-line advertising by regulated
professions; national case law, especially related to the
liability provisions; new developments mentioned in
Article 21 of
liability of
providers of hyperlinks and location tool services and
‘notice and take down’ procedures; and to discuss the
possible scope of the subsequent evaluation reports on
the application of the Directive on electronic commerce.

the Directive,

application

such as

and

of

of

protection

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 Regu-
lation on consumer protection cooperation) (2) estab-
lishes a network of public authorities responsible for
interests,
consumers
the
partially harmonises their investigation and enforcement
powers and provides mutual assistance arrangements
between them. The provisions of Directive 2000/31/EC
that protect consumers' economic interests enter within
the scope of the Regulation. It is appropriate that the
Committee set up for the implementation of Regulation
(EC) No 2006/2004 regularly informs the Expert group
on electronic commerce about its activities which may be
relevant for the latter,

economic

HAS DECIDED AS FOLLOWS:

Article 1

An expert group on electronic commerce (hereinafter referred
to as the Group) is established.

Article 2

Mission

The Commission can consult
the Group on any questions
relating to the directive on electronic commerce. This covers,
among others, the following areas:

— administrative cooperation in the context of Article 3(4) to
(6) procedure to restrict the freedom to provide services
against a given information society service provider,

— information on codes of conduct drawn up at Community
level by trade, professional and consumer associations or
organisations, designed to contribute to the proper imple-
mentation of Articles 5 to 15 of the Directive (Article 16 of
the Directive),

— codes of conduct on on-line advertising by regulated

professions (Article 8 of the Directive),

— national

case

liability
provisions,
taken in out-of-court
decisions
dispute settlement (Articles 17 and 19(5) of the Directive),

law,
including

related to the

especially

(1) OJ L 178, 17.7.2000, p. 1.

(2) OJ L 364, 9.12.2004, p. 1.

26.10.2005

EN

Official Journal of the European Union

L 282/21

— areas currently outside the scope of the liability section of
‘notice
the Directive but referred to in Article 21, such as:
and take down’ procedures, hyperlinks and search engines,

The Commission may invite experts and observers with specific
knowledge to participate in the work of the Group and/or of
the working groups.

— scope of the subsequent evaluation reports on the appli-
cation of the Directive on electronic commerce (Article 21
of the Directive).

Information obtained during the works of the group or of the
sub-groups may not be disseminated if the Commission is of
the opinion they are confidential.

The chairman of the Group may suggest that the Commission
consults the Group on any related matter.

The expert group on electronic commerce shall adopt agreed
rules of procedure on the basis of a model adopted by the
Commission (Annex III of SEC(2005) 1004).

Administrative cooperation matters that also fall within the
scope of Regulation (EC) No 2006/2004 concerning the
provisions of Directive 2000/31/EC that protect consumers'
interests should also be dealt with by the Committee set up
for the implementation of Regulation (EC) No 2006/2004. The
latter will regularly keep the Expert Group informed.

Article 3

Composition — nomination

1.
The members of the group should be national contact
points appointed under Article 19(2) of the Directive on elec-
tronic commerce (one member per Member State) and repre-
sentatives of the Commission.

2.
The Group comprises the number of members corre-
sponding to the number of Member States of the European
Community and representatives of the Commission.

3. Members remain in function until their replacement or
until the end of their mandate.

4. Members who are not capable anymore to contribute
efficiently to the works of the group, who resign or who do
not respect the conditions outlined under Article 3(1) or Article
287 of the Treaty, may be replaced by an alternative Member,
for the remaining duration of their mandate.

Article 5

Meetings

The Group and the sub-groups shall normally meet at
Commission premises,
timetable determined by the Commission.

the
in the form and according to the

the Group shall be provided by the
The Secretariat of
Commission.
Interested staff members from the Commission
may be present at meetings of the Group and of the working
groups and may take part in the debates.

The Commission may publish on the Internet, in the original
language of the document concerned, any conclusion, summary,
part conclusion or working paper relating to the Group or its
working groups.

Article 6

Meeting expenses

Travel and subsistence expenses incurred by members, observers
and experts, in connection with the activities of the Group, shall
be reimbursed by the Commission in accordance with the
provisions in force within the Commission. Their functions
shall not be remunerated.

Article 7

Entry into force

Article 4

Functioning

This decision shall apply from the day of its publication in the
Official Journal of the European Union.

The Group shall be chaired by a representative of
Commission.

the

Done at Brussels, 24 October 2005.

in agreement with the Commission, may set up
The Group,
working groups to study specific subjects on the basis of a
mandate. The working groups will be dissolved as soon as
their mandates are fulfilled.

For the Commission

Charlie McCREEVY
Member of the Commission