2008/282/EC: Commission Decision of 17 March 2008 amending Decision 2007/76/EC 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 (notified under document number C(2008) 987) (Text with EEA relevance)
Date: 2008-03-17
Institutions: European Commission
Subjects: administrative cooperation, application of EU law, consumer protection, exchange of information, market supervision

L 89/26

EN

Official Journal of the European Union

1.4.2008

COMMISSION DECISION

of 17 March 2008

amending Decision 2007/76/EC 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

(notified under document number C(2008) 987)

(Text with EEA relevance)

(2008/282/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

The measures provided for
in this Decision are in
accordance with the opinion of the Committee set up
by Article 19(1) of Regulation (EC) No 2006/2004,

HAS ADOPTED THIS DECISION:

Article 1

In Decision 2007/76/EC the following Article is inserted after
Article 7:

‘Article 7a

Coordination of market surveillance and enforcement
activities

The principles governing the
coordination of market
surveillance and enforcement activities are laid down in
Chapter 6 of the Annex.’

Article 2

The Annex to Decision 2007/76/EC is amended in accordance
with the Annex to this Decision.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 17 March 2008.

For the Commission

Meglena KUNEVA
Member of the Commission

the
Having regard to Regulation (EC) No 2006/2004 of
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
cooperation) (1),
consumer
particular
Article 7(3), Article 8(7), Article 9(4) and Article 12(6) thereof,

protection

and

in

Whereas:

(1)

(2)

(3)

(4)

the Commission adopted
On 22 December 2006,
Decision 2007/76/EC implementing Regulation (EC) No
2006/2004 (2). That Decision lays down rules for the
implementation of Regulation (EC) No 2006/2004 as
regards mutual assistance between competent authorities
and the conditions governing that assistance.

Decision 2007/76/EC should be amended to specify the
information the authorities are obliged to supply and the
the enforcement
the notification of
time limit
measures taken as well as their effect after a request
for enforcement measures.

for

Decision 2007/76/EC should also be amended to specify
the information to be supplied for the notification of
enforcement measures or a request for mutual assistance
following the notification of an alert.

It is also appropriate to lay down the main principles
governing the coordination of market surveillance and
enforcement activities to ensure effective enforcement
throughout the Community.

(1) OJ L 364, 9.12.2004, p. 1. Regulation as last amended by Directive

2007/65/EC (OJ L 332, 18.12.2007, p. 27).

(2) OJ L 32, 6.2.2007, p. 192.

1.4.2008

EN

Official Journal of the European Union

L 89/27

ANNEX

The Annex to Decision 2007/76/EC is amended as follows:

1.

in point 1.1. (c), the following entries are added:

‘(viii) name of product or service,

(ix) COICOP code, [Classification of Individual Consumption According to Purpose (United Nations statistical

methodology, http://unstats.un.org/unsd/cr/registry/regcst.asp?Cl = 5)],

(x) Advertising and sales medium involved.’;

2. after point 1.3.4., the following point is inserted:

‘1.3.5. When an enforcement measure is taken, the requested authority shall notify, pursuant to Article 8(6) of
Regulation (EC) No 2006/2004, the measures taken, and the effect thereof on the intra-Community infringe-
ment to the Commission and to all the other competent authorities designated by Member States as being the
authorities responsible for the enforcement of the legislation that is subject to the infringement.

It shall provide, with the enforcement measures taken and the effect thereof on the intra-Community infrin-
gement, the following information:

(a)

the details of the requested and of the applicant competent authorities;

(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) the type of intra-Community infringement;

(h) the estimated number of consumers likely to be harmed and the estimated financial detriment.’;

3.

in point 2.1.5 the first sentence is replaced by the following:

‘2.1.5. The applicant authority shall request the Commission to remove the information from the database as soon as
technically possible and, in any case, not later than seven days after the closure of the case, if following a
request pursuant to Article 6 of the Regulation (EC) No 2006/2004:’;

4. after point 2.1.5 the following point is inserted:

‘2.1.6. The requested authority shall notify the Commission and the other competent authorities concerned of the
enforcement measures taken pursuant to Article 8(6) of Regulation (EC) No 2006/2004 as soon as this is
technically possible and in any case not later than seven days after the measures were taken.’;

5. the title of Chapter 3 shall be replaced by ‘Alerts’;

6.

in Chapter 3, the number ‘3.1.’ is added at the beginning of the text;

7.

in Chapter 3, the following points shall be inserted at the end of the existing text:

‘3.2. When a competent authority takes enforcement measures related to an alert, it shall, pursuant to Article 7(2) of
Regulation (EC) No 2006/2004, notify these measures to the Commission and to all the other competent
authorities designated by Member States as being the authorities responsible for the enforcement of the
legislation that is subject to the infringement.

L 89/28

EN

Official Journal of the European Union

1.4.2008

It shall provide, with the enforcement measures taken, the following information:

(a)

the details of the competent authority which has taken the measures;

(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) the type of intra-Community infringement;

(h) the estimated number of consumers likely to be harmed and the estimated financial detriment.

3.3. When a competent authority receives a request for mutual assistance related to an alert,

it shall notify the
request, identifying the type of request, to the Commission and to all the other competent authorities designated
by Member States as being the authorities responsible for the enforcement of the legislation that is subject to the
infringement.

It shall provide with the request received, the following information:

(a)

the details of the competent authority requesting mutual assistance;

(b) the name of the seller or supplier, if available;

(c)

the name of the product or service;

(d) the classification code;

(e)

the advertising or sales medium involved;

(f)

the legal basis;

(g) the type of intra-Community infringement;

(h) the estimated number of consumers likely to be harmed and the estimated financial detriment.’;

8. after Chapter 5, the following Chapter is added:

‘6.

CHAPTER 6 — COORDINATION OF MARKET SURVEILLANCE AND ENFORCEMENT ACTIVITIES

6.1.

In order to fulfil the obligation pursuant to Article 9(2) of Regulation (EC) No 2006/2004, all the competent
authorities concerned may decide that one of them will coordinate the enforcement action. The competent
authorities, while taking into account the specific features of each case, shall normally 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.

6.2. The Commission shall facilitate the coordination if invited to do so.’