Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws
Date: 2011-01-03
Institutions: European Commission
Subjects: administrative cooperation, application of EU law, confidentiality, consumer protection, data protection, exchange of information

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EUROPEAN COMMISSION 

Brussels, 3.1.2011 
COM(2010) 791 final 

2011/0001 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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

(Text with EEA relevance) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Grounds for and objectives of the proposal 

The overall goals of the proposed amending regulation are to ensure that 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  (the  Regulation  on  consumer  protection  cooperation)1  remains  efficient  and 
continues to guarantee that there is no discrimination between intra-EU and national 
transactions  as  to  the  effectiveness  and  efficiency  with  which  infringements  are 
pursued by the competent national authorities. To achieve these goals, the proposed 
amending regulation has as its objective to update the contents of the Annex to the 
Regulation  on  consumer  protection  cooperation  to  reflect  recent  legislative 
developments in the field of consumer protection. 

1.2. 

General context  

The need for a legal instrument was first identified in the 2001 Green Paper on EU 
Consumer  protection2,  which  identified  a  gap  in  the  enforcement  of  consumer 
protection laws relating to consumers' economic interests in the internal market. The 
Commission presented a communication3 on the follow-up of the Green Paper, and 
after further  consultation of the  national governments and taking  into consideration 
the  Council  resolution  of  2  December  20024  as  well  as  the  resolutions  of  the 
European  Parliament5,  it  presented  a  proposal  for  the  Regulation  on  consumer 
protection  cooperation6.  The  Council  and  the  European  Parliament  adopted  the 
Regulation  in  accordance  with  the  procedure  in  Article  251  EC7  on  27th  October 
2004. The Regulation has been applicable as of 29th December 2005. 

The  Regulation  on  consumer  protection  cooperation  aims  to  abolish  the  barriers  to 
cross-border  cooperation  between  public  enforcement  authorities 
to  detect, 
investigate and bring about the cessation or prohibition of intra-EU infringements of 
the laws which protect consumers' interests to ensure the effective functioning of the 
internal  market.  The  Regulation  achieves  this  aim  by  creating  an  enforcement 
cooperation network between the public enforcement authorities and thus increasing 

1 
2 
3 
4 

5 

6 
7 

OJ L 364, 9.12.2004, p. 1. 
COM(2001) 531 final. 
COM(2002) 289 final. 
Council Resolution of 2 December 2002 on Community consumer policy strategy 2002-2006 OJ C11 of 
17.1.2003, p. 1. 
European Parliament resolution on the implications of the Commission Green Paper on European Union 
Consumer  Protection  for  the  future  of  EU  consumer  policy  (COM(2001)  531  -  C5-0295/2002  - 
2002/2151(COS)), European Parliament resolution on prospects for legal protection of the consumer in 
the light of the Commission Green Paper on European Union Consumer Protection (COM(2001) 531 - 
C5-0294/2002 - 2002/2150(COS)), European Parliament resolution on the Commission communication 
to the European Parliament, the Council, the Economic and Social Committee and the Committee of the 
Regions  on 
- 
2002/2173(COS)). 
COM(2003) 443 final. 
Article 294 TFEU. 

'Consumer  Policy  Strategy  2002-2006' 

(COM(2002)  208 

-  C5-0329/2002 

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consumer  confidence  in  taking  up  cross-border  offers,  and  preventing  sellers  and 
suppliers  from  evading  enforcement  to  the  competitive  detriment  of  law-abiding 
sellers and suppliers.  

The  network  established  by  the  Regulation  on  consumer  protection  cooperation 
monitors and enforces legislation which protects consumers' interests. The legislation 
which  falls  into  the  scope  of  the  network  is  listed  in  the  Annex  referred  to  in 
Article 3(a)  of  the  Regulation  on  consumer  protection  cooperation.  It  is  therefore 
appropriate to ensure that the Annex reflects the developments of the EU legislative 
body on consumer protection. 

1.3. 

Any existing provisions in the area of the proposal 

The objective of this proposal is to amend the Annex to the Regulation on consumer 
protection cooperation. 

1.4. 

Consistency with other policies and objectives of the EU 

The  proposed  amending  Regulation  will  update  the  scope  of  the  national 
enforcement  authorities'  cross-border  cooperation  to  reflect  recent  developments  of 
the  EU  legislative  body  on  consumer  protection.  It  therefore  complements  existing 
EU law in the field of consumer protection. 

2. 

IMPACT ASSESSMENT 

Since the proposed amending Regulation does not have significant economic, social 
and environmental impacts, an impact assessment is not necessary.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Legal base 

Article  95  EC8  was  chosen  as  the  legal  base  for  the  Regulation  on  consumer 
protection  cooperation  based  upon  the  aims  and  objectives  pursued  by  the 
Regulation.  In  particular  its  aim  to  efficiently  and  effectively  tackle  cross-border 
rogue  traders  which  disrupt  the  smooth  functioning  of  the  internal  market  and  thus 
make a contribution to the removal of distortions of competition and the elimination 
of internal market obstacles. 

The  proposed  amending  Regulation  seeks  to  preserve  the  effectiveness  and 
efficiency  of  the  cross-border  enforcement  activities  of  the  consumer  protection 
cooperation  network  by  amending  the  Annex  to  the  Regulation  on  consumer 
protection  cooperation,  and  thus  ensure  that  the  scope  of  the  cross-border 
cooperation  remains  relevant.  The  proposed  amending  Regulation 
therefore 
contributes  to  the  same  aims  and  objectives  as  the  Regulation  on  consumer 
protection cooperation, and Article 114 TFEU remains unchanged as the legal base.  

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Article 114 TFEU. 

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3.2. 

Subsidiary and proportionality principles 

The proposed action entails amendment of the existing EU regulatory framework and 
thus  concerns  an  area  in  which  the  EU  has  already  exercised  its  competence.  The 
proposal  therefore  complies  with  the  subsidiary  principle  as  set  out  in  Article  5 
TEU9. 

In accordance with the principle of proportionality, as set out in Article 5 TEU, the 
proposed  amending  Regulation  does  not  go  beyond  what  is  necessary  in  order  to 
achieve its objectives. 

3.3. 

Choice of instrument 

A  regulation  has  been  chosen,  as  the  measure  essentially  updates  the  scope  of  the 
arrangements  for  cooperation  between  public  authorities  of  direct  applicability  to 
reflect recent developments of the EU legislative body on consumer protection. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the EU budget. 

5. 

EUROPEAN ECONOMIC AREA 

The  proposed  amending  Regulation  concerns  an  EEA  matter  and  should  therefore 
extend to the European Economic Area.  

6. 

DETAILED EXPLANATION 

To  simplify  the  legislative  framework  in  the  field  of  consumer  protection,  the 
proposed amending Regulation will remove outdated provisions in the Annex to the 
Regulation  on  consumer  protection  cooperation  and  replace  some  of  them  with 
updated  references  to  new  legislation.  The  update  of  the  Annex  will  consist  of  the 
removal from the Annex of legislation which is not relevant for consumer protection 
cooperation  between  the  national  enforcement  authorities  and  the  updating  of 
references to old legislation which is no longer in force by references to the replacing 
legislation in the field of consumer protection.  

6.1. 

Removal 

6.1.1.  The Directive on misleading and comparative advertising 

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Council  Directive  84/450/EEC  of  10  September  1984  concerning  misleading 
and comparative advertising10 

Directive 84/450/EEC should be removed from the Annex to the Regulation on 
consumer  protection  cooperation  because  it  has  been  repealed  by  Directive 

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Ex Article 5 EC. 
OJ L 250, 19.9.1984, p. 17, as last amended by Directive 2005/29/EC, OJ L 149, 11.6.2005, p. 22. 

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2006/114/EC of the European Parliament and of the Council of 12 December 
2006  concerning  misleading  and  comparative  advertising11.  Directive 
2006/114/EC  does  not  aim  at  protecting  consumers'  interests  in  its  entirety, 
only with respect to comparative advertising. Therefore, only a reference to the 
Articles  on  comparative  advertising  of  Directive  2006/114/EC  should  be 
included in the Annex to the Regulation on consumer protection cooperation.  

• 

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 advertising12 

Directive  97/55/EC  is  an  amending  Directive  to  the  repealed  Directive 
84/450/EEC on misleading advertising and should therefore be removed from 
the Annex to the Regulation on consumer protection cooperation.  

6.2. 

Replacements 

6.2.1.  The Directive on consumer credit 

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Council Directive 87/102/EEC of 22 December 1986 for the approximation of 
the  laws,  regulations  and  administrative  provisions  of  the  Member  States 
concerning consumer credit13  

Directive  87/102/EEC  has  been  repealed  by  Directive  2008/48/EC  of  the 
European Parliament and of the Council of 23 April 2008 on credit agreements 
for  consumers  and  repealing  Council  Directive  87/102/EEC14.  It  should 
therefore  be  removed  from  the  Annex  to  the  Regulation  on  consumer 
protection cooperation. 

• 

Directive 2008/48/EC on credit agreements for consumers 

Directive 2008/48/EC on credit agreements for consumers should be included 
in the Annex to the Regulation on consumer protection cooperation since it is 
intended to replace Directive 87/102/EEC. 

6.2.2.  The Directive on audiovisual media services 

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Directive  89/552/EEC  of  the  European  Parliament  and  of  the  Council  of  3 
October  1989  on  the  coordination  of  certain  provisions  laid  down  by  law, 
regulation or administrative action in Member States concerning the provision 
of audiovisual media services15 

Directive  89/552/EEC  has  been  repealed  by  Directive  2010/13/EU  of  the 
European Parliament and of the Council of 10 March 2010 on the coordination 
of  certain  provisions  laid  down  by  law,  regulation  or  administrative  action  in 
Member  States  concerning  the  provision  of  audiovisual  media  services 

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14 
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OJ L 376, 27.12.2006, p. 21. 
OJ L 290, 23.10.1997, p. 18. 
OJ L 42, 12.2.1987, p. 48. 
OJ L 133, 22.5.2008, p. 66, as corrected by Corrigendum, OJ L 207, 11.8.2009, p. 14. 
OJ L 298, 17.10.1989, p. 23, as last amended by Directive 2007/65/EC, OJ L 332, 18.12.2007, p. 27. 

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(Audiovisual  Media  Services  Directive)16.  Directive  89/552/EEC  should 
therefore  be  removed  from  the  Annex  to  the  Regulation  on  consumer 
protection cooperation. 

• 

Directive 2010/13/EU (Audiovisual Media Services Directive)  

The relevant provisions of the Audiovisual Media Services Directive should be 
included  in  the  Annex  to  the  Regulation  on  consumer  protection  cooperation 
since this Directive is intended to replace Directive 89/552/EEC.  

6.2.3.  The Directive on timeshare 

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Directive  94/47/EC  of  the  European  Parliament  and  of  the  Council  of 
26 October 1994 on the protection of purchasers in respect of certain aspects of 
contracts relating to the purchase of the right to use immovable properties on a 
timeshare basis17 

Directive  94/47/EC  is  repealed  by  Directive  2008/122/EC  of  the  European 
Parliament  and  of  the  Council  of  14  January  2009  on  the  protection  of 
consumers  in  respect  of  certain  aspects  of  timeshare,  long-term  holiday 
product, resale and exchange contracts18. Directive 94/47/EC should therefore 
be  removed  from  the  Annex  of  the  Regulation  on  consumer  protection 
cooperation. 

• 

Directive  2008/122/EC  on  the  protection  of  consumers  in  respect  of  certain 
aspects of timeshare, long-term holiday product, resale and exchange contracts 

Directive 2008/122/EC should be included in the Annex to the Regulation on 
consumer  protection  cooperation  since  it  is  intended  to  replace  Directive 
94/47/EC. 

6.3. 

Corrections 

6.3.1.  The Directive on unfair terms in consumer contracts 

The  current  reference  in  the  Annex  to  the  Directive  on  unfair  terms  in  consumer 
contracts reads: 

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

Commission Decision 2002/995/EC does not amend the Directive on unfair terms in 
consumer contracts and the reference should be corrected.  

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OJ L 95, 15.4.2010, p. 1. 
OJ L 280, 29.10.1994, p. 83. 
OJ L 33, 3.2.2009, p. 10. 

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2011/0001 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 114 thereof, 

Having regard to the proposal from the European Commission19  

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee20, 

Having regard to the opinion of the Committee of the Regions21, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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Regulation (EC) No 2006/2004 of the European Parliament and of the Council22 lays 
down  the  conditions  under  which  the  competent  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 European Commission in order 
to  ensure  compliance  with  those  laws  and  the  smooth  functioning  of  the  internal 
market and in order to enhance the protection of consumers' economic interests. 

Article  3(a)  of  Regulation  (EC)  No  2006/2004  establishes  that  'the  laws  that  protect 
consumers' interests' means the Directives, as transposed into the Member States' legal 
order, and the Regulations listed in the Annex to that Regulation ('the Annex'). 

Several of the legislative acts listed in the Annex have meanwhile been repealed, and 
new legislation has been adopted. 

Council  Directive  84/450/EEC  of  10  September  1984  concerning  misleading  and 
comparative  advertising23  has  been  repealed  by  Directive  2006/114/EC  of  the 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 364, 9.12.2004, p. 1. 
OJ L 250, 19.9.1984, p. 17, as last amended by Directive 2005/29/EC, OJ L 149, 11.6.2005, p. 22. 

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European  Parliament  and  of  the  Council24.  The  reference  to  Directive  84/450/EEC 
should  therefore  be  removed  from  the  Annex.  It  is  furthermore  appropriate  to  only 
include  a  reference  to  the  specific  Articles  of  Directive  2006/114/EC  which  aim  at 
protecting consumers' interests in the Annex.  

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  advertising25  is  an  amending  Directive  to  the  repealed  Directive 
84/450/EEC. Hence, the reference to Directive 97/55/EC should be removed from the 
Annex. 

Council  Directive  87/102/EEC  of  22  December  1986  for  the  approximation  of  the 
laws,  regulations  and  administrative  provisions  of  the  Member  States  concerning 
consumer  credit26  has  been  repealed  and  replaced  by  Directive  2008/48/EC  of  the 
European  Parliament  and  of  the  Council  of  23  April  2008  on  credit  agreements  for 
consumers and repealing Council Directive 87/102/EEC27. Therefore, the reference to 
Directive  87/102/EEC  appearing  in  the  Annex  should  be  replaced  by  a  reference  to 
Directive 2008/48/EC. 

Directive  89/552/EEC  of  the  European  Parliament  and  of  the  Council  of  3 October 
1989  on  the  coordination  of  certain  provisions  laid  down  by  law,  regulation  or 
administrative action in Member States concerning the provision of audiovisual media 
services28  has  been  repealed  and  replaced  by  Directive  2010/13/EU  of  the  European 
Parliament and of the Council (Audiovisual Media Services Directive)29. Pursuant to 
Article 34 of Directive 2010/13/EU, references to Directive 89/552/EEC contained in 
the  Annex  to  Regulation  (EC)  No  2006/2004  are  to  be  construed  as  references  to 
Directive 2010/13/EU. It is however appropriate, for the sake of readability, to replace 
the  reference  to  Directive  89/552/EEC  appearing  in  the  Annex  by  a  reference  to  the 
relevant articles of Directive 2010/13/EU. 

Council Directive 93/13/EEC of 5 April 1993 on unfair terms  in  consumer  contracts 
was  not  amended  by  Commission  Decision  2002/995/EC  and  the  reference  to  that 
Decision should be deleted. 

Directive 94/47/EC of the European Parliament and of the Council of 26 October 1994 
on the protection of purchasers in respect of certain aspects of contracts relating to the 
purchase  of  the  right  to  use  immovable  properties  on  a  timeshare  basis30  has  been 
repealed  and  replaced  by  Directive  2008/122/EC  of  the  European  Parliament  and  of 
the  Council  of  14  January  2009  on  the  protection  of  consumers  in  respect  of  certain 
aspects  of  timeshare,  long-term  holiday  product,  resale  and  exchange  contracts31. 
Pursuant  to  Article  18  of  Directive  2008/122/EC,  references  to  Directive  94/47/EC 
contained  in  the  Annex  to  Regulation  (EC)  No  2006/2004  are  to  be  construed  as 
references to Directive 2008/122/EC. It is however appropriate, for sake of readability, 

OJ L 376, 27.12.2006, p. 21. 
OJ L 290, 23.10.1997, p. 18. 
OJ L 42, 12.2.1987, p. 48. 
OJ L 133, 22.5.2008, p. 66, as corrected by Corrigendum, OJ L 207, 11.8.2009, p. 14. 
OJ L 298, 17.10.1989, p. 23, as last amended by Directive 2007/65/EC, OJ L 332, 18.12.2007, p. 27. 
OJ L 95, 15.4.2010, p. 1. 
OJ L 280, 29.10.1994, p. 83. 
OJ L 33, 3.2.2009, p. 10. 

(5) 

(6) 

(7) 

(8) 

(9) 

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31 

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to replace the reference to Directive 94/47/EC appearing in the Annex by a reference 
to Directive 2008/122/EC. 

(10)  The Annex to Regulation (EC) No. 2006/2004 should be amended accordingly. 

(11)  Directive 87/102/EEC has been replaced by Directive 2008/48/EC whereas Directive 
2008/48/EC  does  not  expressly  state  that  references  to  the  repealed  Directive 
87/102/EEC are to be construed as references to Directive 2008/48/EC. For reasons of 
legal certainty, this Regulation should therefore enter into force as a matter of urgency.  

HAVE ADOPTED THIS REGULATION: 

The  Annex  to  Regulation  (EC)  No  2006/2004  is  amended  in  accordance  with  the  Annex  to 
this Regulation. 

Article 1 

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

Article 2 

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX  

The Annex to Regulation (EC) No 2006/2004 is amended as follows: 

(1) 

Footnote (1) is replaced by the following: 

"(1)  Directives No 6, 8 and 13 contain specific provisions." 

(2) 

Point 1 is replaced by the following: 

"1.  Directive  2006/114/EC  of  the  European  Parliament  and  of  the  Council  of 
12 December  2006  concerning  misleading  and  comparative  advertising  (OJ  L 
376, 27.12.2006, p. 21): Articles 1, 2 (c), 4, 5, 6, 7, 8." 

(3) 

Point 3 is replaced by the following: 

"3.  Directive  2008/48/EC  of  the  European  Parliament  and  of  the  Council  of 
23 April  2008  on  credit  agreements  for  consumers  and  repealing  Council 
Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66)." 

(4) 

Point 4 is replaced by the following: 

"4.  Directive  2010/13/EU  of  the  European  Parliament  and  of  the  Council  of 
10 March  2010  on  the  coordination  of  certain  provisions  laid  down  by  law, 
regulation or administrative action in Member States concerning the provision 
of  audiovisual  media  services  (Audiovisual  Media  Services  Directive)  (OJ  L 
95, 15.4.2010, p. 1): Articles 9, 10, 11 and 19 – 26." 

(5) 

Point 6 is replaced by the following: 

"6.  Council  Directive  93/13/EEC  of  5  April  1993  on  unfair  terms  in  consumer 

contracts (OJ L 95, 21.4.1993, p. 29)." 

(6) 

Point 7 is replaced by the following: 

"7.  Directive  2008/122/EC  of  the  European  Parliament  and  of  the  Council  of 
14 January 2009 on the protection of consumers in respect of certain aspects of 
timeshare, long-term holiday product, resale and exchange contracts (OJ L 33, 
3.2.2009, p. 10)." 

(7) 

Point 9 is deleted. 

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