consumer protection cooperation regulation
This Regulation shall be without prejudice to Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests (9). Insert free text, CELEX number or descriptors. Information communicated under this Regulation may also be communicated to an authority of a third country by a competent 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 protection of individuals with regard to the processing of personal data. This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (8). 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 disputes, and should be encouraged to cooperate with competent authorities to enhance the application of this Regulation. The new CPC Regulation applies from 17 January 2020. National authorities in individual countries are responsible for the enforcement of EU consumer protection laws. Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation 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). This Regulation shall be binding in its entirety and directly applicable in all Member States. The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19(2). Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004, OJ L 345, 27.12.2017, p. 1. 4. Register now for more insights, news and events from across Osborne Clarke. This document explains how to use the Internal Market Information system (IMI) to send and manage External Alerts pursuant to the Consumer Protection Cooperation Regulation (EU) 2017/2394 (hereinafter “CPC Regulation”)1, including:  Creating an external alert (Chapter 3.1)  Sending the external alert (Chapter 3.2)  Following-up on the external alert (updating, correcting) (Chapter 3.3)  Withdrawing and closing the external alert (Chapter 3.4 … In order to comply with the Charter, takedowns and censorship powers would need legal accountability. There is no harmonisation of the limitation periods provided, but different limitation periods will be made available to competent authorities with the aim to improve coordination. How data and technology is changing the way we interact with city infrastructure and what it means for your business. 6. The database shall be made available for consultation only by the competent authorities. The Committee shall adopt its Rules of Procedure. 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). Fashion & Luxury Law Academy: Restructuring options in and outside insolvency proceedings – Whant are your options? 5. Arguably the existence of a requirement for these powers should mean that the UK provides for a legal framework to replace the current ad hoc arrangements. OC.TV Webinars | Digitalisation: The quantum computing cybersecurity threat, Quantum computing | Ground-breaking commercial opportunities from solving the (as yet) unsolvable, OC.TV Webinars | Digitalisation: Introduction to quantum technologies. The Commission will coordinate any necessary actions itself and liaise with the relevant national authorities where infringements affect at least two-thirds of Member States and two-thirds of the EU population. UK, Senior Associate, Advocaat, - to remove content or restrict access to an online interface or to order the explicit display of a warning to consumers when accessing the online interface; - to order a hosting service provider to remove, disable or restrict the access to an online interface; or - where appropriate, order domain registries or registrars to delete a fully qualified domain name and allow the competent authority concerned to register it; [6]. Content is available under Licensed under a Creative Commons Attribution-Share Alike 2.0 UK: England & Wales License unless otherwise noted. The Consumer Protection Cooperation (CPC) Regulation (EU 2017/2394) came into force on 17 January 2020, replacing the CPC Regulation of 2006 (No 2006/2004). shall be confidential and be covered by the obligation of professional 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. 0000008319 00000 n 2. Authorities should now be able to act faster, save costs and operate via a single coordinated procedure. The new Consumer Protection Cooperation Regulation is a replacement of the previous 2004 regulations. 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). 0000046976 00000 n The CPC Regulation lays down a framework to strengthen the powers of national authorities to enforce consumer protection law and to cooperate with their counterparts in the EU. 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. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof. Each competent authority shall make known to the general public the rights and responsibilities it has been granted under this Regulation and shall designate the competent officials. The revised CPC Regulation provides for the right to take action against previous infringements (subject to a limitation period of five years) and introduces the following two categories of infringements to allow for a more effective response from national authorities: Even if an infringement of consumer law does not meet either of these two categories, Member States are still free to request assistance from other Member States based on the mutual assistance mechanism (as introduced by the CPC Regulation of 2006 and adopted in the revised CPC Regulation). 0000001952 00000 n The powers set out in Article 8 shall be exercised either: (4)  OJ L 281, 23.11.1995, p. 31. The OCV member firms are all separate legal entities and have no authority to obligate or bind each other or OCV with regard to third parties. Investigation and enforcement measure adopted in application of this Regulation shall be adequate to the nature and the overall actual or potential harm of the infringement. The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19(2). 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). any new information about the organisation, powers, resources or responsibilities of the competent authorities; 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; any information on enforcement techniques that have proved their effectiveness; summary statistics relating to the activities of competent authorities, such as actions under this Regulation, complaints received, enforcement actions and judgments; summaries of significant national interpretative judgments in the laws that protect consumers' interests; any other information relevant to the application of this Regulation. 1. The applicant authority shall ensure that all requests for 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.


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