What changed, Regulation (EC) No 2006/2004

+ ## CHAPTER I / INTRODUCTORY PROVISIONS
− ### art_1
+ ### Article 1 — Objective
− Article 1
+ ### Article 2 — Scope
− ### art_2
− 
− Article 2
+ ### Article 3 — Definitions
− ### art_3
− Article 3
− 
+ (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;
− | (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 collective interests of consumers residing in a Member State or Member States other than the Member State where the act or omi…
− | (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 collective interests of consumers residing in a Member State or Member States other than the Member State where the act or…
− | --- | --- |
+ (c) ‘competent authority’ means any public authority established either at national, regional or local level with specific responsibilities to enforce the laws that protect consumers' interests;
− | (c) | ‘competent authority’ means any public authority established either at national, regional or local level with specific responsibilities to enforce the laws that protect consumers' interests; |
− | --- | --- |
+ (d) ‘single liaison office’ means the public authority in each Member State designated as responsible for coordinating the application of this Regulation within that Member State;
− | (d) | ‘single liaison office’ means the public authority in each Member State designated as responsible for coordinating the application of this Regulation within that Member State; |
− | --- | --- |
+ (e) ‘competent official’ means an official of a competent authority designated as responsible for the application of this Regulation;
− | (e) | ‘competent official’ means an official of a competent authority designated as responsible for the application of this Regulation; |
− | --- | --- |
+ (f) ‘applicant authority’ means the competent authority that makes a request for mutual assistance;
− | (f) | ‘applicant authority’ means the competent authority that makes a request for mutual assistance; |
− | --- | --- |
+ (g) ‘requested authority’ means the competent authority that receives a request for mutual assistance;
− | (g) | ‘requested authority’ means the competent authority that receives a request for mutual assistance; |
− | --- | --- |
+ (h) ‘seller or supplier’ means any natural or legal person who, in respect of the laws that protect consumers' interests, is acting for purposes relating to his trade, business, craft or profession;
− | (h) | ‘seller or supplier’ means any natural or legal person who, in respect of the laws that protect consumers' interests, is acting for purposes relating to his trade, business, craft or profession; |
− | --- | --- |
+ (i) ‘market surveillance activities’ means the actions of a competent authority designed to detect whether intra-Community infringements have taken place within its territory;
− | (i) | ‘market surveillance activities’ means the actions of a competent authority designed to detect whether intra-Community infringements have taken place within its territory; |
− | --- | --- |
+ (j) ‘consumer complaint’ means a statement, supported by reasonable evidence, that a seller or supplier has committed, or is likely to commit, an infringement of the laws that protect consumers' interests;
− | (j) | ‘consumer complaint’ means a statement, supported by reasonable 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.
− | (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
− ### art_4
− 
− Article 4
+ (a) directly under their own authority or under the supervision of the judicial authorities; or
− | (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, including, where appropriate, by appeal, if the application to grant the necessary decision is not successful.
− | (b) | by application to courts competent to grant the necessary decision, including, where appropriate, by appeal, if the application to grant the necessary decision is not successful. |
− | --- | --- |
+ (a) to have access to any relevant document, in any form, related to the intra-Community infringement;
− | (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;
− | (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;
− | (c) | to carry out necessary on-site inspections; |
− | --- | --- |
+ (d) to request in writing that the seller or supplier concerned cease the intra-Community infringement;
− | (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 publish the resulting undertaking;
− | (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 publish the resulting undertaking; |
− | --- | --- |
+ (f) to require the cessation or prohibition of any intra-Community infringement and, where appropriate, to publish resulting decisions;
− | (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.
− | (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. |
− | --- | --- |
+ ### Article 5 — Lists
− ### art_5
− 
− Article 5
+ 2. The Commission shall publish and update the list of single liaison offices and competent authorities in the *Official Journal of the European Union*.
− 2. The Commission shall publish and update the list of single liaison offices and competent authorities in the Official Journal of the European Union.
+ ## CHAPTER II / MUTUAL ASSISTANCE
− ### art_6
+ ### Article 6 — Exchange of information on request
− Article 6
+ ### Article 7 — Exchange of information without request
− ### art_7
− 
− Article 7
+ ### Article 8 — Requests for enforcement measures
− ### art_8
− Article 8
− 
+ 
+ — use of the measures in paragraph 3 is likely to bring about the cessation or prohibition of the intra-Community infringement in at least equally efficient and effective a way as action by the requested authority,
+ — and
− | — | use of the measures in paragraph 3 is likely to bring about the cessation or prohibition of the intra-Community infringement in at least equally efficient and effective a way as action by the requested authority,and |
− | --- | --- |
+ — the instruction of the body designated under national law does not give rise to any disclosure to that body of information protected under Article 13.
− | — | the instruction of the body designated under national law does not give rise to any disclosure to that body of information protected under Article 13. |
− | --- | --- |
+ ### Article 9 — Coordination of market surveillance and enforcement activities
− ### art_9
− 
− Article 9
− 
− ### art_10
+ ### Article 10 — Database
− Article 10
+ ## CHAPTER III / CONDITIONS GOVERNING MUTUAL ASSISTANCE
− ### art_11
+ ### Article 11 — General responsibilities
− Article 11
+ ### Article 12 — Request for mutual assistance and information exchange procedures
− ### art_12
− Article 12
− 
+ ### Article 13 — Use of information and protection of personal data and professional and commercial secrecy
− ### art_13
− Article 13
− 
+ 
+ — the protection of the privacy and the integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data,
+ — the commercial interests of a natural or legal person, including intellectual property,
− | — | the protection of the privacy and the integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data, |
− | --- | --- |
+ — court proceedings and legal advice,
− | — | the commercial interests of a natural or legal person, including intellectual property, |
− | --- | --- |
+ — or
− | — | court proceedings and legal advice,or |
− | --- | --- |
+ — the purpose of inspections or investigations,
− | — | the purpose of inspections or investigations, |
− | --- | --- |
+ ### Article 14 — Information exchange with third countries
− ### art_14
− Article 14
− 
+ ### Article 15 — Conditions
− ### art_15
− 
− Article 15
+ 
+ (a) 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;
+ (b) in its opinion, following appropriate investigation by the requested authority, no intra-Community infringement has taken place;
− | (a) | 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; |
− | --- | --- |
+ or
− | (b) | in its opinion, following appropriate investigation by the requested authority, no intra-Community infringement has taken place;or |
− | --- | --- |
+ (c) in its opinion the applicant authority has not provided sufficient 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.
− | (c) | in its opinion the applicant authority has not provided sufficient 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. |
− | --- | --- |
+ 
+ (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 applicant authority does not agree that the information is subject to the provisions on confidentiality and professional secrecy set out in Article 13(3);
− | (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; |
− | --- | --- |
+ or
− | (b) | the applicant authority does not agree that the information is subject to the provisions on confidentiality and professional secrecy set out in Article 13(3);or |
− | --- | --- |
+ (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 a…
− | (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 applica…
− | --- | --- |
+ ## CHAPTER IV / COMMUNITY ACTIVITIES
− ### art_16
+ ### Article 16 — Enforcement coordination
− Article 16
+ (a) the training of their consumer protection enforcement officials, including language training and the organisation of training seminars;
− | (a) | the training of their consumer protection enforcement officials, including language training and the organisation of training seminars; |
− | --- | --- |
+ (b) the collection and classification of consumer complaints;
− | (b) | the collection and classification of consumer complaints; |
− | --- | --- |
+ (c) the development of sector-specific networks of competent officials;
− | (c) | the development of sector-specific networks of competent officials; |
− | --- | --- |
+ (d) the development of information and communication tools;
− | (d) | the development of information and communication tools; |
− | --- | --- |
+ (e) the development of standards, methodologies and guidelines for consumer protection enforcement officials;
− | (e) | the development of standards, methodologies and guidelines for consumer protection enforcement officials; |
− | --- | --- |
+ (f) the exchange of their officials.
− | (f) | the exchange of their officials. |
− | --- | --- |
− 
− ### art_17
+ ### Article 17 — Administrative cooperation
− Article 17
+ (a) consumer information and advice;
− | (a) | consumer information and advice; |
− | --- | --- |
+ (b) support of the activities of consumer representatives;
− | (b) | support of the activities of consumer representatives; |
− | --- | --- |
+ (c) support of the activities of bodies responsible for the extra-judicial settlement of consumer disputes;
− | (c) | support of the activities of bodies responsible for the extra-judicial settlement of consumer disputes; |
− | --- | --- |
+ (d) support of consumers' access to justice;
− | (d) | support of consumers' access to justice; |
− | --- | --- |
+ (e) collection of statistics, the results of research or other information relating to consumer behaviour, attitudes and outcomes.
− | (e) | collection of statistics, the results of research or other information relating to consumer behaviour, attitudes and outcomes. |
− | --- | --- |
− 
− ### art_18
+ ### Article 18 — International agreements
− Article 18
+ ## CHAPTER V / FINAL PROVISIONS
− ### art_19
+ ### Article 19 — Committee procedure
− Article 19
+ ### Article 20 — Committee tasks
− ### art_20
− Article 20
− 
+ ### Article 21 — Reports
− ### art_21
− 
− Article 21
+ (a) any new information about the organisation, powers, resources or responsibilities of the competent authorities;
− | (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;
− | (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; |
− | --- | --- |
+ (c) any information on enforcement techniques that have proved their effectiveness;
− | (c) | any information on enforcement techniques that have proved their effectiveness; |
− | --- | --- |
+ (d) summary statistics relating to the activities of competent authorities, such as actions under this Regulation, complaints received, enforcement actions and judgments;
− | (d) | summary statistics relating to the activities of competent authorities, such as actions under this Regulation, complaints received, enforcement actions and judgments; |
− | --- | --- |
+ (e) summaries of significant national interpretative judgments in the laws that protect consumers' interests;
− | (e) | summaries of significant national interpretative judgments in the laws that protect consumers' interests; |
− | --- | --- |
+ (f) any other information relevant to the application of this Regulation.
− | (f) | any other information relevant to the application of this Regulation. |
− | --- | --- |
+ ### Article 22 — Entry into force
− ### art_22
+ This Regulation shall enter into force on the 20th day following its publication in the *Official Journal of the European Union*.
− Article 22
− This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
− 
+ 
+ This Regulation shall be binding in its entirety and directly applicable in all Member States.
+ 
+ ### ANNEX
+ 
+ 
+ 
+ ### Directives and Regulations covered by Article 3(a) (10)
+ 
+ 1. Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative 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 an…
+ 
+ 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).
+ 
+ 3. 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 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 (…
+ 
+ 4. 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). Directive as last amended …
+ 
+ 5. 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).
+ 
+ 6. 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).
+ 
+ 7. 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 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 information 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 common 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).
+ 
+ 16. Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (OJ L 149, 11.6.2005, p. 22).
+ 
+ (1) OJ C 108, 30.4.2004, p. 86.
+ 
+ (2) Opinion of the European Parliament of 20 April 2004 (not yet published in the Official Journal) and Council Decision of 7 October 2004.
+ 
+ (3) OJ C 224, 1.8.1996, p. 3.
+ 
+ (4) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
+ 
+ (5) OJ L 8, 12.1.2001, p. 1.
+ 
+ (6) OJ L 5, 9.1.2004, p. 1. Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).
+ 
+ (7) OJ L 184, 17.7.1999, p. 23.
+ 
+ (8) OJ C 364, 18.12.2000, p. 1.
+ 
+ (9) 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).
+ 
+ (10) Directives Nos 1, 6, 8 and 13 contain specific provisions.