What changed, Regulation (EU) 2017/2394

+ ## CHAPTER I / **INTRODUCTORY PROVISIONS**
− ### art_1
+ ### Article 1 — Subject matter
− Article 1
− 
− ### art_2
+ ### Article 2 — Scope
− Article 2
+ 5. This Regulation is without prejudice to Directive 2009/22/EC of the European Parliament and of the Council (1).
− 5. This Regulation is without prejudice to Directive 2009/22/EC of the European Parliament and of the Council (12).
+ 
+ ### Article 3 — Definitions
+ 
+ For the purposes of this Regulation, the following definitions apply:
+ 
+ (1) ‘Union laws that protect consumers’ interests’ means the Regulations and the Directives, as transposed into the internal legal order of the Member States, that are listed in the Annex hereto;
+ (2) ‘intra-Union infringement’ means any act or omission contrary to Union laws that protect consumers’ interests that has done, does or is likely to do harm to the collective interests of consumers residing in a Member State other than the Member State in which:
+ 
+ (a) the act or omission originated or took place;
+ 
+ (b) the trader responsible for the act or omission is established; or
+ 
+ (c) evidence or assets of the trader pertaining to the act or omission are to be found;
− ### art_3
+ (3) ‘widespread infringement’ means:
− Article 3
+ (a) any act or omission contrary to Union laws that protect consumers’ interests that has done, does or is likely to do harm to the collective interests of consumers residing in at least two Member States other than the Member State in which:
− For the purposes of this Regulation, the following definitions apply:
+ (i) the act or omission originated or took place;
− | (1) | ‘Union laws that protect consumers’ interests’ means the Regulations and the Directives, as transposed into the internal legal order of the Member States, that are listed in the Annex hereto; |
− | --- | --- |
+ (ii) the trader responsible for the act or omission is established; or
− | (2) | ‘intra-Union infringement’ means any act or omission contrary to Union laws that protect consumers’ interests that has done, does or is likely to do harm to the collective interests of consumers residing in a Member State other than the Member State in which:(a)the act or omission originated…
− | --- | --- |
− | (a) | the act or omission originated or took place; |
− | (b) | the trader responsible for the act or omission is established; or |
− | (c) | evidence or assets of the trader pertaining to the act or omission are to be found; |
+ (iii) evidence or assets of the trader pertaining to the act or omission are to be found; or
− | (3) | ‘widespread infringement’ means:(a)any act or omission contrary to Union laws that protect consumers’ interests that has done, does or is likely to do harm to the collective interests of consumers residing in at least two Member States other than the Member State in which:(i)the act or omiss…
− | --- | --- |
− | (a) | any act or omission contrary to Union laws that protect consumers’ interests that has done, does or is likely to do harm to the collective interests of consumers residing in at least two Member States other than the Member State in which:(i)the act or omission originated or took place;(ii)th…
− | (i) | the act or omission originated or took place; |
− | (ii) | the trader responsible for the act or omission is established; or |
− | (iii) | evidence or assets of the trader pertaining to the act or omission are to be found; or |
− | (b) | any acts or omissions contrary to Union laws that protect consumers interests that have done, do or are likely to do harm to the collective interests of consumers and that have common features, including the same unlawful practice, the same interest being infringed and that are occurring con…
+ (b) any acts or omissions contrary to Union laws that protect consumers interests that have done, do or are likely to do harm to the collective interests of consumers and that have common features, including the same unlawful practice, the same interest being infringed and that are occurring concurr…
− | (4) | ‘widespread infringement with a Union dimension’ means a widespread infringement that has done, does or is likely to do harm to the collective interests of consumers in at least two-thirds of the Member States, accounting, together, for at least two-thirds of the population of the Union; |
− | --- | --- |
+ (4) ‘widespread infringement with a Union dimension’ means a widespread infringement that has done, does or is likely to do harm to the collective interests of consumers in at least two-thirds of the Member States, accounting, together, for at least two-thirds of the population of the Union;
− | (5) | ‘infringements covered by this Regulation’ means intra-Union infringements, widespread infringements and widespread infringements with a Union dimension; |
− | --- | --- |
+ (5) ‘infringements covered by this Regulation’ means intra-Union infringements, widespread infringements and widespread infringements with a Union dimension;
− | (6) | ‘competent authority’ means any public authority established either at national, regional or local level and designated by a Member State as responsible for enforcing the Union laws that protect consumers’ interests; |
− | --- | --- |
+ (6) ‘competent authority’ means any public authority established either at national, regional or local level and designated by a Member State as responsible for enforcing the Union laws that protect consumers’ interests;
− | (7) | ‘single liaison office’ means the public authority designated by a Member State as responsible for coordinating the application of this Regulation within that Member State; |
− | --- | --- |
+ (7) ‘single liaison office’ means the public authority designated by a Member State as responsible for coordinating the application of this Regulation within that Member State;
− | (8) | ‘designated body’ means a body having a legitimate interest in the cessation or prohibition of infringements of the Union laws that protect consumers’ interests which is designated by a Member State and instructed by a competent authority for the purpose of gathering the necessary informatio…
− | --- | --- |
+ (8) ‘designated body’ means a body having a legitimate interest in the cessation or prohibition of infringements of the Union laws that protect consumers’ interests which is designated by a Member State and instructed by a competent authority for the purpose of gathering the necessary information an…
− | (9) | ‘applicant authority’ means the competent authority that makes a request for mutual assistance; |
− | --- | --- |
+ (9) ‘applicant authority’ means the competent authority that makes a request for mutual assistance;
− | (10) | ‘requested authority’ means the competent authority that receives a request for mutual assistance; |
− | --- | --- |
+ (10) ‘requested authority’ means the competent authority that receives a request for mutual assistance;
− | (11) | ‘trader’ means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession; |
− | --- | --- |
+ (11) ‘trader’ means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession;
− | (12) | ‘consumer’ means any natural person who is acting for purposes which are outside his trade, business, craft or profession; |
− | --- | --- |
+ (12) ‘consumer’ means any natural person who is acting for purposes which are outside his trade, business, craft or profession;
− | (13) | ‘consumer complaint’ means a statement, supported by reasonable evidence, that a trader has committed, is committing, or is likely to commit, an infringement of the Union laws that protect consumers’ interests; |
− | --- | --- |
+ (13) ‘consumer complaint’ means a statement, supported by reasonable evidence, that a trader has committed, is committing, or is likely to commit, an infringement of the Union laws that protect consumers’ interests;
− | (14) | ‘harm to collective interests of consumers’ means actual or potential harm to the interests of a number of consumers that are affected by intra-Union infringements, by widespread infringements or by widespread infringements with a Union dimension; |
− | --- | --- |
+ (14) ‘harm to collective interests of consumers’ means actual or potential harm to the interests of a number of consumers that are affected by intra-Union infringements, by widespread infringements or by widespread infringements with a Union dimension;
− | (15) | ‘online interface’ means any software, including a website, part of a website or an application, that is operated by or on behalf of a trader, and which serves to give consumers access to the trader’s goods or services; |
− | --- | --- |
+ (15) ‘online interface’ means any software, including a website, part of a website or an application, that is operated by or on behalf of a trader, and which serves to give consumers access to the trader’s goods or services;
− | (16) | ‘sweeps’ means concerted investigations of consumer markets through simultaneous coordinated control actions to check compliance with, or to detect infringements of, Union laws that protect consumers’ interests. |
− | --- | --- |
+ (16) ‘sweeps’ means concerted investigations of consumer markets through simultaneous coordinated control actions to check compliance with, or to detect infringements of, Union laws that protect consumers’ interests.
− ### art_4
+ ### Article 4 — Notification of limitation periods
− Article 4
+ ## CHAPTER II / **COMPETENT AUTHORITIES AND THEIR POWERS**
− ### art_5
+ ### Article 5 — Competent authorities and single liaison offices
− Article 5
+ ### Article 6 — Cooperation for the application of this Regulation within Member States
− ### art_6
− Article 6
− 
+ ### Article 7 — Role of designated bodies
− ### art_7
− Article 7
− 
+ (a) the designated body fails to obtain the necessary information or to bring about the cessation or prohibition of the infringement covered by this Regulation without delay; or
− | (a) | the designated body fails to obtain the necessary information or to bring about the cessation or prohibition of the infringement covered by this Regulation without delay; or |
− | --- | --- |
+ (b) the competent authorities concerned by an infringement covered by this Regulation do not agree that the designated body may be instructed pursuant to paragraph 1.
− | (b) | the competent authorities concerned by an infringement covered by this Regulation do not agree that the designated body may be instructed pursuant to paragraph 1. |
− | --- | --- |
+ ### Article 8 — Information and lists
− ### art_8
− 
− Article 8
+ (a) the identities and contact details of the competent authorities, of the single liaison office, of the designated bodies and of the entities issuing external alerts pursuant to Article 27(1); and
− | (a) | the identities and contact details of the competent authorities, of the single liaison office, of the designated bodies and of the entities issuing external alerts pursuant to Article 27(1); and |
− | --- | --- |
+ (b) information about the organisation, powers and responsibilities of the competent authorities.
− | (b) | information about the organisation, powers and responsibilities of the competent authorities. |
− | --- | --- |
− 
− ### art_9
+ ### Article 9 — Minimum powers of competent authorities
− Article 9
+ (a) the power of access to any relevant documents, data or information related to an infringement covered by this Regulation, in any form or format and irrespective of their storage medium, or the place where, they are stored;
− | (a) | the power of access to any relevant documents, data or information related to an infringement covered by this Regulation, in any form or format and irrespective of their storage medium, or the place where, they are stored; |
− | --- | --- |
+ (b) the power to require any public authority, body or agency within their Member State or any natural person or legal person to provide any relevant information, data or documents, in any form or format and irrespective of their storage medium, or the place where they are stored, for the purposes o…
− | (b) | the power to require any public authority, body or agency within their Member State or any natural person or legal person to provide any relevant information, data or documents, in any form or format and irrespective of their storage medium, or the place where they are stored, for the purpos…
− | --- | --- |
+ (c) the power to carry out necessary on-site inspections, including the power to enter any premises, land or means of transport that the trader concerned by the inspection uses for purposes related to his trade, business, craft or profession, or to request other public authorities to do so, in order…
− | (c) | the power to carry out necessary on-site inspections, including the power to enter any premises, land or means of transport that the trader concerned by the inspection uses for purposes related to his trade, business, craft or profession, or to request other public authorities to do so, in o…
− | --- | --- |
+ (d) the power to purchase goods or services as test purchases, where necessary, under a cover identity, in order to detect infringements covered by this Regulation and to obtain evidence, including the power to inspect, observe, study, disassemble or test goods or services.
− | (d) | the power to purchase goods or services as test purchases, where necessary, under a cover identity, in order to detect infringements covered by this Regulation and to obtain evidence, including the power to inspect, observe, study, disassemble or test goods or services. |
− | --- | --- |
+ 
+ (a) the power to adopt interim measures to avoid the risk of serious harm to the collective interests of consumers;
+ 
+ (b) the power to seek to obtain or to accept commitments from the trader responsible for the infringement covered by this Regulation to cease that infringement;
+ 
+ (c) the power to receive from the trader, on the trader’s initiative, additional remedial commitments for the benefit of consumers that have been affected by the alleged infringement covered by this Regulation, or, where appropriate, to seek to obtain commitments from the trader to offer adequate re…
+ (d) where applicable, the power to inform, by appropriate means, consumers that claim that they have suffered harm as a consequence of an infringement covered by this Regulation about how to seek compensation under national law;
+ 
+ (e) the power to order in writing the cessation of infringements covered by this Regulation by the trader;
− | (a) | the power to adopt interim measures to avoid the risk of serious harm to the collective interests of consumers; |
− | --- | --- |
+ (f) the power to bring about the cessation or the prohibition of infringements covered by this Regulation;
− | (b) | the power to seek to obtain or to accept commitments from the trader responsible for the infringement covered by this Regulation to cease that infringement; |
− | --- | --- |
+ (g) where no other effective means are available to bring about the cessation or the prohibition of the infringement covered by this Regulation and in order to avoid the risk of serious harm to the collective interests of consumers:
− | (c) | the power to receive from the trader, on the trader’s initiative, additional remedial commitments for the benefit of consumers that have been affected by the alleged infringement covered by this Regulation, or, where appropriate, to seek to obtain commitments from the trader to offer adequat…
− | --- | --- |
+ (i) the power to remove content or to restrict access to an online interface or to order the explicit display of a warning to consumers when they access an online interface;
− | (d) | where applicable, the power to inform, by appropriate means, consumers that claim that they have suffered harm as a consequence of an infringement covered by this Regulation about how to seek compensation under national law; |
− | --- | --- |
+ (ii) the power to order a hosting service provider to remove, disable or restrict access to an online interface; or
− | (e) | the power to order in writing the cessation of infringements covered by this Regulation by the trader; |
− | --- | --- |
+ (iii) where appropriate, the power to order domain registries or registrars to delete a fully qualified domain name and to allow the competent authority concerned to register it;
− | (f) | the power to bring about the cessation or the prohibition of infringements covered by this Regulation; |
− | --- | --- |
+ including by requesting a third party or other public authority to implement such measures;
− | (g) | where no other effective means are available to bring about the cessation or the prohibition of the infringement covered by this Regulation and in order to avoid the risk of serious harm to the collective interests of consumers:(i)the power to remove content or to restrict access to an onlin…
− | --- | --- |
− | (i) | the power to remove content or to restrict access to an online interface or to order the explicit display of a warning to consumers when they access an online interface; |
− | (ii) | the power to order a hosting service provider to remove, disable or restrict access to an online interface; or |
− | (iii) | where appropriate, the power to order domain registries or registrars to delete a fully qualified domain name and to allow the competent authority concerned to register it; |
+ (h) the power to impose penalties, such as fines or periodic penalty payments, for infringements covered by this Regulation and for the failure to comply with any decision, order, interim measure, trader’s commitment or other measure adopted pursuant to this Regulation.
− | (h) | the power to impose penalties, such as fines or periodic penalty payments, for infringements covered by this Regulation and for the failure to comply with any decision, order, interim measure, trader’s commitment or other measure adopted pursuant to this Regulation. |
− | --- | --- |
+ ### Article 10 — Exercise of minimum powers
− ### art_10
− 
− Article 10
+ (a) directly by competent authorities under their own authority;
− | (a) | directly by competent authorities under their own authority; |
− | --- | --- |
+ (b) where appropriate, by recourse to other competent authorities or other public authorities;
− | (b) | where appropriate, by recourse to other competent authorities or other public authorities; |
− | --- | --- |
+ (c) by instructing designated bodies, if applicable; or
− | (c) | by instructing designated bodies, if applicable; or |
− | --- | --- |
+ (d) 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.
− | (d) | 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. |
− | --- | --- |
+ ## CHAPTER III / **MUTUAL ASSISTANCE MECHANISM**
− ### art_11
+ ### Article 11 — Requests for information
− Article 11
+ ### Article 12 — Requests for enforcement measures
− ### art_12
− Article 12
− 
+ (a) whether interim measures have been imposed;
− | (a) | whether interim measures have been imposed; |
− | --- | --- |
+ (b) whether the infringement has ceased;
− | (b) | whether the infringement has ceased; |
− | --- | --- |
+ (c) which measures have been adopted, and whether those measures have been implemented;
− | (c) | which measures have been adopted, and whether those measures have been implemented; |
− | --- | --- |
+ (d) the extent to which consumers affected by the alleged infringement have been offered remedial commitments.
− | (d) | the extent to which consumers affected by the alleged infringement have been offered remedial commitments. |
− | --- | --- |
− 
− ### art_13
+ ### Article 13 — Procedure for requests for mutual assistance
− Article 13
− 
− ### art_14
+ ### Article 14 — Refusal to comply with a request for mutual assistance
− Article 14
+ (a) following a consultation with the applicant authority, it appears that the information requested is not needed by the applicant authority to establish whether an intra-Union infringement has occurred or is occurring, or to establish whether there is a reasonable suspicion that it may occur;
− | (a) | following a consultation with the applicant authority, it appears that the information requested is not needed by the applicant authority to establish whether an intra-Union infringement has occurred or is occurring, or to establish whether there is a reasonable suspicion that it may occur; …
− | --- | --- |
+ (b) the applicant authority does not agree that the information is subject to the rules on confidentiality and on professional and commercial secrecy laid down in Article 33;
− | (b) | the applicant authority does not agree that the information is subject to the rules on confidentiality and on professional and commercial secrecy laid down in Article 33; |
− | --- | --- |
+ (c) criminal investigations or judicial proceedings have already been initiated against the same trader in respect of the same intra-Union infringement before the judicial authorities in the Member State of the requested authority or of the applicant authority.
− | (c) | criminal investigations or judicial proceedings have already been initiated against the same trader in respect of the same intra-Union infringement before the judicial authorities in the Member State of the requested authority or of the applicant authority. |
− | --- | --- |
+ (a) criminal investigations or judicial proceedings have already been initiated, or there is a judgment, a court settlement or a judicial order in respect of the same intra-Union infringement and against the same trader before the judicial authorities in the Member State of the requested authority;
− | (a) | criminal investigations or judicial proceedings have already been initiated, or there is a judgment, a court settlement or a judicial order in respect of the same intra-Union infringement and against the same trader before the judicial authorities in the Member State of the requested authori…
− | --- | --- |
+ (b) the exercise of the necessary enforcement powers has already been initiated, or an administrative decision has already been adopted in respect of the same intra-Union infringement and against the same trader in the Member State of the requested authority in order to bring about the swift and eff…
− | (b) | the exercise of the necessary enforcement powers has already been initiated, or an administrative decision has already been adopted in respect of the same intra-Union infringement and against the same trader in the Member State of the requested authority in order to bring about the swift and…
− | --- | --- |
+ (c) following an appropriate investigation, the requested authority concludes that no intra-Union infringement has occurred;
− | (c) | following an appropriate investigation, the requested authority concludes that no intra-Union infringement has occurred; |
− | --- | --- |
+ (d) the requested authority concludes that the applicant authority has not provided the information that is necessary in accordance with Article 13(1);
− | (d) | the requested authority concludes that the applicant authority has not provided the information that is necessary in accordance with Article 13(1); |
− | --- | --- |
+ (e) the requested authority has accepted commitments proposed by the trader to cease the intra-Union infringement within a set time limit and that time limit has not yet passed.
− | (e) | the requested authority has accepted commitments proposed by the trader to cease the intra-Union infringement within a set time limit and that time limit has not yet passed. |
− | --- | --- |
+ ## CHAPTER IV / **COORDINATED INVESTIGATION AND ENFORCEMENT MECHANISMS FOR WIDESPREAD INFRINGEMENTS AND FOR WIDESPREAD INFRINGEMENTS WITH A UNION DIMENSION**
− ### art_15
+ ### Article 15 — Procedure for decisions amongst Member States
− Article 15
+ ### Article 16 — General principles of cooperation
− ### art_16
− Article 16
− 
+ ### Article 17 — Launch of coordinated action and designation of the coordinator
− ### art_17
− Article 17
− 
+ ### Article 18 — Reasons for declining to take part in the coordinated action
− ### art_18
− Article 18
− 
+ (a) in respect of the same trader, a criminal investigation or judicial proceedings have already been initiated, a judgement has been given, or a court settlement has been reached, concerning the same infringement in that competent authority’s Member State;
− | (a) | in respect of the same trader, a criminal investigation or judicial proceedings have already been initiated, a judgement has been given, or a court settlement has been reached, concerning the same infringement in that competent authority’s Member State; |
− | --- | --- |
+ (b) the exercise of the necessary enforcement powers has already been initiated before the issuing of an alert referred to in Article 17(3), or an administrative decision has been adopted against the same trader in respect of the same infringement in that competent authority’s Member State in order …
− | (b) | the exercise of the necessary enforcement powers has already been initiated before the issuing of an alert referred to in Article 17(3), or an administrative decision has been adopted against the same trader in respect of the same infringement in that competent authority’s Member State in or…
− | --- | --- |
+ (c) following an appropriate investigation, it is apparent that the actual or potential impact of the alleged widespread infringement or widespread infringement with a Union dimension in that competent authority’s Member State is negligible and therefore no enforcement measures need to be adopted by…
− | (c) | following an appropriate investigation, it is apparent that the actual or potential impact of the alleged widespread infringement or widespread infringement with a Union dimension in that competent authority’s Member State is negligible and therefore no enforcement measures need to be adopte…
− | --- | --- |
+ (d) the relevant widespread infringement or the widespread infringement with a Union dimension has not occurred in that competent authority’s Member State and therefore no enforcement measures need to be adopted by that competent authority;
− | (d) | the relevant widespread infringement or the widespread infringement with a Union dimension has not occurred in that competent authority’s Member State and therefore no enforcement measures need to be adopted by that competent authority; |
− | --- | --- |
+ (e) the competent authority has accepted commitments proposed by the trader responsible for the widespread infringement or widespread infringement with a Union dimension to cease that infringement in that competent authority’s Member State and those commitments have been implemented, and therefore n…
− | (e) | the competent authority has accepted commitments proposed by the trader responsible for the widespread infringement or widespread infringement with a Union dimension to cease that infringement in that competent authority’s Member State and those commitments have been implemented, and therefo…
− | --- | --- |
+ ### Article 19 — Investigation measures in coordinated actions
− ### art_19
− 
− Article 19
+ ### Article 20 — Commitments in coordinated actions
− ### art_20
− 
− Article 20
+ ### Article 21 — Enforcement measures in coordinated actions
− ### art_21
− Article 21
− 
+ (a) an immediate enforcement action is necessary to bring about the swift and effective cessation or prohibition of the infringement;
− | (a) | an immediate enforcement action is necessary to bring about the swift and effective cessation or prohibition of the infringement; |
− | --- | --- |
+ (b) it is unlikely that the infringement will cease as a result of the commitments proposed by the trader responsible for the infringement;
− | (b) | it is unlikely that the infringement will cease as a result of the commitments proposed by the trader responsible for the infringement; |
− | --- | --- |
+ (c) the trader responsible for the infringement has not proposed commitments before the expiry of a time limit set by the competent authorities concerned;
− | (c) | the trader responsible for the infringement has not proposed commitments before the expiry of a time limit set by the competent authorities concerned; |
− | --- | --- |
+ (d) the commitments that the trader responsible for the infringement proposed are insufficient to ensure the cessation of the infringement or, where appropriate, to provide a remedy to consumers harmed by the infringement; or
− | (d) | the commitments that the trader responsible for the infringement proposed are insufficient to ensure the cessation of the infringement or, where appropriate, to provide a remedy to consumers harmed by the infringement; or |
− | --- | --- |
+ (e) the trader responsible for the infringement has failed to implement the commitments to cease the infringement or, where appropriate, to provide a remedy to consumers harmed by the infringement, within the time limit referred to in Article 20(3).
− | (e) | the trader responsible for the infringement has failed to implement the commitments to cease the infringement or, where appropriate, to provide a remedy to consumers harmed by the infringement, within the time limit referred to in Article 20(3). |
− | --- | --- |
+ ### Article 22 — Closure of the coordinated actions
− ### art_22
− 
− Article 22
+ ### Article 23 — Role of the coordinator
− ### art_23
− 
− Article 23
+ (a) ensure that all the competent authorities concerned and the Commission are duly informed, in a timely manner, of the progress of the investigation or of the enforcement action, as applicable, and informed of any anticipated next steps and the measures to be adopted;
− | (a) | ensure that all the competent authorities concerned and the Commission are duly informed, in a timely manner, of the progress of the investigation or of the enforcement action, as applicable, and informed of any anticipated next steps and the measures to be adopted; |
− | --- | --- |
+ (b) coordinate and monitor the investigation measures taken by the competent authorities concerned in accordance with this Regulation;
− | (b) | coordinate and monitor the investigation measures taken by the competent authorities concerned in accordance with this Regulation; |
− | --- | --- |
+ (c) coordinate the preparation and sharing of all necessary documents among the competent authorities concerned and the Commission;
− | (c) | coordinate the preparation and sharing of all necessary documents among the competent authorities concerned and the Commission; |
− | --- | --- |
+ (d) maintain contact with the trader and other parties concerned by the investigation or enforcement measures, as applicable, unless otherwise agreed by the competent authorities concerned and the coordinator;
− | (d) | maintain contact with the trader and other parties concerned by the investigation or enforcement measures, as applicable, unless otherwise agreed by the competent authorities concerned and the coordinator; |
− | --- | --- |
+ (e) where applicable, coordinate the assessment, the consultations and the monitoring by the competent authorities concerned as well as other steps necessary to process and implement commitments proposed by the traders concerned;
− | (e) | where applicable, coordinate the assessment, the consultations and the monitoring by the competent authorities concerned as well as other steps necessary to process and implement commitments proposed by the traders concerned; |
− | --- | --- |
+ (f) where applicable, coordinate enforcement measures adopted by the competent authorities concerned;
− | (f) | where applicable, coordinate enforcement measures adopted by the competent authorities concerned; |
− | --- | --- |
+ (g) coordinate requests for mutual assistance submitted by the competent authorities concerned pursuant to Chapter III.
− | (g) | coordinate requests for mutual assistance submitted by the competent authorities concerned pursuant to Chapter III. |
− | --- | --- |
+ ### Article 24 — Language arrangements
− ### art_24
− 
− Article 24
+ ### Article 25 — Language arrangements for communication with traders
− ### art_25
− 
− Article 25
+ ## CHAPTER V / **UNION-WIDE ACTIVITIES**
− ### art_26
+ ### Article 26 — Alerts
− Article 26
+ (a) a description of the act or omission that constitutes the infringement;
− | (a) | a description of the act or omission that constitutes the infringement; |
− | --- | --- |
+ (b) details of the product or service concerned by the infringement;
− | (b) | details of the product or service concerned by the infringement; |
− | --- | --- |
+ (c) the names of the Member States concerned or possibly concerned by the infringement;
− | (c) | the names of the Member States concerned or possibly concerned by the infringement; |
− | --- | --- |
+ (d) the identity of the trader or traders responsible or suspected of being responsible for the infringement;
− | (d) | the identity of the trader or traders responsible or suspected of being responsible for the infringement; |
− | --- | --- |
+ (e) the legal basis for possible actions by reference to national law and the corresponding provisions of the Union legal acts listed in the Annex;
− | (e) | the legal basis for possible actions by reference to national law and the corresponding provisions of the Union legal acts listed in the Annex; |
− | --- | --- |
+ (f) a description of any legal proceedings, enforcement measures or other measures taken concerning the infringement and their dates and duration, as well as the status thereof;
− | (f) | a description of any legal proceedings, enforcement measures or other measures taken concerning the infringement and their dates and duration, as well as the status thereof; |
− | --- | --- |
+ (g) the identities of the competent authorities bringing the legal proceedings and taking other measures.
− | (g) | the identities of the competent authorities bringing the legal proceedings and taking other measures. |
− | --- | --- |
+ ### Article 27 — External alerts
− ### art_27
− 
− Article 27
+ ### Article 28 — Exchange of other information relevant for the detection of infringements
− ### art_28
− 
− Article 28
+ ### Article 29 — Sweeps
− ### art_29
− 
− Article 29
+ ### Article 30 — Coordination of other activities contributing to investigation and enforcement
− ### art_30
− Article 30
− 
+ (a) the training of their officials involved in the application of this Regulation;
− | (a) | the training of their officials involved in the application of this Regulation; |
− | --- | --- |
+ (b) the collection, classification and exchange of data on consumer complaints;
− | (b) | the collection, classification and exchange of data on consumer complaints; |
− | --- | --- |
+ (c) the development of sector-specific networks of officials;
− | (c) | the development of sector-specific networks of officials; |
− | --- | --- |
+ (d) the development of information and communication tools; and
− | (d) | the development of information and communication tools; and |
− | --- | --- |
+ (e) where applicable, the development of standards, methodologies and guidelines concerning the application of this Regulation.
− | (e) | where applicable, the development of standards, methodologies and guidelines concerning the application of this Regulation. |
− | --- | --- |
+ ### Article 31 — Exchange of officials between competent authorities
− ### art_31
− Article 31
− 
+ ### Article 32 — International cooperation
− ### art_32
− Article 32
− 
+ ## CHAPTER VI / **COMMON ARRANGEMENTS**
− ### art_33
+ ### Article 33 — Use and disclosure of information and professional and commercial secrecy
− Article 33
+ (a) to prove infringements covered by this Regulation; or
− | (a) | to prove infringements covered by this Regulation; or |
− | --- | --- |
+ (b) to bring about the cessation or prohibition of infringements covered by this Regulation.
− | (b) | to bring about the cessation or prohibition of infringements covered by this Regulation. |
− | --- | --- |
+ ### Article 34 — Use of evidence and investigation findings
− ### art_34
− Article 34
− 
+ ### Article 35 — Electronic database
− ### art_35
− Article 35
− 
+ (a) a requested authority notifies the Commission pursuant to Article 12(2) that an intra- Union infringement has ceased;
− | (a) | a requested authority notifies the Commission pursuant to Article 12(2) that an intra- Union infringement has ceased; |
− | --- | --- |
+ (b) the coordinator notifies the closure of the coordinated action pursuant to Article 22(1); or
− | (b) | the coordinator notifies the closure of the coordinated action pursuant to Article 22(1); or |
− | --- | --- |
+ (c) the information has been entered in the database in all other cases.
− | (c) | the information has been entered in the database in all other cases. |
− | --- | --- |
+ ### Article 36 — Waiver of reimbursement of expenses
− ### art_36
− 
− Article 36
+ ### Article 37 — Enforcement priorities
− ### art_37
− 
− Article 37
+ (a) information concerning market trends that might affect consumers’ interests in the Member State concerned and in other Member States;
− | (a) | information concerning market trends that might affect consumers’ interests in the Member State concerned and in other Member States; |
− | --- | --- |
+ (b) an overview of actions carried out under this Regulation in the last 2 years, and in particular, investigation and enforcement measures related to the widespread infringements;
− | (b) | an overview of actions carried out under this Regulation in the last 2 years, and in particular, investigation and enforcement measures related to the widespread infringements; |
− | --- | --- |
+ (c) statistics exchanged by means of alerts referred to in Article 26;
− | (c) | statistics exchanged by means of alerts referred to in Article 26; |
− | --- | --- |
+ (d) the tentative priority areas, for the next 2 years, for the enforcement of the Union laws that protect consumers’ interests in the Member State concerned; and
− | (d) | the tentative priority areas, for the next 2 years, for the enforcement of the Union laws that protect consumers’ interests in the Member State concerned; and |
− | --- | --- |
+ (e) the proposed priority areas, for the next 2 years, for the enforcement of the Union laws that protect consumers’ interests at the Union level.
− | (e) | the proposed priority areas, for the next 2 years, for the enforcement of the Union laws that protect consumers’ interests at the Union level. |
− | --- | --- |
+ ## CHAPTER VII / **FINAL PROVISIONS**
− ### art_38
+ ### Article 38 — Committee
− Article 38
+ ### Article 39 — Notifications
− ### art_39
− Article 39
− 
+ ### Article 40 — Reporting
− ### art_40
− Article 40
− 
+ 
+ ### Article 41 — Repeal
+ 
+ Regulation (EC) No 2006/2004 is repealed with effect from 17 January 2020.
+ 
+ ### Article 42 — Entry into force and application
+ This Regulation shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.
+ 
+ It shall apply from 17 January 2020.
+ 
+ This Regulation shall be binding in its entirety and directly applicable in all Member States.
+ 
+ ### ANNEX
+ 
+ **Directives and Regulations referred to in point (1) of Article 3**
+ 
+ 1. Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
+ 
+ 2. 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).
+ 
+ 3. 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).
+ 
+ 4. 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).
+ 
+ 5. 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 (OJ L 311, 28.11.2001, p. 67): Articles 86 to 100.
+ 
+ 6. Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37): Article 13.
+ 
+ 7. Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ L 271, 9.10.2002, p. 16).
+ 
+ 8. 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 passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ L 46, 17.…
+ 
+ 9. 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 and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council…
+ 
+ 10. Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (OJ L 204, 26.7.2006, p. 1).
+ 
+ 11. 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): Article 1, point (c) of Article 2 and Articles 4 to 8.
+ 
+ 12. Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36): Article 20.
+ 
+ 13. Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
+ 
+ 14. 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).
+ 
… diff truncated at 500 changed lines …