Regulation 2004/2006 - Cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation) - Main contents
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official title
Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation)Text with EEA relevanceLegal instrument | Regulation |
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Number legal act | Regulation 2004/2006 |
Original proposal | COM(2003)443 |
CELEX number i | 32004R2006 |
Document | 27-10-2004 |
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Publication in Official Journal | 09-12-2004; OJ L 364, 9.12.2004,Special edition in Romanian: Chapter 15 Volume 012,Special edition in Croatian: Chapter 15 Volume 008,Special edition in Bulgarian: Chapter 15 Volume 012 |
Effect | 29-12-2004; Entry into force Date pub. + 20 See Art 22 29-12-2005; Partial application See Art 22 29-12-2006; Partial application See Art 22 |
End of validity | 16-01-2020; Repealed by 32017R2394 |
9.12.2004 |
EN |
Official Journal of the European Union |
L 364/1 |
REGULATION (EC) No 2006/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 27 October 2004
on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
The Council Resolution of 8 July 1996 on cooperation between administrations for the enforcement of legislation on the internal market (3) acknowledged that a continuing effort is required to improve cooperation between administrations and invited the Member States and the Commission to examine as a matter of priority the possibility of reinforcing administrative cooperation in the enforcement of legislation. |
(2) |
Existing national enforcement arrangements for the laws that protect consumers' interests are not adapted to the challenges of enforcement in the internal market and effective and efficient enforcement cooperation in these cases is not currently possible. These difficulties give rise to barriers to cooperation between public enforcement authorities to detect, investigate and bring about the cessation or prohibition of intra-Community infringements of the laws that protect consumers' interests. The resulting lack of effective enforcement in cross-border cases enables sellers and suppliers to evade enforcement attempts by relocating within the Community. This gives rise to a distortion of competition for law-abiding sellers and suppliers operating either domestically or cross-border. The difficulties of enforcement in cross-border cases also undermine the confidence of consumers in taking up cross-border offers and hence their confidence in the internal market. |
(3) |
It is therefore appropriate to facilitate cooperation between public authorities responsible for enforcement of the laws that protect consumers' interests in dealing with intra-Community infringements, and to contribute to the smooth functioning of the internal market, the quality and consistency of enforcement of the laws that protect consumers' interests and the monitoring of the protection of consumers' economic interests. |
(4) |
Enforcement cooperation networks exist in Community legislation, to protect consumers above and beyond their economic interests, not least where health is concerned. Best practice should be exchanged between the networks established by this Regulation and these other networks. |
(5) |
The scope of the provisions on mutual assistance in this Regulation should be limited to intra-Community infringements of Community legislation that protects consumers' interests. The effectiveness with which infringements at national level are pursued should ensure that there is no discrimination between national and intra-Community transactions. This Regulation does not affect the responsibilities of the Commission with regard to infringements of Community law by the Member States, nor does it confer on the Commission powers to stop intra-Community infringements defined in this Regulation. |
(6) |
The protection of consumers from intra-Community infringements requires the establishment of a network of public enforcement authorities throughout the Community and these authorities require a minimum of common investigation and enforcement powers to apply this Regulation effectively and to deter sellers or... |
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