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Public enforcement authorities in the Member States play a decisive role in ensuring that consumer protection laws are correctly enforced.
The development of cross border trade in the context of an enlarged Internal Market coupled with the opportunities offered by new technologies challenge the
authorities’ ability to enforce consumer laws effectively, as it becomes easier for rogue traders to hide behind borders to target consumers in another Member State.
Examples of rogue traders operating in the Internal Market include misleading and threatening clairvoyancy services, deceptive prize draws, mailings concerning unsolicited
goods 'waiting' for consumers, unsolicited first aid kits accompanied by demands for payment, direct marketing of slimming products to children and misleading marketing by 'holiday clubs'.
Other issues faced by consumers concern businesses offering their goods through the internet but not informing correctly about terms and conditions of contracts (e.g. right to withdraw
from a contract without penalty, terms of delivery, administrative expenses).
The Regulation on consumer protection cooperation
Regulation (EC) No 2006/2004 on Consumer Protection Cooperation
was adopted in 2004 to tackle the growing cross border problems in the Internal Market. It lays down the framework and general conditions under which authorities, responsible for
enforcement in the Member States, are to cooperate.
The Regulation links up national, public enforcement authorities in an EU-wide Enforcement Network which has been given the means to exchange information and to work
together to stop rogue traders or any other cross-border breach to consumer protection laws. It tackles breaches in a variety of areas such as misleading advertising, package holidays,
timeshares and distance selling.
All the authorities in the Network have similar investigation and enforcement powers which include the possibility of carrying out on-site inspections. Each one
of them is able to call on any other member in the network for assistance in their investigations and enforcement actions. Simultaneous investigations and common enforcement actions,
such as
internet sweeps, can be coordinated through the Network.
The Network uses as secure IT-tool, the Consumer Protection Cooperation System (CPCS), to exchange relevant information.
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Administrative cooperation
The Regulation further provides a wider framework for more general administrative cooperation between Member States and the Commission. It sets out supporting measures to foster
expertise and cooperation between enforcement authorities. This includes, for instance, the setting up in 2007 of a scheme for the exchange of enforcement officials and of common
projects to strengthen the ability of authorities to work together on subjects of EU-wide relevance.
The Enforcement Network formally started its operations end of 2006. It was officially launched by Commissioner M. Kuneva on 28 February 2007, on the occasion of the first
of regular meetings of EU enforcement authorities.
The application of the CPC Regulation is reviewed every two years on the basis of national reports from Member
States and the Commission's experience. The first Commission Biennial Report covering the years 2007 - 2008 was adopted on 2 July 2009.
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Reference documents
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Common Activities and Reports
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