PURPOSE: to update the contents of the Annex to Regulation (EC) No 2006/2004 on consumer protection cooperation to reflect recent legislative developments in the field of consumer protection.

LEGISLATIVE ACT: Regulation (EU) No 954/2011 of the European Parliament and of the Council amending Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws.

CONTENT: following an agreement with the European Parliament at first reading, the Council adopted a Regulation amending Regulation (EC) No 2006/2004 on consumer protection cooperation to reflect recent legislative developments in the field of consumer protection.

The amending Regulation seeks to maintain the effectiveness of Regulation (EC) No 2006/2004 with regard to cooperation between the national authorities responsible for the application of consumer protection legislation, but also to ensure that the Regulation continues to guarantee that there is no discrimination between intra-EU and national transactions as far as the effectiveness with which the transactions are undertaken by the competent national authorities is concerned.

To achieve these objectives, the new Regulation seeks to update the content of the Regulation’s annex in such a way as to reflect recent developments in consumer protection legislation.

From a practical point of view, the redundant provisions in the annex are deleted and replaced by up-to-date references to the new legislation.

The amending Regulation introduces a revision clause : by 31 December 2014, the Commission shall submit a report to the European Parliament and to the Council which shall assess the effectiveness and operational mechanisms of this Regulation and thoroughly examine the possible inclusion in the Annex of additional laws that protect consumers’ interests. The report shall be based on an external evaluation and extended consultation of all relevant stakeholders, and shall be accompanied, where appropriate, by a legislative proposal.

ENTRY INTO FORCE: 07/10/2011.

The European Parliament adopted by 654 votes to 10, with 1 abstention, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws.

It adopted its position at first reading under the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise negotiated between the European Parliament and the Council.

The amended text introduces a review clause: by 31 December 2014, the Commission shall submit a report to the European Parliament and to the Council which shall assess the effectiveness and operational mechanisms of this Regulation and thoroughly examine the possible inclusion in the Annex of additional laws that protect consumers' interests. The report shall be based on an external evaluation and extended consultation of all relevant stakeholders, and shall be accompanied, where appropriate, by a legislative proposal.

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

The Committee on the Internal Market and Consumer Protection adopted the report drafted by Mitro REPO (S&D, FI) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws.

It recommended that the European Parliament’s position at first reading under the ordinary legislative procedure should be to amend the Commission proposal.

Members introduce a review clause stipulating that by 31 December 2014, the Commission shall submit a report to the European Parliament and the Council which shall assess the effectiveness and operational mechanisms of this Regulation and thoroughly examine the possible inclusion in its Annex of additional laws that protect consumers' interests. The report shall be based on an external evaluation and extended consultation of all stakeholders, and shall be accompanied, where appropriate, by a legislative proposal.

PURPOSE: to update the contents of the Annex to Regulation (EC) No 2006/2004 on consumer protection cooperation to reflect recent legislative developments in the field of consumer protection.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: Regulation (EC) No 2006/2004 aims to abolish the barriers to cross-border cooperation between public enforcement authorities to detect, investigate and bring about the cessation or prohibition of intra-EU infringements of the laws which protect consumers' interests to ensure the effective functioning of the internal market.

Applicable as of 29th December 2005, the Regulation achieves this aim by creating an enforcement cooperation network between public enforcement authorities and thus increasing consumer confidence in taking up cross-border offers, and preventing sellers and suppliers from evading enforcement to the competitive detriment of law-abiding sellers and suppliers.

The network established by the Regulation monitors and enforces legislation which protects consumers' interests. The legislation which falls into the scope of the network is listed in the Annex referred to in Article 3(a) of the Regulation. The amendment of the Annex will consist of the removal from the Annex of legislation which is not relevant for consumer protection cooperation and the updating of references to old legislation which is no longer in force by references to the current legislation in the field of consumer protection.

IMPACT ASSESSMENT: since the proposed amending Regulation does not have significant economic, social and environmental impacts, an impact assessment is not necessary.

LEGAL BASE: Article 114 of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the overall goals of the proposed amending regulation are to ensure that Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws remains efficient and continues to guarantee that there is no discrimination between intra-EU and national transactions as to the effectiveness with which infringements are pursued by the competent national authorities. To achieve these goals, the proposed amending regulation has as its objective to update the contents of the Annex to the Regulation on consumer protection cooperation to reflect recent legislative developments in the field of consumer protection.

The proposal deletes obsolete legislation referred to in the Annex and replaces them with references to legislation currently in force.

BUDGETARY IMPLICATIONS: the proposal has no implication for the EU budget.