2. Federal Public Service Economy, SMEs, Self-employed and Energy Pieter Van Vaerenbergh DG Enforcement and Mediation Belgium gi Market Surveillance from an enforcement point of view Belgium Second UNECE International Forum on Market Surveillance and Consumer Protection Geneva (CH) – 24-25 October 2005

3. Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Organisation Within Federal Public Service Economy, SMEs, Self- Employed and Energy Goal of the FPS Economy : “to stimulate the competition ability of Belgian companies and to safeguard a fair socio- economic balance as a condition for a correct management of the market” Market surveillance as enforcer implies a PRESENCE

4. Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Organisation Simple and flexible organisation Central Offices External Offices : 4 special sections 7 regional departments 302 officers 139 charged with field tasks 75 charged with coordinating and leading tasks

5. Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Domain Particular inspection service Consumer Protection Trade practices Product Safety

6. Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Legislations 30 acts 250 implementation decrees Mainly Consumers’ Economic Intrests

7. Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Legislations The Trade Practices and Consumer Information and Protection Act Information to the consumer Price indications Quantity indications Nomination, composition and labelling of products and services Product origin denomination Advertisement rules General rules for information to the consumer

8. Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Legislations The Trade Practices and Consumer Information and Protection Act Relations between traders Selling at a loss The offering for sale as a package The legislation on seasonal sales Clearance sales

9. Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Legislations Consumer Safety Directorate General Quality and Safety Technical approach Directorate General Enforcement and Mediation Controlling/ repressive approach Shared competences Medicins Food Products

10. Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Legislations Examples of common inquiries Hardware stores: protection equipment (48 stores, 205 samples) Safety of children’s beds (159 controlled beds, 29 samples, 15 warnings) Safety of tattoos and piercings (informational inquiry) Toy safety general inquiry (1068 controlled products, 464 not conform)

11. Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Investigative powers Officers can deal with all stages of an investigation Under direct supervision of the Public Prosecutor DGEM Officers do NOT have the statute of Officer of Judicial Police Powers specifically defined in each piece of legislation

12. Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Investigative powers Powers Require any relevant information from any person On-site inspections Seize goods Give an official warning Dress an official report to the public prosecutor Take samples To claim the assistance of the police forces

13. Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Investigative powers Support/permission of the court On-site inspections in private premises Seizing of goods and papers

14. Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Methods Methods Information Prevention Repression

15. Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Methods Officers can deal with all stages of an investigation Warning Procedure if the defendant ceased the infringement  case closed if not  report to the public prosecutor Pro Justitia Administrative settlement Public Prosecutor decides to close matters propose an ‘judicial’ settlement initiate proceedings

16. Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Methods Injunction Procedure Possible initiators Minister for Economy An involved party Association for Consumer Protection Non-compliance penalty

17. Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Methods Different interpretations: Sovereign judgement competence of the courts

18. Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Conclusion Ballanced enforcement Gradual enforcement Avoiding high dark numbers of ‘minor’ infringements

19. Federal Public Service Economy, SMEs, Self-employed and Energy Pieter VAN VAERENBERGH Attaché International Co-operation DG Enforcement & Mediation WTC 3 - Office 9-054 Boulevard Simon Bolivar 30 B-1000 BRUSSELS Phone : +32-2.208.39.54 Fax : +32-2.208.39.15 Email : pieter.vanvaerenbergh@mineco.fgov.be Website : www.mineco.fgov.be