Federal Public Service Economy, SMEs, Self-employed and Energy Pieter Van Vaerenbergh DG Enforcement and Mediation Belgium Enforcement Regulation 2006/2004 on Consumer Protection Co-operation Taiex Workshop – IM Budapest (HU) – April 26 th 2006

Federal Public Service Economy, SMEs, Self-employed and Energy Regulation & Enforcement: A joint venture

Federal Public Service Economy, SMEs, Self-employed and Energy Regulation and Enforcement: a joint venture Enforcement versus Regulation Internal Market bigger market for traders national borders disappear more choice for consumers but also supplementary risks Community Law versus Member State Law The missing link: Enforcement

Federal Public Service Economy, SMEs, Self-employed and Energy Regulation and Enforcement: a joint venture (2) More quality of cross-border trade More choice More competition Converging prices Enforce the rules !!!

Federal Public Service Economy, SMEs, Self-employed and Energy Regulation 2006/2004 on Consumer Protection Co-operation (CPC)

Federal Public Service Economy, SMEs, Self-employed and Energy Regulation 2006/2004 on Consumer Protection Co-operation (CPC) Goals Formal co-operation Obligatory co-operation Key to consumer confidence Revalue Consumer Protection in EU

Federal Public Service Economy, SMEs, Self-employed and Energy Regulation 2006/2004 on Consumer Protection Co-operation (CPC) Definitions Consumer Protection Legislation Intra-Community Infringement Competent Authority Single Liaison Office Other governement bodies 2 types

Federal Public Service Economy, SMEs, Self-employed and Energy Regulation 2006/2004 on Consumer Protection Co-operation (CPC) Assistance Information exchange without request Information exchange on request Request for enforcement Measures

Federal Public Service Economy, SMEs, Self-employed and Energy Regulation 2006/2004 on Consumer Protection Co-operation (CPC) Information exchange without request Spontaneous information sharing Intra-community infringements Enforcement measures taken Third countries Refusal Grounds

Federal Public Service Economy, SMEs, Self-employed and Energy Regulation 2006/2004 on Consumer Protection Co-operation (CPC) Information exchange on request Establishment of Intra-Community Infringement Officials Refusal grounds

Federal Public Service Economy, SMEs, Self-employed and Energy Regulation 2006/2004 on Consumer Protection Co-operation (CPC) Request of enforcement Measures Bring about the cessation of an Intra- Community Infringement Proportionality versus Obligations Delegate to other bodies Refusal grounds

Federal Public Service Economy, SMEs, Self-employed and Energy Regulation 2006/2004 on Consumer Protection Co-operation (CPC) Procedures Sufficient information Transfers Requests Results Database Languages

Federal Public Service Economy, SMEs, Self-employed and Energy Regulation 2006/2004 on Consumer Protection Co-operation (CPC) Consumer Protection Co-operation System (CPCS) CPC- Committee

Federal Public Service Economy, SMEs, Self-employed and Energy The implementation of Regulation (EC) 2006/2004 in Belgium

Federal Public Service Economy, SMEs, Self-employed and Energy Implementation in Belgium Federal Public Service Economy, SMEs, Self- Employed and Energy Directorate General Enforcement and Mediation

Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Economic and administrative police force Under directe supervision of the Public Prosecutor Simple and flexible organisation About 300 officers

Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation 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

Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation Complaints Enforcement DG Regulation and Organisation of the Market Drafting legislation Legal issues Advice

Federal Public Service Economy, SMEs, Self-employed and Energy DG Enforcement and Mediation International Co-operation Bilateral DGCCRF in France Trading Standards of the Kent County General Inspectorate for Consumer Protection in Hungary Multilateral ICPEN (Europe)

Federal Public Service Economy, SMEs, Self-employed and Energy The implementation measures Article 4, 1 DGEM designated as: ‘competent authority’ ‘single liaison office’ Arguments: Present competences Experience Adapted structures Inspection spirit

Federal Public Service Economy, SMEs, Self-employed and Energy The implementation measures “Central” legislative piece : The act on Trade Practices, Consumer Protection and Information Necessary amendments of Belgian legislation will be adopted to this “central” act. Draft is prepared

Federal Public Service Economy, SMEs, Self-employed and Energy The implementation measures Powers : 1. The right to have access to any relevant document, in any form. 2. The right to require the supply by any person of relevant information. 3. The right to carry out necessary on-site inspections. 4. The right to request in writing that the vendor or supplier concerned ceases an infringement.

Federal Public Service Economy, SMEs, Self-employed and Energy The implementation measures Amendements required – Investigate and take measures in intra- community infringements – Publish the results of a request to cease an infringement – Require the cessation or prohibition of infringements. = injunction procedure.

Federal Public Service Economy, SMEs, Self-employed and Energy The implementation measures Injunction Procedure Current initiators An involved party Minister for Economy Association for Consumer Protection Non-compliance penalty = The right to require the losing defendant to make payments into the public purse in the event of failure to comply with the decision.

Federal Public Service Economy, SMEs, Self-employed and Energy The implementation measures What about the directives and regulation out of competence ? Directive 2001/83/EG  Federal Public Service for Public Health Directive 261/2004/EG  Federal Public Service for Mobility and Traffic Directive 89/552/EEG  communities Compliance with the regulation is guaranteed. General Clause (catch-all)

Federal Public Service Economy, SMEs, Self-employed and Energy The implementation measures Single Liaison Ofice Cell International Co-operation Created in agents At Director Generals general services in Brussels Prepare and implement Regulation 2006/2004

Federal Public Service Economy, SMEs, Self-employed and Energy The implementation measures Cell International Cooperation Clear Definition of the scope Communication Time

Federal Public Service Economy, SMEs, Self-employed and Energy Process Example The request To Belgian SLO = DGEM = Cell INT The investigation A reception letter Preliminary research Define the concrete actions Send over the dossier to the DGEM regional divisions Results back to INT The answer Dressed by INT Sent over to the requesting authority Inform the Commission in case of enforcement measures

Federal Public Service Economy, SMEs, Self-employed and Energy Pieter VAN VAERENBERGH Attaché International Co-operation DG Enforcement & Mediation WTC 3 - Office Boulevard Simon Bolivar 30 B-1000 BRUSSELS Phone : Fax : Website :