European Communities (Cooperation Between National Authorities Responsible For the Enforcement of Consumer Protection Laws) Regulations, 2006

• Jurisdiction: Ireland
• Citation: IR SI 290/2006

I, MICHEÁL MARTIN, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No, 27 of 1972) and for the purpose of giving further effect to Regulation (EC) No. 2006/2004 of the European Parliament and of the Council of 27 October 20041 , hereby make the following regulations: 1. These Regulations may be cited as the European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2006. 2. (1) In these Regulations -

“Council Regulation” means Regulation (EC) No. 2006/2004 of the European Parliament and of the Council of 27 October 20041 on cooperation between national authorities responsible for the enforcement of consumer protection laws;

“Financial Services Ombudsman” has the meaning assigned to it by section 2 (inserted by section 2 (d) of the Central Bank and Financial Services Authority of Ireland Act 2004 (No. 24 of 2004)) of the Central Bank Act 1942 (No. 22 of 1942);

“Irish Financial Services Regulatory Authority” means the body established by section 33B (inserted by section 26 of the Central Bank and Financial Services Authority of Ireland Act 2003 (No. 12 of 2003)) of the Central Bank Act 1942 ;

“laws that protect consumers' interests” means the Council Regulation specified at reference number 14 in column 2 of the Schedule and the legislation specified in column 3 of the Schedule;

“office of Director of Consumer Affairs” means the office established under section 9 of the Consumer Information Act 1978 (No. 1 of 1978).

(2) A word or expression that is used in these Regulations and is also used in the Council Regulation has the same meaning in these Regulations that it has in the Council Regulation. 3. The office of Director of Consumer Affairs is designated as the single liaison office responsible for the application of the Council Regulation. 4. (1) The public authority or public authorities specified in column 4 of the Schedule at a particular reference number are designated as the competent authority or competent authorities under Article 4(1) of the Council Regulation for the enforcement of those laws that protect consumers' interests specified in column 3 of the Schedule at that reference number.

(2) The public authority specified in column 4 of the Schedule at reference number 14 is also designated as the competent authority under Article 4(1) of the Council Regulation for the enforcement of the Council Regulation specified in column 2 of the Schedule at that reference number. 5. (1) Subject to paragraph (2), the competent authorities specified in column 4 of the Schedule shall exercise the powers specified in Article 4(6) of the Council Regulation.

(2) Where a power specified in subparagraph (f) or (g) of Article 4(6) of the Council Regulation is concerned, the competent authority shall apply to the High Court which is designated to exercise the powers specified in those subparagraphs.

SCHEDULE

Column 1 Column 2 Column 3 Column 4 Reference Number European Measure National Measure Public Authority 1. Council Directive 84/450/EEC of 10 September 19842 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising, as last amended by Directive 97/55/EC of 6 October 19973 of the European Parliament and of the Council European Communities (Misleading Advertising) Regulations 1988 ( S.I. No. 134 of 1988 ) Office of Director of Consumer Affairs 2. Council Directive 85/577/EEC of 20 December 19854 to protect the consumer in respect of contracts negotiated away from business premises European Communities (Cancellation of Contracts Negotiated away from Business Premises) Regulations 1989 ( S.I. No. 224 of 1989 ) Office of Director of Consumer Affairs 3. Council Directive 87/102/EEC of 22 December 19865 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit, as last amended by Directive 98/7/EC of 16 February 19986 of the European Parliament and of the Council Consumer Credit Act 1995 (No. 24 of 1995) Office of the Director of Consumer Affairs Financial Services Ombudsman Irish Financial Services Regulatory Authority 4. Articles 10 to 21 of Council Directive 89/552/EEC of 3 October 19897 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as last amended by Directive 97/36/EC of 30 June 19978 of the European Parliament and of the Council Broadcasting Act 2001 (No. 4 of 2001) Broadcasting Commission of Ireland Broadcasting Complaints Commission Radio Telefis Éireann 5. Council Directive 90/314/EEC of 13 June 19909 on...