European Union (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (No. 2) Regulations 2020.

JurisdictionIreland
CitationIR SI 21/2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st January, 2020.

I, PASCHAL DONOHOE, Minister for Finance, 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 (EU) 2017/2394 of the European Parliament and of the Council of 12 December 20171 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No. 2006/2004, hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the European Union (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (No. 2) Regulations 2020.

(2) These Regulations come into operation on 30 January 2020.

Interpretation

2. (1) In these Regulations -

“Bank” means the Central Bank of Ireland;

“Council Regulation” means Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 20172 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No. 2006/2004.

(2) A word or expression that is used in these Regulations and which is also used in the Council Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Council Regulation.

Minimum powers of Bank

3. (1) This Regulation is in addition to, and not in substitution for, the Bank’s powers under financial services legislation (within the meaning of section 3 of the Central Bank (Supervision and Enforcement) Act 2013 (No. 26 of 2013)) relating to investigations or enforcement by the Bank.

(2) For the purposes of investigations relating to the Council Regulation, the Bank shall have the investigation powers referred to in Article 9(3) of the Council Regulation.

(3) For the purpose of enforcement of the Council Regulation, the Bank shall have the enforcement powers referred to in Article 9(4)(a) to (h) of the Council Regulation.

(4) The Bank -

(a) shall have the power to start investigations or proceedings in accordance with Article 9(6) of the Council Regulation, and

(b) may publish any final decision, trader’s commitments or orders adopted pursuant to the Council Regulation in accordance with Article 9(7) of the Council Regulation.

(5) The powers referred to in paragraphs (2), (3) and (4) shall be exercised by the Bank in accordance with Article 10 of the Council Regulation.

Offences

4. (1) For the purposes of Article 9(4)(h) of the Council Regulation and the powers of enforcement conferred on the Bank under Regulation 3(3), a person who fails to comply with a decision, order, interim measure, trader’s commitment or other measure specified in Article –

(a) 9(4)(a),

(b) 9(4)(b),

(c) 9(4)(c),

(d) 9(4)(d),

(e) 9(4)(e),

(f) 9(4)(f), or

(g) 9(4)(g)(i) to (iii),

of the Council Regulation shall be guilty of an offence.

(2) Where a person commits an intra-Union infringement, a widespread infringement or a widespread infringement with a Union dimension relating to a national measure for which the Bank is designated as...

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