European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2019

• Jurisdiction: Ireland
• Citation: IR SI 691/2019
• Year: 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th January, 2020.

I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation, 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 effect to Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 20171 on co-operation 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) Regulations 2019.

(2) These Regulations come into operation on 17 January 2020.

Interpretation

2. (1) In these Regulations -

“Act of 2007” means the Consumer Protection Act 2007 (No. 19 of 2007);

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

“Commission” means the Competition and Consumer Protection Commission.

(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.

Designation of Single Liaison Office

3. The Commission is designated as the single liaison office for the purposes of Article 5 of the Council Regulation.

Designation of Competent Authorities

4. The public authority or public authorities, as the case may be, specified in column 4 of the Schedule at a particular reference number are designated as the competent authority or competent authorities under Article 5(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.

Minimum powers of Commission

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

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

(3) The Commission –

(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.

(4) The powers referred to in paragraphs (1), (2) and (3) shall be exercised by the Commission in accordance with Article 10 of the Council Regulation.

External alerts

6. The European Consumer Centre Ireland is designated for the purpose of issuing alerts under Article 27 of the Council Regulation.

Offences

7. (1) For the purposes of Article 9(4)(h) of the Council Regulation and the powers of enforcement conferred on the Commission under Regulation 5(2), 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 Commission is designated as the competent authority under Article 5(1) of the Council Regulation, he or she commits an offence.

(3) For the purposes of paragraph (2) and Regulation 8(2), a “national measure” means the following:

(a) Section 79 of the Act of 2007;

(b) Regulation 10(6) of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 ( S.I. No. 27 of 1995 );

(c) Regulation 12 of the European Communities (Requirements to Indicate Product Prices) Regulations 2002 ( S.I. No. 639 of 2002 );

(d) European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 ( S.I. No. 11 of 2003 );

(e) Regulation 25 of the European Communities (Directive 2000/31/EC) Regulations 2003 ( S.I. No. 68 of 2003 );

(f) European Communities (Misleading and Comparative Marketing Communications) Regulations 2007 ( S.I. No. 774 of 2007 );

(g) Regulation 46(5) of the European Union (Provision of Services) Regulations 2010 ( S.I. No. 533 of 2010 );

(h) Regulation 24 of the European Union (Protection of Consumers in respect of timeshare, Long-term Holiday Product, Resale and Exchange Contracts) Regulations 2011 ( S.I. No. 73 of 2011 );

(i) Regulation 38 of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 ( S.I. No. 484 of 2013 );

(j) Regulation 18(5) of the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 ( S.I. No. 343 of 2015 );

(k) Regulation 4(2) of the European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015 ( S.I. No. 500 of 2015 );

(l) European Union (Casual Trading Act 1995) Regulations 2018 (S.I. No. 508 of 2018);

(m) Regulation 5(2) of the European Union (Unjustified Geo-blocking of Consumers) Regulations 2018 (S.I. No. 513 of 2018).

Penalties

8. (1) A person who commits an offence under Regulation 7(1) shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months, or to both.

(2) Where a person commits an offence under a national measure and, the offence concerned also constitutes an offence under Regulation 7(2), the penalty in respect of the 2nd mentioned offence shall be the penalty specified in the national measure in respect of the first mentioned offence concerned.

Amendment of Act of 2007

9. The Act of 2007 is amended -

(a) in section 90(1) –

(i) in paragraph (h), (inserted by the European Union (Unjustified Geo-blocking of Consumers) Regulations 2018 (S. I. No. 513 of 2018) by the substitution of “… 2018);” for “… 2018).”, and

(ii) by the insertion of the following paragraph after paragraph (h):

“(i) any contravention of the European Union (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2019 (S.I. No. 691 of 2019).”, and

(b) in Schedule 1, Part 2 –

(i) in column (1), by the deletion of “ S.I. No. 290 of 2006 ”, and

(ii) in column (2), by the deletion of “European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2006”,

(c) in Schedule 4, by the insertion –

(i) in Column (1), of “S.I. No. 691 of 2019”, and

(ii) in Column (2), of “European Union (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2019”, and

(d) in Schedule 5, by the insertion -

(i) in Column (1), of “S.I. No. 691 of 2019”, and

(ii) in Column (2), of “European Union (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2019”.

Construction of references

10. (1) Sections 10(1), 24, 35 and 36 of the Competition and Consumer Protection Act 2014 (No. 29 of 2014) shall apply for the purposes of these Regulations subject to the modification that references to the relevant statutory provisions shall be construed as a reference to these Regulations.

(2) Section 87 of the Act of 2007 shall apply for the purposes of these Regulations subject to the modification that references to the relevant statutory provisions shall be construed as a reference to these Regulations.

Revocation of regulations

11. The following regulations are revoked:

(a) European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2006 ( S.I. No. 290 of 2006 );

(b) European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (Amendment) Regulations 2008 ( S.I. No. 316 of 2008 );

(c) European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (Amendment) Regulations 2012 ( S.I. No. 485 of 2012 );

(d) European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (Amendment) Regulations 2013 ( S.I. No. 122 of 2013 ), and

(e) European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (Amendment) (No. 2) Regulations 2013 ( S.I. No. 200 of 2013 ).

Regulation 4

Schedule

Column 1 Column 2 Column 3 Column 4 Reference Number European Measure National Measure Public Authority 1. Council Directive 93/13/EEC of 5 April 19933 on unfair terms in consumer contracts. European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 ( S.I. No. 27 of 1995 ) Act of 2007 Competition and Consumer Protection Act 2014 (No. 29 of 2014) Communications Regulation Act 2002 (No. 20 of 2002) Central Bank Act 1942 (No. 22 of 1942) Central Bank (Supervision and Enforcement) Act 2013 (No. 26 of 2013) Commission Commission for Communications Regulation Central Bank of Ireland 2. Directive 98/6/EC of the European Parliament and of the Council of 16 February 19984 on consumer protection in the indication of the prices of products offered to consumers. European Communities...