S.I. No. 14/2020 - European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2020


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st 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 2020.

(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) Chapters 1, 2, 3 and 4 of Part 3 and section 79 of the Act of 2007;

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

(c) 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) 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) European Union (Provision of Services) Regulations 2010 ( S.I. No. 533 of 2010 );

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

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

(k) 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) 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 second 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 2020 (S.I. No. 14 of 2020).”, 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. 14 of 2020”, and

(ii) in Column (2), of “European Union (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2020”, and

(d) in Schedule 5, by the insertion -

(i) in Column (1), of “S.I. No. 14 of 2020”, and

(ii) in Column (2), of “European Union (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2020”.

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 );

(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 );

(f) European Union (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2019 (S.I. No. 691 of 2019).

Schedule

Regulation 4

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 (Requirements to Indicate Product Prices) Regulations 2002

( S.I. No. 639 of 2002 )

Consumer Protection Act 2007 (No. 19 of 2007)

Competition and Consumer Protection Act 2014 (No. 29 of 2014)

Commission

3.

Directive 1999/44/EC of the European Parliament and of the Council of 25 May 19995 on certain aspects of the sale of consumer goods and associated guarantees.

European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003

( S.I. No. 11 of 2003 )

Act of 2007

Competition and Consumer Protection Act 2014 (No. 29 of 2014)

Commission

4.

Directive 2000/31/EC of the European Parliament and of the Council of 8 June 20006 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (“Directive on electronic commerce”).

European Communities (Directive 2000/31/EC) Regulations 2003

( S.I. No. 68 of 2003 )

Act of 2007

Competition and Consumer Protection Act 2014 (No. 29 of 2014)

Commission

5.

Directive 2001/83/EC of the European Parliament and of the Council of 6 November 20017 on the Community code relating to medicinal products for human use (Articles 86 to 100).

Medicinal Products (Control of Advertising) Regulations 2007

( S.I. No. 541 of 2007 )

Irish Medicines Board Act 1995 (No. 29 of 1995)

Health Products Regulatory Authority

6.

Directive 2002/58/EC of the European Parliament and of the Council of 12 July 20028 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (Article 13).

European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011

( S.I. No. 336 of 2011 )

Communications Regulation Act 2002 (No. 20 of 2002)

Data Protection Commission

Commission for Communications Regulation

7.

Directive 2002/65/EC of the European Parliament and of the Council of 23 September 20029 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC.

European Communities (Distance Marketing of Consumer Financial Services) Regulations 2004

( S.I. No. 853 of 2004 )

Act of 2007

Competition and Consumer Protection Act 2014 (No. 29 of 2014)

Central Bank Act 1942 (No. 22 of 1942)

Central Bank (Supervision and Enforcement) Act 2013 (No. 26 of 2013)

Commission

Central Bank of Ireland

8.

Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 200410 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.

Aviation Regulation Act 2001 (No. 1 of 2001)

Aviation Act 2006 (No. 7 of 2006)

Commission for Aviation Regulation

9.

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 200511 concerning unfair business- to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No. 2006/2004 of the European Parliament and of the Council (“Unfair Commercial Practices Directive”).

Act of 2007

Competition and Consumer Protection Act 2014 (No. 29 of 2014)

Commission

Central Bank of Ireland

10.

Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July 200612 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

European Communities (Rights of Disabled Persons and Persons With Reduced Mobility When Travelling By Air) Regulations 2008

( S.I. No. 299 of 2008 )

Aviation Regulation Act 2001 (No. 1 of 2001)

Commission for Aviation Regulation

11.

Directive 2006/114/EC of the European Parliament and of the Council of 12 December 200613 concerning misleading and comparative advertising (Article 1, point (c) of Article 2 and Articles 4 to 8).

European Communities (Misleading and Comparative Marketing Communications) Regulations 2007

( S.I. No. 774 of 2007 )

Act of 2007

Competition and Consumer Protection Act 2014 (No. 29 of 2014)

Commission

12.

Directive 2006/123/EC of the European Parliament and of the Council of 12 December 200614 on services in the internal market (Article 20).

European Union (Provision of Services) Regulations 2010

( S.I. No. 533 of 2010 )

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

Minister for Business, Enterprise and Innovation

13.

Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23 October 200715 on rail passengers’ rights and obligations.

European Communities (Rail Passengers’ Rights and Obligations) Regulations 2010

( S.I. No. 646 of 2010 )

Dublin Transport Authority Act 2008 (No. 15 of 2008)

National Transport Authority

14.

Directive 2008/48/EC of the European Parliament and of the Council of 23 April 200816 on credit agreements for consumers and repealing Council Directive 87/102/EEC.

European Communities (Consumer Credit Agreements) Regulations 2010

( S.I. No. 281 of 2010 )

Central Bank Act 1942 (No. 22 of 1942)

Central Bank (Supervision and Enforcement) Act 2013 (No. 26 of 2013)

Central Bank of Ireland

15.

Regulation (EC) No. 1008/2008 of the European Parliament and of the Council of 24 September 200817 on common rules for the operation of air services in the Community (Articles 22, 23 and 24).

European Communities (Common Rules for the Operation of Air Services in the Community) Regulations 2008

( S.I. No. 426 of 2008 )

Aviation Regulation Act 2001 (No. 1 of 2001)

Commission for Aviation Regulation

16.

Directive 2008/122/EC of the European Parliament and of the Council of 14 January 200918 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts.

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 )

Act of 2007

Competition and Consumer Protection Act 2014 (No. 29 of 2014)

Commission

17.

Directive 2010/13/EU of the European Parliament and of the Council of 10 March 201019 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Articles 9, 10, 11 and Articles 19 to 26).

Broadcasting Act 2009 (No. 18 of 2009)

Broadcasting Authority of Ireland

18.

Regulation (EU) No. 1177/2010 of the European Parliament and of the Council of 24 November 201020 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004.

European Union (Rights of Passengers when Travelling by Sea and Inland Waterway) Regulations 2012

( S.I. No. 394 of 2012 )

Dublin Transport Authority Act 2008 (No. 15 of 2008)

National Transport Authority

19.

Regulation (EU) No. 181/2011 of the European Parliament and of the Council of 16 February 201121 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004.

European Union (Rights of Passengers when Travelling by Bus and Coach Transport) Regulations 2013

( S.I. No. 152 of 2013 )

Dublin Transport Authority Act 2008 (No. 15 of 2008)

National Transport Authority

20.

Directive 2011/83/EU of the European Parliament and of the Council of 25 October 201122 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.

European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013

( S.I. No. 484 of 2013 )

Act of 2007

Competition and Consumer Protection Act 2014 (No. 29 of 2014)

Communications Regulation Act 2002 (No. 20 of 2002)

Commission

Commission for Communications Regulation

21.

Directive 2013/11/EU of the European Parliament and of the Council of 21 May 201323 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (Article 13).

European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015

( S.I. No. 343 of 2015 )

Act of 2007

Competition and Consumer Protection Act 2014 (No. 29 of 2014)

Commission

22.

Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 201324 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) (Article 14).

European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015

( S.I. No. 500 of 2015 )

Act of 2007

Competition and Consumer Protection Act 2014 (No. 29 of 2014)

Commission

23.

Directive 2014/17/EU of the European Parliament and of the Council of 4 February 201425 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No. 1093/2010 (Articles 10, 11, 13, 14, 15, 16, 17, 18, 21, 22, 23, Chapter 10 and Annexes I and II).

European Union (Consumer Mortgage Credit Agreements) Regulations 2016

( S.I. No. 142 of 2016 )

Central Bank Act 1942 (No. 22 of 1942)

Central Bank (Supervision and Enforcement) Act 2013 (No. 26 of 2013)

Financial Services and Pensions Ombudsman Act 2017 (No. 22 of 2017)

Central Bank of Ireland

24.

Directive 2014/92/EU of the European Parliament and of the Council of 23 July 201426 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (Articles 3 to 18 and Article 20(2)).

European Union (Payment Accounts) Regulations 2016

( S.I. No. 482 of 2016 )

Central Bank Act 1942 (No. 22 of 1942)

Central Bank (Supervision and Enforcement) Act 2013 (No. 26 of 2013)

Financial Services and Pensions Ombudsman Act 2017 (No. 22 of 2017)

Central Bank of Ireland

25.

Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 201527 on package travel and linked travel arrangements, amending Regulation (EC) No. 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC.

European Union (Package Travel And Linked Travel Arrangements) Regulations 2019

(S.I. No. 80 of 2019)

Act of 2007

Competition and Consumer Protection Act 2014 (No. 29 of 2014)

Aviation Act 2006 (No. 7 of 2006)

Commission for Aviation Regulation

Commission

26.

Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 201728 on cross-border portability of online content services in the internal market.

No requirement for any provisions to be implemented by national measures

No requirement for the designation of a competent authority

27.

Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 201829 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No. 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (in relation to consumers).

European Union (Unjustified Geo-blocking of Consumers) Regulations 2018

(S.I. No. 513 of 2018)

Act of 2007

Competition and Consumer Protection Act 2014 (No. 29 of 2014)

Commission

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GIVEN under my Official Seal,

14 January, 2020.

HEATHER HUMPHREYS,

Minister for Business, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be legal interpretation).

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

The Council Regulation lays down the conditions under which competent authorities, having been designated by their Member States as responsible for the enforcement of the Union laws listed in the Annex to the Regulation, cooperate and coordinate actions with each other and with the Commission, in order to enforce compliance with those laws which will enhance the protection of consumers’ economic interests and ensure the smooth functioning of the internal market.

These regulations designate:

• The Competition and Consumer Protection Commission as the Single Liaison Office for the purposes of co-ordinating the application of the Council Regulation between authorities in Ireland and other EU member states.

• The European Consumer Centre Ireland for the purpose of issuing external alerts under Article 27 of the Council Regulation.

• The Public Authorities in the State who are responsible for enforcing the Union laws listed in the Annex to the Council Regulation.

These regulations provide the Competition and Consumer Protection Commission with the investigative and enforcement powers required under Article 9 of the Council Regulation and provide for the revocation of those S.I.s currently on the statute book which implemented Regulation (EC) No. 2006/2004 which has now been repealed.

They also revoke S.I. No. 691 of 2019 which has been replaced by this S.I.

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2 OJ No L 345 27.12.2017, p. 1.

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4 OJ No. L 80, 18.3.1998, p. 27.

5 OJ No. L 171, 7.7.1999, p. 12.

6 OJ No. L 178, 17.7.2000, p. 1.

7 OJ No. L 311, 28.11.2001, p. 67.

8 OJ No. L 201, 31.7.2002, p. 37.

9 OJ No. L 271, 9.10.2002, p. 16.

10 OJ No. L 46, 17.2.2004, p. 1.

11 OJ No. L 149, 11.6.2005, p. 22.

12 OJ No. L 204, 26.7.2006, p. 1.

13 OJ No. L 376, 27.12.2006, p. 21.

14 OJ No. L 376, 27.12.2006, p. 36.

15 OJ No. L 315, 3.12.2007, p. 14.

16 OJ No. L 133, 22.5.2008, p. 66.

17 OJ No. L 293, 31.10.2008, p. 3.

18 OJ No. L 33, 3.2.2009, p. 10.

19 OJ No. L 95, 15.4.2010, p. 1.

20 OJ No. L 334, 17.12.2010, p. 1.

21 OJ No. L 55, 28.2.2011, p. 1.

22 OJ No. L 304, 22.11.2011, p. 64.

23 OJ No. L 165, 18.6.2013, p. 63.

24 OJ No. L 165, 18.6.2013, p. 1.

25 OJ No. L 60, 28.2.2014, p. 34.

26 OJ No. L 257, 28.8.2014, p. 214.

27 OJ No. L 326, 11.12.2015, p. 1.

28 OJ No. L 168, 30.6.2017, p. 1.

29 OJ No. L 60I, 2.3.2018, p. 1.