Commission Decision of 22 December 2006 implementing Regulation (EC) No 2006/2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws as regards mutual assistance (notified under document number C(2006) 6903) (Text with EEA relevance) (2007/76/EC)

1. CHAPTER 1 — INFORMATION REQUIREMENTS

1.1. Information fields to be made available to competent authorities in the database standard forms

The fields to be made available in the different database standard forms may be defined as follows:

(a) Details of the authorities and officials dealing with intra-Community-infringements

(i)

competent authority,

(ii)

single liaison office,

(iii)

competent official,

(b) Details of the seller or supplier responsible for an intra-Community infringement or a suspected intra-Community infringement

(i)

name,

(ii)

other trading names,

(iii)

name of parent company, if any,

(iv)

type of business,

(v)

address(es),

(vi)

E-mail address,

(vii)

telephone number,

(viii)

fax number,

(ix)

website,

(x)

IP address,

(xi)

name(s) of company director(s), if any.

(c) Information relating to exchanges of information without requests (alerts) (Article 7 of Regulation (EC) No 2006/2004)

(i)

type of intra-Community infringement,

(ii)

status of intra-Community infringement (verified, reasonable suspicion),

(iii)

legal basis,

(iv)

short summary,

(v)

estimated number of consumers likely to harmed and estimated financial detriment,

(vi)

any requirement for confidential treatment.

(vii)

attached documents (in particular relating to statements and other evidence.)

(d) Information relating to requests for mutual assistance (Articles 6 and 8 of Regulation (EC) No 2006/2004)

(i)

location of consumers likely to be harmed,

(ii)

name of product or service,

(iii)

COICOP code, [Classification of Individual Consumption According to Purpose (United Nations statistical methodology, http://unstats.un.org/unsd/cr/registry/regcst.asp? Cl=5)]]

(iv)

legal basis,

(v)

advertising or sales medium involved,

(vi)

type of intra-Community infringement,

(vii)

status of intra-Community infringement (verified, reasonable suspicion),

(viii)

estimated number of consumers likely to be harmed and estimated financial detriment,

(ix)

proposed time-table for a response,

(x)

attached documents (in particular relating to statements and other evidence.) and any requirement for confidential treatment,

(xi)

indication of the assistance requested,

(xii)

reference to alert (if applicable),

(xiii)

list of requested authorities and Member States concerned,

(xiv)

request for a competent official to participate in investigation (Article 6(3) of Regulation (EC) No 2006/2004).

1.2. Minimum information to be included in requests for mutual assistance and alerts (Articles 6, 7 and 8 of Regulation (EC) No 2006/2004)

1.2.1. When issuing a request for mutual assistance or an alert, a competent authority shall supply all information at its disposal that may be useful for other competent authorities to fulfil the request efficiently or ensure a proper follow-up to the alert, and indicate whether any of the information supplied must be given confidential treatment.

1.2.2. When requesting information under Article 6 of Regulation (EC) No 2006/2004, the applicant authority shall at least:

a)

inform the requested authority of the nature of the suspected intra-Community infringement and its legal basis

b)

provide sufficient elements to identify the conduct or practice under investigation;

c)

specify the information requested.

1.2.3. When issuing a request for enforcement measures under Article 8 of Regulation (EC) No 2006/2004, the applicant authority shall provide the requested authority at least with:

a)

an identification of the seller or supplier against whom the measures are requested;

b)

details of the conduct or practice concerned;

c)

legal qualification of the intra-Community infringement under the applicable law, and its legal basis.

d)

evidence of harm to the collective interests of consumers, including if possible an estimate of the number of consumers likely to be harmed.

1.3. Responses to requests for mutual assistance

1.3.1. When responding to a request for information under Article 6 of Regulation (EC) No 2006/2004, a requested authority shall supply any information specified by the applicant authority which is necessary to establish whether an intra-Community infringement has occurred or whether there is a reasonable suspicion that it may occur.

1.3.2. When responding to a request for enforcement measures under Article 8 of Regulation (EC) No 2006/2004, the requested authority shall inform the applicant authority of the actions taken or planned and the powers exercised to address the request.

1.3.3. In all cases, the requested authority shall indicate whether any of the information supplied must be given confidential treatment.

1.3.4. If a competent authority refuses to comply with a request as provided for in Article 15(2), (3) and (4) of Regulation (EC) No 2006/2004, it must include in its response a statement of grounds for that refusal.

1.4. Additional powers granted to competent authorities under national law

Member States shall inform the Commission and the other Member States, via the discussion forum which shall be made available in the database, of any additional investigation and enforcement powers granted to competent authorities in addition to those set out in Article 4(6) of Regulation (EC) No 2006/2004.

1.5. Designation of bodies having a legitimate interest in the cessation or prohibition of intra-Community infringements in accordance with Article 8(3) of Regulation (EC) No 2006/2004

1.5.1. When, in accordance with Article 5(1) of Regulation (EC) No 2006/2004, a Member State communicates to the Commission and the other Member States the identity of a body designated in accordance with the second sentence of Article 4(2) of that Regulation as having a legitimate interest in the cessation or prohibition of intra-Community infringements, it shall specify the investigative and enforcement powers granted to that body.

1.5.2. A requested authority which intends, pursuant to Article 8(3) of Regulation (EC) No 2006/2004, to instruct a body having a legitimate interest in the cessation or prohibition of intra-Community infringements, shall provide the applicant authority with sufficient information about that body to enable the applicant authority to establish that the conditions set out in Article 8(4) are met. It shall also obtain the prior agreement of the applicant authority as regards the instruction of that body, specifying the nature and details of the information communicated by the applicant authority that the requested authority may disclose to that body.