2005/752/EC: Commission Decision of 24 October 2005 establishing an expert group on electronic commerce

Article 1

An expert group on electronic commerce (hereinafter referred to as the Group) is established.

Mission

Article 2

The Commission can consult the Group on any questions relating to the directive on electronic commerce. This covers, among others, the following areas: — administrative cooperation in the context of Article 3(4) to (6) procedure to restrict the freedom to provide services against a given information society service provider, — information on codes of conduct drawn up at Community level by trade, professional and consumer associations or organisations, designed to contribute to the proper implementation of Articles 5 to 15 of the Directive (Article 16 of the Directive), — codes of conduct on on-line advertising by regulated professions (Article 8 of the Directive), — national case law, especially related to the liability provisions, including decisions taken in out-of-court dispute settlement (Articles 17 and 19(5) of the Directive), — areas currently outside the scope of the liability section of the Directive but referred to in Article 21, such as: ‘notice and take down’ procedures, hyperlinks and search engines, — scope of the subsequent evaluation reports on the application of the Directive on electronic commerce (Article 21 of the Directive). The chairman of the Group may suggest that the Commission consults the Group on any related matter. Administrative cooperation matters that also fall within the scope of Regulation (EC) No 2006/2004 concerning the provisions of Directive 2000/31/EC that protect consumers' interests should also be dealt with by the Committee set up for the implementation of Regulation (EC) No 2006/2004. The latter will regularly keep the Expert Group informed.

Composition — nomination

Article 3

1.   The members of the group should be national contact points appointed under Article 19(2) of the Directive on electronic commerce (one member per Member State) and representatives of the Commission. 2.   The Group comprises the number of members corresponding to the number of Member States of the European Community and representatives of the Commission. 3.   Members remain in function until their replacement or until the end of their mandate. 4.   Members who are not capable anymore to contribute efficiently to the works of the group, who resign or who do not respect the conditions outlined under Article 3(1) or Article 287 of the Treaty, may be replaced by an alternative Member, for the remaining duration of their mandate.

Functioning

Article 4

The Group shall be chaired by a representative of the Commission. The Group, in agreement with the Commission, may set up working groups to study specific subjects on the basis of a mandate. The working groups will be dissolved as soon as their mandates are fulfilled. The Commission may invite experts and observers with specific knowledge to participate in the work of the Group and/or of the working groups. Information obtained during the works of the group or of the sub-groups may not be disseminated if the Commission is of the opinion they are confidential. The expert group on electronic commerce shall adopt agreed rules of procedure on the basis of a model adopted by the Commission (Annex III of SEC(2005) 1004).

Meetings

Article 5

The Group and the sub-groups shall normally meet at the Commission premises, in the form and according to the timetable determined by the Commission. The Secretariat of the Group shall be provided by the Commission. Interested staff members from the Commission may be present at meetings of the Group and of the working groups and may take part in the debates. The Commission may publish on the Internet, in the original language of the document concerned, any conclusion, summary, part conclusion or working paper relating to the Group or its working groups.

Meeting expenses

Article 6

Travel and subsistence expenses incurred by members, observers and experts, in connection with the activities of the Group, shall be reimbursed by the Commission in accordance with the provisions in force within the Commission. Their functions shall not be remunerated.

Entry into force

Article 7

This decision shall apply from the day of its publication in the Official Journal of the European Union .