Article 1
The Annex to Decision 2007/76/EC is amended in accordance with the Annex to this Decision.
2011/141/EU: Commission Decision of 1 March 2011 amending Decision 2007/76/EC 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 C(2011) 1165) Text with EEA relevance
2011/141/EU: Commission Decision of 1 March 2011 amending Decision 2007/76/EC 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 C(2011) 1165) Text with EEA relevance
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Article 2
This Decision is addressed to the Member States.
Supplementary provisions
ANNEXSupplementary provisions
ANNEX The Annex to Decision 2007/76/EC is amended as follows: (1) point 2.1.3 is replaced by the following: ‘2.1.3. If no agreement can be reached, the requested authority shall issue a response supplying all the relevant information at its disposal and indicating the investigation and enforcement actions taken or planned (including time limits) no later than 14 days after the date of receipt of a request via its single liaison office. The requested authority shall update the applicant authority on these actions on a regular basis as appropriate but at least every 3 months until: (a) any relevant information required to establish whether an intra-Community infringement has occurred or to establish whether there is a reasonable suspicion it may occur has been sent to the applicant authority; or (b) the intra-Community infringement has ceased or the request has proved to be unfounded.’; (2) in point 2.1.5, the following paragraphs are added: ‘A competent authority shall, as soon as it discovers that a request for mutual assistance pursuant to Articles 6, 7 and 8 of Regulation (EC) No 2006/2004 contains erroneous data that can not be corrected by other means, request the Commission to remove the information from the database as soon as technically possible and, in any case, not later than 7 days after receiving the request for deletion. All other information relating to requests for mutual assistance pursuant to Article 6 of Regulation (EC) No 2006/2004 shall be removed from the database 5 years after the closure of the case.’; (3) in point 2.2.2 the following paragraph is added: ‘Founded alerts shall be removed from the database 5 years after they are issued.’; (4) in Chapter 4, the heading is replaced by the following: ‘4. CHAPTER 4 – ACCESS TO INFORMATION EXCHANGED AND DATA PROTECTION’; (5) the following points 4.3 and 4.4 are inserted: ‘4.3. Commission access to data The Commission’s access to data shall be limited to what is required under Regulation (EC) No 2006/2004. This includes access to alerts pursuant to Article 7(1), to notifications pursuant to Articles 7(2) and 8(6), and to information relating to the coordination of market surveillance and enforcement activities pursuant to Article 9 and to conditions pursuant to Article 15(5) of Regulation (EC) No 2006/2004. 4.4. Sensitive data The processing by competent authorities of personal data linked to race, ethnicity, political opinions, religion, trade-union membership, health or sex life shall be prohibited, unless the fulfilment of the obligations under Regulation (EC) No 2006/2004 is otherwise impossible and the processing of such data is permitted under Directive 95/46/EC. The use by competent authorities of personal data linked to offences, suspected offences and security measures shall be limited to the specific purposes of mutual assistance as defined in Regulation (EC) No 2006/2004.’; (6) Chapter 6 is replaced by the following: ‘6. CHAPTER 6 – COORDINATION OF MARKET SURVEILLANCE AND ENFORCEMENT ACTIVITIES 6.1. When applying Article 9(2) of Regulation (EC) No 2006/2004, the authorities who have agreed to coordinate their enforcement activities may decide on all the necessary steps to ensure adequate coordination and shall carry them out to the best of their abilities. 6.2. A competent authority may refuse to follow an invitation to participate in coordinated enforcement activities, following consultation with the inviting authority if: (a) judicial proceedings have already been initiated or a final judgment has already been passed in respect of the same intra-Community infringements and against the same sellers or suppliers before the judicial authorities in the Member State of the requested or applicant authority; (b) in its opinion, following appropriate investigation, it is not concerned by the intra-Community infringement. If a competent authority decides to decline an invitation to participate in coordinated enforcement activities it shall state the reasons of its decision. This point shall be without prejudice to the application of Articles 6 and 8 of Regulation (EC) No 2006/2004. 6.3. In order to fulfil their obligations pursuant to Article 9(2) of Regulation (EC) No 2006/2004, the competent authorities concerned may decide that one of them shall coordinate the enforcement action. The competent authorities, while taking into account the specific features of each case, shall in principle designate as coordinating authority the authority where the trader has its headquarters or main centre of activities, or where the greater number of consumers affected are located. 6.4. The Commission shall facilitate the coordination of activities pursuant to Article 9(1) and (2) of Regulation (EC) No 2006/2004 if invited. 6.5. The competent authority designated as coordinating authority pursuant to 6.3 shall at least be responsible for the following: (a) managing the communication between the authorities participating in the coordinated activities through appropriate means; (b) drafting a short summary report at the end of the coordinated activity when appropriate; (c) closing the coordinated enforcement activity in the database as soon as technically possible and in any case within 7 days after the last mutual assistance request issued between two competent authorities participating in coordinated enforcement activities is closed by the applicant authority concerned. The obligations of the coordinating authority shall not affect the information requirements incumbent upon the other participating competent authorities in accordance with Regulation (EC) No 2006/2004 and its implementing rules. 6.6. In addition to the information requirements required for mutual assistance pursuant to Articles 6, 7 and 8 of Regulation (EC) No 2006/2004, when a competent authority decides to invite other authorities to coordinate enforcement activities it shall provide at least the following information: (a) the details of the competent authority inviting to coordinate the enforcement activities; (b) the name of the seller or supplier; (c) the name of the product or service; (d) the classification code; (e) the advertising or sales medium involved; (f) the legal basis; (g) a short summary of the infringement; (h) a summary of the aims of the coordinated activities.’.
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
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