494. Regulation of the Federal Minister for Labour, Social Affairs and Consumer Protection on the assessment of consumer protection policy implications in the context of impact-oriented impact assessment in the case of regulatory projects and other projects (WFA-Consumer Protection Policy-Regulation-WFA-KV)

On the basis of § 17 paragraph 3 Z 3 of the Federal Budget Act 2013 (BHG 2013), BGBl. I n ° 139/2009, as last amended by the Federal Law BGBl. I n ° 62/2012, is to be arranged in agreement with the Federal Chancellor and the Federal Minister for Finance:

Subject matter

§ 1. (1) This Regulation regulates the assessment of consumer protection policy effects in the context of impact-oriented impact assessment in accordance with § 17 BHG 2013.

(2) It contains methodological requirements for the simplified and in-depth assessment of the effects of regulatory projects and of projects of exceptional financial significance in accordance with § 58 (2) of the BHG 2013.

Simplified Estimation

§ 2. In the context of the simplified assessment, it is necessary to examine, in accordance with the requirements set out in Annex 1, whether the impact dimension of consumer protection policy is likely to be substantially affected. For this purpose, the corresponding materiality criteria of the WFA-GV are to be used.

In-depth estimation

§ 3. (1) In the context of the in-depth assessment, the likely significant consumer protection policy implications shall be examined in greater detail in accordance with the requirements set out in Annex 2.

(2) In accordance with the requirements set out in Appendix 2, a qualitative description and, where appropriate, data are available, a quantitative estimate of the effects with regard to

1.		the relationship between consumers and companies and the financial impact on consumer products in this context;
2.		Consumer protection institutions and government-approved debt advisory services;
3.		of the health or safety of consumers in connection with products or services

,

(3) In the estimation of the effects, consideration should be given to particularly vulnerable groups of consumers (e.g. children, senior citizens, people with disabilities).

entry into force

§ 4. This Regulation shall enter into force 1. Jänner 2013 in force.

Hundstorfer

Appendix 1 to § 2

Simplified impact assessment of consumer protection policy implications

The simplified estimation shall include answers to the following questions:

Impact on consumer protection policy	Questions
1) Relationship between the consumer and the company	Has the scheme/project -Impact on the relationship between consumer and business? How many consumers are likely to be directly and/or potentially affected? -direct financial impact on consumers in their relationship with companies? What is the extent of these financial implications?
2) Consumer protection institutions	Does the scheme/project have legal or financial implications for consumer protection institutions, including state-recognised debt advisory services?
3) Health and safety in relation to products or services	Does the scheme/project impact on the health or safety of consumers in relation to products or services?

Appendix 2 to § 3

In-depth assessment of consumer protection policy implications

The in-depth estimation shall include answers to the following questions:

1. Relationship with enterprises

Has the scheme/project impact on the position of consumers in relation to the following factors:	In-depth questions
Supply and security of supply?	What is the impact on the availability and quality of goods and services? How will security of supply be influenced, in particular, in goods or services 'of general interest'? How many consumers are likely to be affected?
Legal position and enforcement?	What is the impact on the legal position of consumers and their possibilities for law enforcement? How many consumers are likely to be affected?
financial position?	How will the financial position of the consumer change? What are the quantitative implications for the financial situation of consumers in a typical subsequent year?

2. Consumer Protection Agencies

Has the scheme/project impact on	In-depth questions
Consumer protection institutions (e.g. advisory services) and state-approved debt advisory services?	Will the legal position of consumer protection institutions be changed? How will the consulting effort be changed?

3. Health and Safety

Has the scheme/project impact on	In-depth questions
the health and/or safety of consumers in connection with products or services?	How will the health and/or safety of consumers be influenced in connection with products or services? How many consumers are likely to be affected?