Key Benefits:
Law of 28 February 2013 laying down rules on the establishment of the Consumer and Market Authority (Consumer Law Authority and Markets Authority)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to streamline the supervision of markets in order to promote the quality of supervision and protection of consumer interest, and therefore to lay down rules which control so much. -possibly under one independent supervisory authority;
It is true that we, the Department of Consultative Affairs of the Council of State, and with the mean consultations of the States-General, have found and understand the same as We approve and understand:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
- Consumer Authority and Market Authority: the Consumer and Market Authority, mentioned in Article 2, first paragraph ;
- binding designation: an independent burden imposed on an infringement;
- market organization:
1. a legal person, natural person or any other entity acting in the exercise of an occupation or business, including an undertaking as provided for in Article 101 of the Treaty on the Functioning of the European Union;
2. an organisation in which more than one legal person, natural persons or other entities acting in the exercise of an occupation or business are united, including an association of undertakings, as referred to in Article 101 of the Treaty on the functioning of the European Union;
- Our Minister: Our Minister for Economic Affairs;
- Single load: the single burden of performing certain acts, intended to be carried out in accordance with Article 5:2, 2nd paragraph, of the General Law governing the administrative law , in order to promote compliance with legal requirements.
1 There is a Consumer and Market Authority.
2 The Consumer and Market Authority is in charge of the duties assigned to it by or under the law.
3 The Consumer and Market Authority also has the task of providing information on the rights and obligations of consumers, within the framework of the tasks referred to in the second paragraph. In doing so, it shall use an information set.
4 The tasks of the Authority and Consumer Market are to conduct market surveys and reports on their own initiative, if they consider that they are useful for the performance of the tasks referred to in the second paragraph.
5 The aim of the Consumer and Market Authority is to promote well-functioning markets, of orderly and transparent market processes, and to ensure careful treatment of consumers. This means monitoring, promoting and protecting effective competition and the conditions of competition on markets and the removal of barriers to such protection.
6 The application of the Framework Law on self-employed administrative bodies shall have due regard to the tasks performed by the Consumer Authority in the public entities Bonaire, Sint Eustatius and Saba.
1 The Consumer and Market Authority is composed of three members, including the Chairman.
2 Appointment shall take place on the basis of the expertise necessary for the performance of the tasks of the Consumer and Market Authority, as well as on the basis of social knowledge and experience.
3 The chairman shall be appointed for a period of seven years and the other members shall be appointed for a period of five years. The chairman and the other members may be reappointed for the same period.
4 In the case of a vacancy, by derogation from paragraph 1, the remaining members shall be the Authority of Consumer and Market with the powers of the full Authority for a period not exceeding nine months after the opening of the vacancy. Consumer and Market.
5 Without prejudice Article 13 (1) of the Framework Law on independent administrative bodies a member does not have any financial or other interests which may lead to his impartiality in the proceedings.
6 A member of the Consumer and Market Authority makes a written statement every year that he has no interests as referred to in the fifth paragraph. That declaration shall state all the direct and indirect interests which may affect the exercise of its function.
7 Without prejudice Article 12 of the Framework Law on independent administrative bodies Our Minister makes a decision to resign by notifying the business contents of that decision in the State Gazette. The reasons for dismissal shall be made public in that notification if requested by the person concerned.
1 The Consumer and Market Authority shall adopt rules governing the rules of management.
2 The Consumer and Market Authority shall make the rules of management after the approval, as referred to in Article 11 of the Framework Law on independent administrative bodies , well known in the State Gazette.
1 Our Minister proposes for the implementation of the Article 2, second paragraph These tasks, personnel at the disposal of the Consumer and Market Authority.
2 The Consumer and Market Authority shall draw up a mandate scheme for the powers of the staff.
3 The system of mandatation need approval from our Minister. Our Minister shall withhold approval if the mandatation scheme may, in his opinion, impede the performance of the Authority by the Authority and Consumer. The mandatation scheme will be published in the Official Journal after approval by the Consumer and Consumer Authority.
4 If Our Minister considers that the mandatation scheme hinders a good exercise of duties, he may request the Consumer Authority and Market Authority to amend the mandatation scheme.
5 If within thirteen weeks the Consumer and Market Authority has not acted as a result of a request as referred to in paragraph 4, our Minister may, on the basis of his or her request, contribute to the Consumer and Market Authority. Fit.
1 Without prejudice Article 18 (1) of the Framework Law on independent administrative bodies contains the annual report summaring the costs incurred on the basis of Article 6a, first paragraph , to be charged to market organizations and to a global description of the development of the postal and telecommunications markets.
2 In case of application of Article 18 (2) of the Framework Law on independent administrative bodies the annual report shall be forwarded to our Minister for Infrastructure and the Environment.
3 Our Minister shall send his findings on the annual report as soon as possible, together with the findings of our Minister for Infrastructure and the Environment, to the two Chambers of the States-General.
1 The costs incurred by the Authority of Consumer and Market related to the performance of the tasks, referred to in Article 2, second paragraph , shall be charged to the market organisations, unless otherwise provided for in the legal regulation.
2 The costs of the Authority of Consumer and Market related to the self-movement of market surveys and reports, as referred to in Article 2 (2) of the Treaty. Article 2 (4) , with the treatment of objection and appeals, the sanctioning of offences including the adoption and publication of decisions on the imposition of administrative sanctions and binding instructions, with activities which are exclusively related to the protection of the rights of the persons concerned. to be carried out by other government organisations, and with providing expert advice to our Minister or our Minister of Infrastructure and the Environment are not charged to market organisations.
3 The costs of the Authority and Market Authority associated with the taking and publication of decisions, other than decisions, and the monitoring of compliance with legal requirements shall not be charged to the market organisations where:
(a) the activities in question are not aimed at establishing the organisation of the market or where there is no sufficiently demarcated group of market organisations which benefit from the work; or
(b) the benefits are not expected to outweL the costs of the Authority and Market in order to charge the costs of the market organisations referred to in the chapeau.
4 In the case of a general measure of management, other costs which, by way of derogation from the first paragraph, are not charged to the market organisations may be designated.
5 The system according to which the costs are determined and charged to the market organisations shall mean that:
(a) the costs incurred by the Authority shall be borne by the market organisations not more than the costs incurred by the Authority and the Market,
(b) both direct and indirect costs may be charged to the market organisations,
c. the costs of the Authority and Market Authority associated with the implementation of a specific sector task are to be charged exclusively to market organisations in that sector; and
(d) the costs associated with the adoption of a decision or the examination of an application for a market organisation may be charged to the market organisation to whom the decision is addressed or to which the decision is to be taken. the application has been made.
6 In the case of, or under general management, detailed rules on the system under which the costs are determined and charged to the market organisations and rules of the market organisations of the Authority in that context are laid down. Information to be provided by consumers and Market. That measure may provide that the categories of decisions to be identified by the Consumer and Market Authority shall be borne by a market organisation for the average cost of a decision on the market.
7 The amounts to be charged by the Consumer and Markets Authority to the market organisations are established by Ministerial Regulations.
8 By or under a general measure of management, provision may be made for a period of up to length to be fixed for a period of up to one year for a progressive transition to the fees to be charged to the market organisations on the basis of the previous members. any other amounts shall be charged for three years after the entry into force of this Article. It can be differentiated according to the market economy.
9 The Consumer and Market Authority may recover the sums due from the market organisations in the event of a compulsory order. Title 4.4 , except the Articles 4:85 and 4:95, of the General Law governing law shall apply mutatis mutandis, where already not applicable.
10 To the extent that an amount charged by the Authority and the Market is required to pay a sum of money, this sum shall be paid to the State of the Netherlands.
1 Each shall provide the Consumer and Market Authority with the information and information and provide it, upon request, access to the information and documents reasonably necessary for the implementation of the information and information available to the Authority. Article 2, second paragraph , these tasks.
2 The Consumer and Market Authority may set a time limit within which the information, information or documents referred to in the first paragraph shall be provided.
3 Those who, by virtue of the office, profession or legal requirement, are required to keep confidential may refuse to cooperate in so far as they are covered by the obligation of professional secrecy.
4 The Consumer and Market Authority ensures that the way in which it gives effect to the first member is such that the resulting burdens on market organisations are as low as possible.
1 Data or information relating to any activity for the purpose of carrying out a task, as referred to in Article 4 (2). Article 2, second paragraph , obtained may be used only to the extent necessary to carry out that task or any other task as referred to in Article 2, second paragraph.
2 The first paragraph shall not apply to the extent that a legal requirement governs the use of data or information obtained.
3 By way of derogation from paragraph 1, the Consumer and Market Authority shall be empowered to supply data or information to:
a. Board, office, supervisor and other person responsible for the detection of criminal offences, as a result of supervision of compliance with legal provisions, if under the rules of our Minister, provision is made for the provision of such provision necessary for the proper performance of a task entrusted to that authority, that authority, that supervisor or other person,
b. a foreign institution, in the case of data or intelligence that is or may be of significance for the exercise of the task of that foreign institution and that foreign institution is under national legal rules in charge of applying rules in the same areas as to which the tasks, referred to in Article 2, second paragraph , relating to:
(c) the person to whom the information or intelligence relates, to the extent that such information or information was supplied by or on behalf of him.
4 Provision to a governing body, service, supervisor or other person referred to in paragraph 3 (a), or to any of the foreign institutions referred to in paragraph 3 (b), shall be provided only if:
(a) the confidentiality of the data or information has been sufficiently safeguisable; and
b. adequately ensured that the data or intelligence is not to be used for any purpose other than the one for which it is provided.
Our Minister may lay down detailed rules on the Article 20 of the Framework Law on independent administrative bodies the provision of information or intelligence from the Consumer and Market Authority to our Minister or our Minister of Infrastructure and the Environment and further rules on the provision of information or intelligence by Our Minister or our Minister of Infrastructure and the Environment to the Consumer and Market Authority.
1 Our Minister and Our Minister of Infrastructure and the Environment refrain from instructions relating to an individual case.
2 The members and staff of the Authority Consumer and Market request or receive no instructions relating to an individual case.
1 By way of derogation from Article 22 (1) of the Framework Law on independent administrative bodies Our Minister of Infrastructure and the Environment, our Minister of Infrastructure and the Environment can only destroy a decision of the Authority on Consumer Protection and Market only if it is a decision of general application and the destruction is due to the lack of competence of the Consumer Authority and Market Authority.
2 Article 10:35 of the General Administrative Law Act does not apply.
3 Our Minister of Infrastructure and the Environment Our Minister of Infrastructure and the Environment cannot destroy any decisions in the energy, postal, telecommunications and transport fields which the Authority takes on the basis of, or under, the Consumer on the basis of the Consumer Specific market sector law. Article 22, first paragraph, of the framework law on self-employed administrative bodies shall not apply to those acts.
4 Our Minister or Our Minister of Infrastructure and the Environment sends a copy of a decision to destroy the Second and Upper Chamber of the States General.
If the Authority is seriously neglecting the Consumer and Market Authority for the implementation of a law which falls under the responsibility of our Minister for Infrastructure and the Environment, our Minister will be in a position to Article 23, first paragraph, of the framework law on self-governing bodies provisions after consultation with our Minister of Infrastructure and the Environment.
Our Minister proposes the report, which is intended to be Article 39 (1) of the Framework Law on independent administrative bodies , after consultation with our Minister of Infrastructure and the Environment.
1 With the supervision of compliance with legal requirements entrusted to the Consumer and Market Authority, officials designated by decision of the Authority and Public Market shall be designated as belonging to the staff referred to in the Regulation. Article 5, first paragraph .
2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.
1 The in Article 12a, first paragraph , those officials shall have the power to seal business premises and articles in so far as that for the purposes of the exercise of Article 5:17 of the General Administrative Law the powers provided for is reasonably necessary.
2 The officials referred to in the first paragraph shall practise the Article 5:17 of the General Administrative Law powers granted, if necessary, with the help of the strong arm.
1 The in Article 12a, first paragraph The officials shall be authorized to enter a dwelling without the permission of the occupant, in so far as they are responsible for the exercise of the duties in question. Article 5:17 of the General Administrative Law the powers provided for is reasonably necessary.
2 The first paragraph shall not apply to the supervision of the Consumer and Market Authority for compliance with the provisions of or pursuant to the Law on financial supervision .
1 For entering, for the purpose of Article 12c, first paragraph , is a prior authorization required of the Judge Commissioner charged with the handling of criminal cases at the District Court Rotterdam. The authorisation may be requested as a precautionary measure. The authority will be displayed if possible.
2 Article 171 of the Code of Criminal Procedure shall apply mutatis mutandis. The judge 's office can hear the public prosecutor' s office before deciding.
3 To the extent that the request for authorisation has not been granted, the judgment of the Judge-Commissioner is open to the Authority in Rotterdam for the Consumer and Market Authority within 14 days of appeal.
4 The Articles 2 and 3 of the General Act on indoor reason are not applicable.
1 An authorisation as referred to in Article 12d, first paragraph The following shall be reasoned and signed and shall state:
a. The name of the Judge Commissioner who has given the authorisation;
(b) the name or number and the status of the person to whom the authorisation was given;
c. the legal provision upon which the entry is founded and the purpose to which it enters;
d. the day drawing.
2 If entering such time as urgency is that the authorisation may not be written in advance, the Judge-Commissioner shall, as soon as possible, shall ensure that the written statement is made.
3 The authorisation shall not exceed the maximum until the third day after the date on which it is given.
4 Article 6 of the General Act on indoor reason does not apply.
1 The official who has entered the office shall make a written report on the subject in writing on his oath of office or on his promise.
2 in the report he states:
a. his name or number and his capacity;
b. the day drawing of the authorisation and the name of the Judge Commissioner who has given the authorisation;
c. the legal provision upon which the entry is founded and the purpose which entered into;
(d) the place where the place has entered and the name of the person who entered;
e. the manner of the entry and the time at which the dwelling entered and on which it was abandoned;
f. which has been carried out in the dwelling and has been pre-fallen by the way;
g. the names or numbers and the capacity of the other persons who entered.
3 The report shall be forwarded to the Commissioner responsible for giving the report no later than the fourth day following that on which it entered.
4 A copy of the report shall be issued or forwarded to the person who entered, entered into, not later than the fourth day following that on which it entered. If the purpose which has been entered has been necessary to this end, such distribution or transmission may be postponed. It shall be issued or transmitted in that case as soon as the importance of that purpose permits. If it is not possible to issue the copy or to transmit the copy, the Judge or the official who entered has been given the copy for a period of six months for the person who entered.
5 The Articles 10 and 11 of the General Act on entering the country are not applicable.
1 Article 5:17 of the General Administrative Law Act does not apply to documents exchanged between a market organization and a lawyer who is present at the market organisation, but to which, if they were to be present in that market organisation, Article 5:20, 2nd paragraph, of the General Law governing the administrative law would be applicable.
2 The first paragraph shall apply mutatis mutandis in respect of persons referred to in Article 2 (2). Article 51, second paragraph, below 2 °, of the Criminal Code .
1 Without prejudice Article 5:45 of the General Administrative Law shall void the authority of the Authority and Market Authority to impose an administrative fine or a charge of periodic penalty payment to a market organisation, if the Authority decides on the application of that market organisation of the Consumer and Market Authority until the end of the period a binding declaration of a commitment made by that market organisation.
2 The Consumer and Market Authority may take a decision as referred to in paragraph 1 if it considers that a commitment is more effective than the imposition of an administrative fine or a penalty under penalty payment.
3 The organisation of the market shall apply for the purpose of the decision referred to in paragraph 1 before the Authority has taken a decision on the imposition of an administrative penalty or a charge of periodic penalty payment.
4 Term of time referred to in Article 5:45, 1st paragraph, of the General Law governing the administrative law shall be suspended with effect from the day on which the Consumer and Market Authority receives the application until the day on which the Consumer and Market Authority has taken a decision on the application. Article 5:45, third paragraph, of the General Administrative Law Act shall apply mutatis mutandis.
5 The market organisation shall behave in accordance with the decision referred to in the first paragraph.
6 The Consumer and Market Authority shall determine the period during which the decision referred to in paragraph 1 shall apply and may extend this period each time.
7 The Consumer and Market Authority may amend or withdraw a decision as referred to in paragraph 1 or a renewal decision as referred to in paragraph 6 if:
a. a substantial change has occurred in the facts on which the decision is based;
(b) the decision is based on incomplete, false or misleading information supplied by the market organisation;
(c) The Market Organisation shall act in breach of the fifth paragraph.
Article 5:10a of the General Administrative Law Act shall apply mutatis mutandis to the examination of another natural person, other than the person employed in the market organisation, as referred to in Article 5:10a.
The Consumer and Market Authority may, in cases of infringement of a legal requirement with the supervision of which it is responsible, impose a binding designation on the offender.
1 The Authority Consumer and Market may set the term, mentioned in Article 5:51, 1st paragraph, of the General Law governing the administrative law Extend by not more than 13 weeks if the offence concerned provides for the imposition of a public administrative fine of up to 10% of the offender's turnover.
2 This extension shall be communicated to the offender.
3 In the case of ministerial arrangements, detailed rules may be laid down concerning the extension of competence referred to in the first paragraph.
1 The Consumer and Market Authority may, for the purposes of determining the amount of the administrative penalty to be imposed, examine the accounts of the market organisation in order to take into account the penalty for the imposition of the administrative fine. to determine financial data. It may be assisted by an independent financial expert.
2 The market organisation shall cooperate in an investigation referred to in the first paragraph.
3 The Consumer and Market Authority may impose an administrative penalty of up to € 900,000 on the market organisation which is acting in breach of the second paragraph.
4 The administrative penalty which may be imposed at the highest level pursuant to paragraph 3 shall be increased by 100% if, within a period of five years preceding the day of the day's notice of the report of the offence, the amount of the administrative penalty is to be increased by 100%. Article 5:48, first paragraph, of the General Law governing the administrative law , an administrative fine imposed on that offender for a previous infringement of the same or a similar legal requirement has become irretrievable.
The Consumer and Market Authority may impose on the offender an administrative fine of up to or less than € 900,000 or, whichever is greater, of not more than 1% of the turnover of the market organisation, if the latter is a market organisation as referred to in Article 3 (2). 1, below 1 °, or, if the infringement by a market organisation as referred to in Article 1 (2) is committed, of the aggregate turnover of the relevant market organisations, in the case of:
a. violation of Article 6b, first and second paragraphs ,
b. Infringement of an independent burden,
c. violation of Article 5:20, 1st paragraph, of the General Law governing the administrative law , or
d. Discontinuation, removal or damage of a seal as specified in Article 12b, first paragraph In other ways, the sealing of the closure or the closure of sufficient measures by the market organisation of the closure of the seal envisaged by the sealing of the seals used by the seal of the market. to prevent business premises or objects.
2 The Authority Consumer and Market can in case of violation of Article 12h, fifth paragraph , the offender imposing an administrative fine of up to € 900,000, or if that is more, of up to 10% of the turnover of the market organisation, as referred to in Article 4 (2). Article 1 (1) Or, if the infringement by a market organisation as referred to in Article 1 (2) is committed, of the aggregate turnover of the organizations of the market organisations.
3 In the case of an infringement referred to in paragraph 1 (a) or (b), or where the infringement referred to in subparagraph (c) of the first paragraph provides for a refusal to cooperate with the application of the Article 5:17, 1st paragraph, of the General Law governing the administrative law , the Authority may impose a penalty on the payment of the self-contained burden, on the basis of the penalty payment requested by the Authority and on the payment of the information requested, of the business declared in the charge under penalty payments. data and documents.
4 Article 184 of the Code of Criminal Law is not applicable to the offence referred to in point (c) of the first paragraph, and Article 199 of the Code of Criminal Law shall not apply to the offence referred to in the first paragraph, part d.
5 The administrative penalty to which the first or second paragraph may be imposed shall be increased by 100% if, within a period of five years preceding the date of the day of the day of the day of the infringement, the amount of the administrative penalty is to be Article 5:48, first paragraph, of the General Law governing the administrative law , an administrative fine imposed on that offender for a previous infringement of the same or a similar legal requirement has become irretrievable.
1 Where the Authority and Market Authority on the basis of Article 5:1, third paragraph, of the General Law governing the administrative law application indicates Article 51, second paragraph, below 2 °, of the Criminal Code , for the offender referred to therein, the amount of the administrative fine shall not exceed € 900,000.
2 The administrative penalty to be imposed at the highest level as a result of the first paragraph shall be increased by 100% if, within a period of five years preceding the date of the day of the day of the day of the infringement, the amount of the administrative penalty is to be taken into account. Article 5:48, first paragraph, of the General Law governing the administrative law , an administrative fine imposed on that offender for a previous infringement of the same or a similar legal requirement has become irretrievable.
1 If the Authority can impose an administrative penalty of up to a percentage of the offender's turnover, the offender's turnover shall be understood as the net turnover referred to in Article 1 (2). Article 377, 6th paragraph, of Book 2 of the Civil Code which the offender has obtained in the most recent financial year in respect of which the offender has or should have financial statements available.
2 If the offence is committed by a market organization as intended by Article 1, below 2 ° The Authority may impose an administrative penalty on the Consumer and Market Authority of up to a percentage of the joint turnover of the market organisations referred to in Article 1 (1), which are affiliated to the first market organisation, First paragraph shall apply mutatis mutandis to the calculation of the turnover of an affiliated market organisation.
3 If on the basis of the Consumer Postal Act 2009 or the Telecommunications law may impose an administrative penalty of up to a percentage of the offender's turnover, by way of derogation from the first paragraph, by the offender's turnover as the net turnover referred to in Article 1 (2). Article 377, 6th paragraph, of Book 2 of the Civil Code which the offender has obtained in the Netherlands in the most recent financial year in respect of which the offender has or should have financial statements available.
1 The operation of a decision of the Authority and Market Authority to impose an administrative fine shall be suspended until the expiry of the time limit for the submission of a statement of objection to that decision.
2 If an objection has been lodged within the period referred to in the first paragraph, by way of derogation from the first paragraph, the operation of the decision shall be suspended for 24 weeks from the day following the day on which the decision on the has been notified to the offender or, if previously, until the day following that on which the decision on objection has been made known to the offender in the prescribed manner.
Without prejudice Article 10:3, 4th paragraph, of the General Law governing the administrative law the work relating to the imposition of an administrative penalty shall not be carried out by persons who have been involved in the preparation of the report referred to in Article 5:48, first paragraph, of the General Law governing the administrative law and the prior investigation.
1 Rules governing the payment of information to the Consumer and Market Authority may be subject to penalty payments.
2 A penalty payment shall apply to a period of no more than two years to be determined by the Consumer and Market Authority.
3 The power to impose a charge of periodic penalty payment shall expire five years after the infringement has taken place. Art. 5:45, 3rd paragraph, of the General Law governing law shall apply mutatis mutandis.
(1) Where an administrative fine has been imposed on a market organisation as referred to in Article 1, below 2 ° , can the Consumer and Market Authority, in the absence of payment within the Article 4:112, 1st paragraph, of General Law governing law due to the insolvency of that organisation of the market, for each of the market organisations referred to in the definition of Article 1 (1), represented by the first market organisation in the decision-making procedure by the institution at the time of the decision to commit the infringement, to recover the administrative fine.
2 If, after recovery in accordance with paragraph 1, the administrative penalty has not been paid in full, the Authority may recover the remaining amount of the Consument and Market of each of the market organisations represented in the first paragraph.
3 By application of the first and second paragraphs, no more than 10% of the turnover of each market organisation represented in the most recent financial year in respect of which the market organisation represented has been has or should have financial statements available.
4 A represented market organisation which is subject to an administrative fine under the first or second paragraphs shall not be required to pay if it proves that it has not taken the decision referred to in the first paragraph and it was either unaware of that decision or actively distanced itself from that decision before the investigation of the infringement was caught.
If a charge imposed by the Authority and the Market is liable to penalty payment or administrative fine to pay a sum of money, it shall be paid to the State of the Netherlands.
1 The Consumer and Market Authority makes a decision which it has taken to impose an administrative penalty or a binding designation, other than a decision on the basis of a Article 12v, first paragraph , publicly provided that information not eligible for provision under Article 10 of the Law on the provision of services is not disclosed.
2 The disclosure of the decision shall take place not earlier than after 10 working days after the day on which the decision is made known to the offender, unless the offender has made public the decision itself, or has indicated that it has no reservations about prior disclosure.
3 Where a request is made for a provisional provision as provided for in Article 8:81 of the General Administrative Law , the disclosure of the decision shall be suspended until the provision of the provision has been delivered or the request has been withdrawn.
4 If the disclosure of the disposition to the judgment of the Consumer and Market Authority is in conflict or could come with the purpose of supervising compliance entrusted to the Consumer and Market Authority, disclosure remains No.
5 The first to fourth paragraphs shall also apply to a decision taken by the Authority and to the Market and to the imposition of an administrative penalty or binding designation.
1 The Consumer and Market Authority makes a decision taken by its decision to impose an administrative penalty or a binding designation if the infringement in question provides for a legal requirement that a penalty be imposed on a a penalty of up to 10% of the turnover of the offender may be imposed and on the understanding that:
a. Data as referred to in Article 10, first paragraph, part c, of the Public Administration are not made public;
(b) names of natural persons concerned shall not be made public, if the importance of disclosure to the opinion of the Authority and Consumer Market does not outweighs the importance of the interest, intended to be used in the public Article 10, second paragraph, subparagraph (e) or (g) of the Public Administration ;
(c) The name of the responsible organisation of the market is always made public, even if the name of a natural person of that name forms part of the market.
2 Article 12u, second to fourth paragraphs , apply.
The first paragraph shall also apply to a decision taken by the Authority and Market Authority to the imposition of an administrative sanction or a binding designation. Article 12u, second to fourth paragraphs , is applicable.
1 The Consumer and Market Authority may, by taking decisions other than decisions, make public an administrative sanction or binding designation, as well as any other documents produced by it or in its order. for the performance of the tasks entrusted to it by or under the law.
2 Particulars Article 10 of the Public Administration do not qualify for distribution, shall not be made public.
3 Article 12u, second and third paragraphs , shall apply mutatis mutandis where the Authority decides on the basis of the first paragraph of the publication of a decision.
4 Article 12u, fourth paragraph , shall apply mutatis mutandis.
5 The first paragraph shall not apply to the extent that a statutory provision governs disclosure.
1 Decisions of the Board of Directors of the Netherlands Competition Authority, the postal and telecommunications market or the Consumer Authority after the entry into force of the Article 2 of this Act as decisions of the Consumer and Market Authority.
2 Requests and objections, submitted to the Dutch Competition Authority, the postal and telecommunications market or the Consumer Authority, shall be submitted after the entry into force of this Regulation. Article 2 of this law as applications and objections lodged with the Consumer and Market Authority.
3 By administrative jurisdiction the date of entry into force of the Article 2 of this Act, the Consumer Authority and Consumer Protection Authority (Consumer Protection Authority), the postal and telecommunications market or the Consumer Authority.
4 In civil proceedings, at the time of the entry into force of Article 2 of this law, the State at the place of the college for the postal and telecommunications authority.
5 In agreements, at the time of the entry into force of Article 2 of this law, the State at the place of the college for the postal and telecommunications authority.
6 In cooperation protocols, at the time of the entry into force of Article 2 of this Act, the Consumer Protection Authority (Consumer Protection Authority) of the Netherlands Competition Authority, the postal and telecommunications market or the Consumer Authority.
7 In cases where before the date of entry into force of this Regulation, Article 2 This law has been requested from the National Ombudsman to carry out an inquiry or the National Ombudsman's inquiries into a conduct attributable to the Netherlands Competition Authority, the postal and post office for the post and telecommunications market or the Consumer Authority, the Authority will enter the Consumer Authority, the postal and telecommunications market, or the Consumer Authority, respectively, at that point in the Consumer and Market Authority.
8 Archive documents of the Netherlands Competition Authority, the postal and telecommunications market and the Consumer Authority are transferred to the Consumer and Market Authority in so far as they are not in accordance with the rules of the Competition Archive Act 1995 have been transferred to an archive store.
1 The adoption by the Consumer and Market Authority of a budget as referred to in Article 25 of the Framework Law on independent administrative bodies takes place for the first time with respect to the calendar year following that in which this Act was placed in the Official Journal.
2 Our Minister, for the Authority and the Market Authority, is adopting a provisional rules of administration. The provisional Regulation shall apply until the Management Rules of the Consumer and Market Authority have obtained the approval of Our Minister.
3 The adoption by the Authority of the Consumer and Market Authority of an annual report as referred to in Article 18 of the Framework Law on independent administrative bodies takes place for the first time in respect of the calendar year in which it is placed in the Official Journal and, in whole or in part, is concerned with the performance of the College for the postal and postal services of the Netherlands Competition Authority. telecommunication market for the consumer and the Consumer Authority.
1 As from the date of entry into force of Article 2 This law has been assigned to the staff of the postal and telecommunications market in the general service of the State.
2 The transfer of the staff referred to in paragraph 1 shall be made by a legal position at least equivalent to those applicable to each of them at the college of the postal and telecommunications market.
3 At the time of the entry into force of Article 2 of this law, the capital components of the college of the postal and telecommunications market are to be placed on the State against a value to be determined by our Minister in agreement with our Minister of Finance.
4 In the case of goods transferred under the third paragraph, our Minister of Finance shall, without delay, register the transfer of such goods in the public registers provided for by the Section 2 of Title 1 of Book 3 of the Civil Code . Article 24, 1st paragraph, of Book 3 of the Civil Code does not apply.
On infringements of the aid to or under the Protection of consumer protection law certain of which, pursuant to the Law on the enforcement of consumer protection law, as in the previous period of the Act, Article 30 of this Act, which could be imposed and terminated before the entry into force of Article 30 of this Act, the Law on the enforcement of consumer protection shall continue to apply in the same way as it was immediately applicable. for the specified time.
A decision as referred to in Article 49a, first paragraph, of the Competition Act declaring a commitment and the application for the taking of such a decision after the entry into force of Article 12h of the Regulation (EEC) Consumer and Market Authority has been considered to be a final application as referred to in Article 12h, first paragraph, of the Consumer Law Authority and Market Authority.
If the royal message of 26 April 2013 submitted a proposal of the Act amending the Law of the Consumer and Market Authority and any other laws in connection with the streamlining of the Consumer and Market Authority maintain market surveillance (Kamerpieces 33 622) until law is elevated and Article XI, Section AA, of that Act has entered into force, remains Article 62 of the Competition Act As that stated immediately before the entry into force of Article XI, Section AA, applicable or mutatis mutandis to decisions of the Consumer and Market Authority to impose an administrative fine for offences in respect of which, before the entry into force of Article 12k of the Incomposition Act Authority Consumer en Markt a report as referred to in Article 5:48, first paragraph, of the General Law governing the administrative law is formatted.
If a violation of a self-employed burden or of Article 5:20 of the General Administrative Law has been committed and terminated for the entry into force of Article 12m, first and third paragraphs , by the Act of Consumer Protection and Market, Article 12m, first and third paragraph, shall not apply if the Authority and the Market for those offences are immediately before the date of entry into force of Article 12m, first and second of the year. third member, could not impose an administrative penalty.
If, before the entry into force of Article 12n of the Income Tax Authority Consumer and Market Act has been committed and terminated, remains with regard to the amount of the fine that can be imposed at the highest on an in Article 51, second paragraph, below 2 °, of the Criminal Code The offender shall be subject to the law immediately prior to the entry into force of that Article 12n.
If the royal message of 26 April 2013 submitted a proposal of the Act amending the Law of the Consumer and Market Authority and any other laws in connection with the streamlining of the Consumer and Market Authority maintain market surveillance (Kamerpieces 33 622) until law is elevated and the Article XI, Part Q , below XIV, part U of that law have entered into force, continue to Articles 63 of the Competition Act Other 15.12 of the Telecommunication Act As they were immediately applicable to decisions of the Consumer and Market Authority for the date of entry into force of the said Articles XI, Part Q, XIV Part U of application or mutatis mutandis. imposition of an administrative penalty for infringement cases in respect of which Article 12p of the Incomposition Act Authority Consumer en Markt a report as referred to in Article 5:48, first paragraph, of the General Law governing the administrative law is formatted.
If, before the entry into force of Article 12s of the Incomposition Act Authority Consumer and Market of an offense a report as intended in Article 5:48, first paragraph, of the General Law governing the administrative law is drawn up in respect of an infringement committed by a market organisation as referred to in Article 1, below 2 ° , by the Act of Insolvency Authority Consumer and Markt, the right to claim due to insolvency of that organisation of the market is to be applied as it was immediately before the entry into force of that Article 12s.
Under the rules of our Minister, rules relating to the consequences of the entry into force of this law shall be laid down to the extent that the Articles 42 to 44 does not provide for it. Those rules shall apply until 31 December of the calendar year following that in which they entered into force. The setting of these rules shall be notified to the two Chambers of the States-General.
The Law independent postal and telecommunications authority shall be withdrawn.
This Law shall enter into force on a date to be determined by Royal Decree, which may be adopted in a different way for the various articles or parts of such articles.
This law is cited as: Incomposition Act Authority of Consumer and Market.
Burdens and orders that it will be placed in the Official Gazette and that all ministries, authorities, colleges and public servants who so far as to do so will keep their hands on the precise execution.
Entry
' s-Gravenhage, 28 February 2013
Beatrix
The Minister for Economic Affairs,
H.G.J. Kamp
The Minister of Wons and Rijksdienst,
S.A. Block
Published the twenty-first March 2013The Minister for Security and Justice,
I. W. Opstelten
