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Law On Control Of Marketing And Contract Terms Etc. (Marketing Act)

Original Language Title: Lov om kontroll med markedsføring og avtalevilkår mv. (markedsføringsloven)

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Law on control with marketing and appointment terms mv. (marketing law).

Date LAW-2009-01-09-2
Ministry of The Barne and the equality of the Children
Last modified LAW-2016-06-17-29 from 01.07.2016
Published In 2009 booklet 1
Istrontrecation 01.06.2009
Changing LAW-1972--06-16-47
Announcement 09.01.2009 at 14.05
Card title Market law-mfl.

Capital overview :

Jf. former law 16 June 1972 No. 1 47 about control with marketing and appointment terms (marketing law). -Jof. EES deal Attachment IX # 31e (dir 2002/65) and Attachment XIX # 2 (dir 2006/114), No. 7f (fd. /2004), No. 7g (Directive 2005 /29/EC) and # 7i (dir 2011/83).

Chapter 1. Almemorial regulations

SECTION 1. What the law applies

The law applies to the control of marketing, trade prices and contractual terms in consumer relationships and is demanding good business custom between nutrition.

SECTION 2. Good marketing custom mv.

Marketing must not be contrary to good marketing custom. At the assessment, it is placed emphasis on whether the marketing violates public ethics and morality opinions, or whether it is taken into use offensive scope.

Annonteur and the one that designs advertising should ensure that the commercial is not in violation of the equilibrium between the sexes, and that it does not exploit the one gender's body or give the impression of an offensive or derogatory assessment of woman or man.

At the assessment of whether the first or second clause is overlaid, it is placed emphasis on whether the marketing, due to design, format, scope or other real assets, appears particularly invasive.

SECTION 3. Presentation and documentation of marketing

Marketing is to be designed and presented so that it clearly seems to be marketing.

Allegations in marketing about actual conditions, therunder about the performance of the yelser's properties or effect, shall be able to be documented. The documentation is supposed to be foregoing on the advertisers hand when the marketing is happening.

SECTION 4. Lovens site-real scope

The law applies to actions and terms aimed at consumers or nutrition here in the realm, with the limitations that follow by other legislation.

With the exception of Chapter 6, the law also applies to actions and terms that have effect abroad, when they are illegal also by the laws of the country where they have effect.

The king can at regulation determine whether and in what extent the law shall apply to Svalbard and Jan Mayen.

SECTION 5. Definitions

In this law, the

a) consumer : a physical person who does not primarily act as clause of nutrition,
b) nutritional : a physical or legal person exercising nutritional business, and any acting in their name or on their behalf,
c) performance : commodity, service, fixed property, rights and obligations,
d) trade practice : any action, suppression, behavior or future, commercial communication, herunder advertising and marketing, from a nutritional side, which is directly related to promoting the sale of, selling or delivering a performance to the consumers,
e) warranty : any commitment that the nutritional has claimed to the consumer in connection with the turnover of goods, services, or other benefits that give the consumer rights in addition to the rights consumer otherwise.

Chapter 2. Trade Practices to consumers

SECTION 6. Unreasonable trade prices

Unreasonable trade prices are prohibited.

A trade practices are unreasonable if it violates good business custom to consumers and is suitable for significantly changing consumers ' economic behavior so that they hit decisions they otherwise would not have hit.

If a trade practice is directed to a specific consumer group, or if only a clear identifiable group of consumers are particularly vulnerable because of mental or physical weakness, age or benign and the nutritional should have understood This, considered the internship's imperceptions from the applicable consumer group's perspective ; the protection of vulnerable groups does not touch common and rightfully practices in which it is conveyed exaggerated claims that are not meant to be taken literally.

A trade practice is always unreasonable if it is misleading after Section 7 or Section 8, or aggressive after Section 9.

The Ministry establishes the regulation of the forms of trade practice that under any circumstances shall be deemed unreasonable.

SECTION 7. Villeading actions

A trade practice is misleading if it contains incorrect information and thus is unlikely or otherwise is suitable to mislead the consumers with respect to one or more of the following items :

a) The existence of life or species,
b) The performance properties, such as its availability, benefit or risk, performance execution, quantity, compound, specifications, accessories, origin, how or when performance produced or totes, delivery, use or equity for a purpose, results that can be expected by use, tests, or control that are performed on performance, or post-sales service and clagecare,
c) The extent of the nutritional obligations, the motives of the trade practices and sales process maps, any statement, or symbol in connection with direct or indirect endowments or approval of the nutritional or performance,
d) the price of performance or how the price is calculated, or the existence of an award benefit,
e) the need for service, parts, exchange, or repairs,
f) the nutrient of the nutrients or the nutrient of the agents of the land, properties and rights,
g) consumers ' rights, herding the right to redelivery or repayment, or risk consumers may be exposed to,
h) the nutritional commitment to follow the industry normer.

The practice is still considered only as misleading if it is suitable to influence the consumers to hit an economic decision that they otherwise would not have hit.

It is also misleading if marketing of a performance, herding comparative advertising, causing consumer trading performance or trademark, trading names or other characteristic.

SECTION 8. Villavide suppression

A trade practice is misleading if it, in its concrete context and after a health assessment, suppresses or hides essential information that consumers out from the context need to be able to take an informed financial decision or presents the information on an unclear, obfuscated, ambiguous or unappropriate manner. At the assessment of whether information has been omitted, consideration should be taken into account or temporal limitations of the medium used to communicate the trade practices, and any measures from the nutritional to make the information available to the consumers differently.

The practice is still considered only as misleading if it is suitable to influence the consumers to hit an economic decision that they otherwise would not have hit.

At solicitation of purchase, the following information is counted as essential if they are not already in the context of the context :

a) information on the performance of the performance properties, in the relevant scope of the media and performance,
b) information on the nutritional geographical address and identity and of the relevant, geographical address and identity of the nutritional as the person performs on behalf of,
c) information on terms of payment, delivery, execution, and clagetreatment, if these deviate from the requirements of good business custom to consumers,
d) for benefits and transactions retaken by angranet or cancellation, information that it has been such a right.

The same is true for information about the price including fees, or, if the performance of the price does not deal with equitable terms in advance, how the price is calculated. Where it is relevant, all further charges shall be regarding shipping, delivery, or porto is specified. If the cost of the expenses cannot be assumed in advance, it shall be disclosed that it may occur such further charges.

With solicitation of purchase, a commercial communication is indicating the performance properties and price in a suitable manner for the projected commercial communication and thus putting the consumers able to make a purchase.

SECTION 9. Aggressive trade prices

A trade practice is aggressive if it, in its concrete context and after a health assessment, by harassment, coercion, herunder the use of physical power, or unassuming influence is suitable for significantly limiting consumers ' options or behavior in connection with a performance. With untenable influence, the exploitation of a position of power in relation to consumers is to exert pressure, also when it is not threatened with or used physical force, in a way that significantly reduces consumers ' ability to hit an informed decision.

At the assessment of whether a trade practice is aggressive, it should be taken into account

a) time, place, art and duration,
b) use of threatening or unpreorder language or behavior,
c) the nutritional exploitation of a concrete unfortunate event or circumstance that is so severe that it can downturn the consumer's judgment, which the nutritional is aware of, to influence the consumer's decision in connection with the product,
d) accounting or unsustainable obstacles that do not follow the agreement, as the nutritional imposes when consumers want to exercise rights in accordance with the agreement, herunder the right to raise an agreement or switch to another performance or another nutritional,
e) any threat of actions that are illegal.

The practice is still considered only as aggressive if it is suitable to influence the consumers to hit an economic decision that they otherwise would not have hit.

SECTION 10. Primmarking mv.

The one in business selling goods, services, or other benefits to consumers, is going to be as far as practical possible inform about the prices, so they can easily be seen by customers.

The Ministry of Justice can at regulation give closer rules about the completion of the duty of the duty after the first clause.

In order to facilitate customer's judgment of prices and quality of goods and services, the ministry can at regulation on the issue of regulation to commit measures beyond what follows the edict of the first clause. Such regulation of information measures can be among other

a) Easter marking, lookup or other subdirection about price, business terms, quality and other properties,
b) give the edict of sorting and regulations on goals and weight and enlightenment about price per. unit (jampre-price) for goods as the future of the sale.
Section 10a. Information on the clavisation organ and about platform for web-based dispute solution mv.

Nearby is going on a clear and understandable way to provide information to consumers about the claviorgan that can process a case between the parties, and which has been filed according to law on clashing organs for consumer matters Section 27. The information is supposed to show the clavises of the clavises on the internet. The information should as a minimum be provided in the general agreement terms, where such has been, and on the nutritional website of the Internet, where such exists. The information should be easily accessible on the homepage.

Nearby shall inform the consumer in accordance with the first clause when the case arises between the parties, and it is clear that the parties themselves do not come to a memorial solution. The information shall be given in writing or on other durable media. With durable media, any device that makes the consumers able to store information in such a way that the information in the future is available in unchanged form.

[ Proximity that deals with consumer on the internet, or web-based marketplaces, is going to its homepages have an easily accessible electronic link to the platform for web-based dispute solution, which is established by review Regulation (EU) no 524/2013 about web-based dispute solution in consumer cases, jf. law of claviability organs for consumer matters Section 28. The information on the platform should also progress in the general agreement terms, where such has been. The nutritional is also supposed to inform consumers that the platform can be applied to the treatment of the case between the parties. Where the offer of consumer advances by e-mail, the e-mail shall contain an electronic link to the platform. The nutritional is going on its home pages on the internet also illuminate about his email address. ]

Third clause in effect from the time King decides, see Law 17 June 2016 # 29 SECTION 29

0 Added by law 17 June 2016 # 29 (ikr. 1 July 2016 ifg. res. 17 June 2016 # 703).

Chapter 3. Honest forms of marketing mv.

SECTION 11. Requirement of payment for goods, services, or other benefits without after appointment mv.

In nutritional business, it is forbidden

a) to demand payment for goods, services, or other benefits without by appointment,
b) delivering goods, services, or other benefits of claims of payment without after appointment.

By delivery in violation of the first clause the letter b is the recipient not obliged to pay, so-induced nothing else is determined by law.

In nutritional business, it is forbidden to direct consumers to make contact with the nutritional in connection with an agreement reached, to a phone number that the burden the consumer with a higher cost than the foundation.

Before an agreement is reached, the nutritional settlement shall overtake the consumer's expressed consent of any payment beyond the charge of the main performance. If such consent is not obtained, but has been added due to the use of standard solutions that the consumer must choose away to avoid additional payment, the consumer has the right to be retaken the additional payment.

The Ministry can at regulation give closer regulations on the requirements of documentation and retention of documentation for the agreement of eight agreements.

0 Modified by law 20 June 2014 # 27 (ikr. 20 June 2014 ifg res. 20 June 2014 # 776).
SECTION 12. Right to reserve against marketing by phone or addressed mail

Consumers can reserve against marketing by phone or addressed mail by registering names, addresses and phone numbers in the central reservation registry of the Instant Marketing Registry (Reservation Registry). The person registering in the Reservation Registry may indicate that the reservation nonetheless should not apply to marketing to income for voluntary organizations.

Proximity as market leader by phone or addressed post shall update its address register against the Reservation Registry prior to the first time of inquiry and before the inquiry into the month marketing is conducted.

Both consumers and other physical people can be reserving directly with their nutrition.

The king can provide regulation with closer rules for the Reservation Registry.

SECTION 13. Effects of Reservation

In nutrition, it is forbidden to correct marketing by phone or addressed mail to physical people who have reserved against this in the Reservation Registry or with the nutritional.

The first clause is not to obstacle that the person who has reserved, the emergency response 1 can be requested to be employed or organizations to be contacted despite the reservation.

Reservation in the Reservation Registry does not apply to marketing by phone or addressed entry in existing customer relationships where the nutritional appointment party has received the customer's contact information in connection with sales. The marketing can in that case only apply to the industry's own goods, services, or other benefits equivalent to them as the customer relationship builds on. When name, address and phone number are collected, and optionally at each later marketing inquiry, the customer and fee-free shall be granted the opportunity to reserve against such inquiries.

The first to third clause applies to the equivalent of volunteer organizers.

1 is supposed to be "explicitly".
SECTION 14. Offers against phone marketing at some times

In nutritional business, it is forbidden to correct marketing by phone to consumers on Saturdays, weekend days or days that in law are equal to weekend days, and on business days before 10:00 pm. 9:00 a.m. and after 21.00.

SECTION 15. Constraints in the use of certain communication methods

In nutrition, it is prohibited, without the recipient's prerequisite consent, to correct marketing inquiries to physical people by electronic communication methods that allow individual communication, such as electronic mail, facsimile or automated dial system (voice machine).

The requirement of preconsent after the first clause is still not applicable to marketing in which the physical person is contacted by phone.

Preconsent requirements for the first clause also do not apply to marketing at electronic mail in existing customer relationships where the nutritional appointment has received the customer's electronic address in connection with sales. The marketing can only apply to the industry's own goods, services, or other benefits equivalent to them as the customer relationship builds on. When the electronic address is collected, and optionally at each later marketing inquiry, the customer shall easily and fee-free are given the opportunity to reserve against such inquiries.

With electronic mail means in this provision any enquiry in terms of text, speech, audio or image sent via an electronic communication net, and can be stored in the net or in the recipient's terminal equipment until the receiver retrieves it. Herunder reselected text and multimedia messages to mobile phone.

The Ecommerce Slovenian regulations, herunder Section 9 about electronic marketing, apply as well as the determination here.

SECTION 16. Enlightenment at unrequested marketing by phone or addressed mail

Proximity driving unrequested marketing by phone or addressed post should enlighten who has provided the personal information that lies to the inquiry.

By unrequested marketing on the phone to consumers, the nutritional will immediately present themselves and enlighten that the inquiry is happening in marketing intent. If the inquiry occurs on behalf of someone else, this is supposed to be disclosed. The nutritional is supposed to inform about the reservation court after Section 12. It shall be placed to correct that the recipient and fee-free can reserve with the nutritional.

0 Modified by law 20 June 2014 # 27 (ikr. 20 June 2014 ifg res. 20 June 2014 # 776).
SECTION 17. Delivery of unaddressed advertising and free newspapers

In nutritional business, it is forbidden to deliver out or to provide a provider in missions to deliver out unaddressed advertising or free newspapers to consumers who clearly have stated that they oppose this. A broker is still not responsible for the delivery if the provider has been informed, and has reason to assume, that what is provided is not advertising or free newspaper.

Insting in newspapers and other printing cases, which are reauthored by the editorial responsibility, are not considered unaddressed advertising or free newspaper after this determination.

0 Modified by law 19 June 2009 # 43 (ikr. 1 July 2009 ifg res. 19 June 2009 # 821).
SECTION 18. Additional benefit when marketing to consumers

Proximity as in marketing, consumers offer an additional benefit or an opportunity to achieve such an advantage, sample wise in terms of discounts, gifts, participation in competitions or games, shall ensure that the terms of use of the offer are clear and easily accessible to the consumers.

0 Modified by laws 3 sep 2010 # 53 (ikr. 1 jan 2011 ifg. res. 3 sep 2010 # 1245), 21 June 2013 # 57 (ikr. 1 July 2013 ifg. res. 21 June 2013 # 714), without changing referrals to Section 18 otherwise in the law.

Chapter 4. Especially about protection of children

SECTION 19. Almemorial provision

When a trade practice is directed towards children, or by the way, it can be seen or heard by children, it should be shown especially tactics of children's reality, lack of experience and natural glotrodity.

At the assessment of whether a trade practice is in violation of regulations in or in co-hold of this law, it shall be taken into consideration of age, development and other conditions that make children particularly vulnerable.

SECTION 20. Unreasonable trade practice facing children

At the assessment of whether a trade practices is unreasonable after Section 6 should be placed on whether the trade practices are specifically targeted to children. Although the trade practices are not specifically aimed at children, it shall be placed emphasis on whether it, due to species or product, is suitable to influence children, and whether the nutritional can be expected to predict children's shonest vulnerability for the practice.

It is forbidden to bring in advertising directly encouraged to children to purchase announced benefits or persuade their parents or other adults to purchase the announced performance of them.

0 Modified by law 3 sep 2010 # 53 (ikr. 1 jan 2011 ifg. res. 3 sep 2010 # 1245).
SECTION 21. Especially about good marketing custom of children

When marketing to children is considered by Section 2, it should be among other placed emphasis on whether the marketing

a) encourages offenses, dangerous behavior or violation of regular security snorkmer,
b) plays on social uncertainty, poor conscience or ill-esteem,
c) uses scary real means or are suitable for creating fear or anxiety, or
d) use aggressive real assets such as violence, sexuality, or rusfunds.

Chapter 5. Control with appointment terms mv.

SECTION 22. Unreasonable Term Terms

Conditions that are enjoyed or attributed to the use of nutrition to consumers can be prohibited when they are unreasonable to the consumers, and there is that the ban is attributed to public consideration. Corresponding applies to terms of conditions not primarily acting as joints in nutrition, provided the agreement to serve the member's personal purposes.

At the rhyme assessment, it shall be placed emphasis on the regard to balance between the rights and duties and on the envision of clarity in contractual conditions.

The first and other clause does not apply to the content of price terms and in the pay and work terms in service with others. The king can give closer rules that the first and other clause should not apply to other special contractual conditions.

SECTION 23. Requirements for warranty terms in consumer relationships

Ytes that guarantee, it shall in a clear and lightweight manner be disclosed about the following in the warranty terms :

a) The warranty's content, herunder any limitations and honest conditions,
b) that the consumer's rights by the appropriate and further stated legislation come in addition to the warranty, and that these rights are not berating by the warranty,
c) what is necessary to take advantage of the warranty, herunder warranty duration and geographical scope as well as the warranty donor's name and address,
d) The lengthening deadline for the promotion of the appropriate and further stated legislation, if it is longer than the warranty time,
e) that regardless of the performance may be advertised on the performance in its entirety following the appropriate and further stated legislation, if the warranty is limited, for example, by the warranty only part of the performance or only parts of the extraction costs are covered by the warranty.

Where the marketing ahead of the term of appointment is directed to Norwegian consumers, the warranty terms should be designed in Norwegian.

Prior to the appointment, the guarantor shall inform the consumer of the warranty and that the consumer has the right to obtain the warranty terms issued. When the consumer asks for it, he or she shall receive the warranty terms readable and stored on paper or any other durable medium that the consumer advises.

SECTION 24 Cancellation against the competitive law

The competition law Section 10 does not apply to the use of contract terms that are negotiated in cooperation with the Consumer Rebid.

Chapter 6. Protection of nutritional interests

SECTION 25. Good business custom

In nutritional business, it must not be taken action that battles good business custom-drifting in between.

SECTION 26 Villeading business methods

In nutrition, it is forbidden to be invoking incorrect or for any other reason misleading representation that is suitable to affect the demand for or offer of goods, services, or other benefits. With representation, in this chapter any form of announcement or statement in speech, writing or otherwise, thus also designations, images, demonstrations, the packaging form, size or equipment and similar.

The Ministry of Justice can at regulation give closer regulations on comparable advertising.

SECTION 27. Insufficient guidance mv.

In nutrition, it is forbidden to anime representation that is suitable to affect the demand for or offer of goods, services, or other benefits, when the representation does not provide defensible or adequate guidance or draws in unauthorized conditions, therefore, must be deemed unreasonable.

SECTION 28. Corporate secrets

The one who has gained knowledge of or disposal over a corporate secret on the occasion of a service-, peer-or-business relationship, must not be prosecuted to the secret in the business of nutrition.

The same applies to the person who has achieved knowledge of or disposal over a corporate secret through someone's violation of secrecy or through someone's legal action otherwise.

SECTION 29. Technical aids

The one that has been entrusted to technical drawings, descriptions, recipes, models or similar technical aids on the occasion of a service-, peer-to-or business relationship, must not be prosecuted to them in nutrition.

The same applies to the one that has achieved the disposal of technical drawings, descriptions, recipes, models and similar technical aids through someone's judicial action.

SECTION 30. Investigation of someone else's product

In nutritional business, it is forbidden to anoreliga hallmark, products, catalogs, advertising funds or other frameworks in such manner and under such circumstances that it must be considered an unreasonable exploitation of someone else's efforts or results and leads with danger of foreswitching.

SECTION 31 Uncorrect geographical designations for wine and liquor

In nutrition, it is forbidden to anode geographic wine or liquor designations for wine and liquor that do not have the geographical origin as the designation point out. This applies even if the actual origin is also indicated, or the geographical designation has been translated or accompanied by expressions such as "stroke," type, "imitation" e.l.

Chapter 7. Enforcement

SECTION 32. Prevalence, organization mv.

The Consumer Messenger and Marketing Council shall take control of the provisions of this law, with the exception of Chapter 6, overheld.

The Consumer Messenger of the King in the State Council for a period of six years without access to reneuration.

The Marketing Council shall consist of the leader, deputy leader and seven members, all with personal commodity members, as appointed by the King. The function time of the members is four years. The Marketing Council is acknowledged when the leader or deputy leader and at least four other members or varammembers are present. Attaches meet at the average majority. By voice resemblance, the leader's voice is crucial.

The king can provide further regulations on the Consumer Ombudsman and Market Council and business.

If a nutritional business that falls under this law also goes in under regulatory or control regulations in other laws, the King may give closer rules about the interfactional containment of the various government's scope and whether cooperation between them.

0 Modified by law 19 June 2009 # 43 (ikr. 1 July 2009 ifg res. 19 June 2009 # 821).
SECTION 33. Illumination alike

Any duties to provide the Market Council or Consumer Messenger the information these authorities require in order to carry out their to-do items by the law, herunder information that is necessary to assess whether a trade practice is unreasonable. The information may be required given written or oral within a set deadline.

The Market Council and Consumer Rebid can conduct such scrutiny and charge, herunder demand issued documents, items, commodity samples or otherwise, as they find required to carry out their to-do items by law. If necessary, it can be requested for assistance from the police.

SECTION 34. Consumer Ombudsman's probation area

The Consumer Rebid shall bring attention that regulations in this law of the Chapter 1 to 5, or regulations given in the co-hold of this Act, are overheld. The Consumer Messenger shall further bring such supervision as the Consumer Rebid is attributed to other regulations.

The consumer proposal leads supervision after obuddit regulations out from the envision of the consumers. The vision after Section 2 other clause is still happening out of the envision of equality between the sexes, especially with emphasis on how women are faced. The vision of Section 10 with regulations is happening out of the envision that consumers should be able to orient in the market and easily compare prices.

SECTION 35. The Consumer Ombudsman's case management (the mediation model)

The Consumer Messenger shall of its own measures or after enquiry from others seek to influence nutritional measures to enact by the provisions that the bid shall be supervised by Section 34, herunder by bringing negotiations with the nutritional companies or their organizations.

If the Consumer Messenger finds that an act is in violation of regulations as mentioned in Section 34, it shall be sought to obtain the nutrition to a voluntary arrangement that the practice shall cease. Corresponding applies to terms as mentioned in Chapter 5. The Consumer Messenger may require written confirmation from the nutrition on that illegal relationships should cease.

If voluntary arrangement is not achieved, or if the terms of Section 36 are met, the Consumer Messenger may be given the case for the Marketing Council to the decision. In cases mentioned in Section 37, the Consumer Messenger can even grasp the legible actions or unreasonable term terms.

The Consumer Messenger may be able to lecture the Marketing Council cases of principle of principle related to the violation of Chapter 1 to 5, or to the violation of law 4. December 1992 No. 127 about Broadcast (Broadcast Law) Section 3-1 other clause and regulations given in co-hold the broadcast law Section 3-1 fourth clause. This applies even if voluntary arrangement has been achieved.

SECTION 36. Traps where it is not necessary to attempt voluntary arrangement

If the Consumer Messenger finds that an act is in violation of regulation given in co-hold of Section 6 Fifth Clause, Section 10, regulation given in co-hold of Section 10, Section 12, Section 13, Section 16, Section 17, Section 18, Section 18, Section 18, Section 18, Section 18, Section 18, Section 18, Section 18, Section 18, Section 18, Section 18, Section 18, Section 18, Section 18, Section 18, 1 or Section 20 other clauses, it is not necessary to seek to achieve voluntary arrangement after Section 35 other clauses. The same applies if the action or term of the term in the matter is identical to actions or terms that the Marketing Council has previously closed the ban on, or the nutritional trade is in violation of a written confirmation of Section 35 other clause.

Nor is it necessary to seek to achieve voluntary arrangement if documentation for concrete effect took advantage in marketing has not been submitted to the Consumer Messenger within 48 hours from the motion of this has been received by the nutritional. The same is true in the shonest cases where an allegation of concrete impact clearly cannot be documented.

1 Section 18 has now only a clause.
SECTION 37. Consumer Ombudsman's bill complexes

The Consumer Messenger can grasp the ordinance after Section 39 if it has not been achieved voluntary arrangement and the Consumer Rebid assumes that it will cause disadvantage or damage to the Market Council.

The Consumer Rebid can also hit the ordinance after Section 39 if the bid considers the action or term of the term in the essential identical to actions or terms that the Marketing Council has previously closed the ban on.

The Consumer Messenger shall inform the Marketing Council on the ordinance. The ordinance correcsance against, can impose the ordinance of the Market Council.

SECTION 38. Market Council

The Market Council treats cases like the statute of limitations of the Consumer Messenger. Beends the Consumer Messenger not to bring a case into the Market Council, it can be brought in by a nutritional or consumer touch of the action or arbitrary, or by a convergence of nutritional, consumers or profitability. The Market Council may require the Consumer Rebid to bring closer specific cases into the Marketing Council.

Further, the Market Council is complaining about the Consumer Ombudsman Act after Section 37 and cases brought in for the Market Council after Section 35 fourth joints.

SECTION 39. Consumer Ombudsman and Market Council

The Consumer Rebid or Market Council can, if they find that intervens for consideration as mentioned in Section 34 other clauses, grasp single-grasp

a) ban after Section 40,
b) The decree of Section 41,
c) -The foreclosure after Section 42,
d) The violation fee after Section 43.

Market council's decision cannot be incurred.

Attackers can also be corrected against co-realities. This still does not apply to the ordinance against advertising in violation of law 4. December 1992 No. 127 about Broadcast (Broadcast Law) Section 3-1 other clause and regulations given in co-hold the broadcast law Section 3-1 fourth clause. Section 48 fifth joints apply accordingly.

SECTION 40. Forbidden Maintenance

Actions that contrastify regulations as mentioned in Section 34 first joints can be prohibited. It can also be forbidden to benefit or aim to benefit terms as mentioned in Section 22.

SECTION 41. Attaking about the edict

It can be given the edict that exists necessary to ensure that a ban given in or in co-hold of this law is overheld.

It can be incurred to give price information after Section 10 first clauses and by regulations granted in co-10 other and third joints.

SECTION 42. Attathing about foreclosure

To ensure that the ordinance after Section 40 and 41 overheld it shall be determined an obsessive-like the one that the ordinance correcter against, shall pay if the person overcomes the pass. The determining of foreclosure can be exemplied if for honest reasons it dictates.

The donut can be determined as a running multior as a one-time fee. By determining the compulsion of the foreclosure, it shall be placed on weight that it should not pay to overwood the wood ceiling.

Finally, the bill for the payment of foreclosure is compulset basis for the outlay.

In honest cases, incurred multicast may be reduced or frafalles.

The king can at regulation determine closer rules about illegsm of compulsitation.

SECTION 43. Attaches of the violation fee

By intentional or negligent violation of regulation given in co-section of Section 6 Fifth Clause, Section 10, regulation given in co-hold of Section 10, Section 12, Section 13, Section 16, Section 17, Section 18 first clause 1 or Section 20 other clause, which is either considered significantly or has occurred repeatedly, it can be determined a violation fee as the one that the ordinance correcdates against shall pay.

By determining the size of the fee, it shall be placed emphasis on the violation of the violation, scope and effects.

The effective fee is due to payment four weeks after the ordinance is authored. Finally, the violation of the violation fee is the force basis for the issue of the issue.

The king can at regulation give closer rules on the issue of the violation of the violation fee.

0 Modified by laws 3 sep 2010 # 53 (ikr. 1 jan 2011 ifg. res. 3 sep 2010 # 1245), 20 June 2014 # 27 (ikr. 20 June 2014 ifg res. 20 June 2014 # 776).
1 Section 18 has now only a clause.

Chapter 8. Bouncous hand-enforcement mv.

SECTION 44. Scope

The provisions of this chapter will be given the Applicability of actions taken in business that contradictions regulations that after the EES agreement protect the consumers ' collective interests as they are conducted in Norwegian right.

Section 45 and 46 will be given the Applicability of actions that violate regulations that are conducting in attachment 1 to europe Parliamentary and Council Directive 2009 /22/EC on the downposting of the ban with respect to the protection of consumer interests. The provisions are given only the Applicability of actions taken in nutrition in Norway that have effect in any other EPS state or which has been conducted in nutritional business in another EPS state and has effect in Norway.

Section 47 gets the Applicability of actions that contrams the regulations that are conducting the EES legislation that has been taken into attachments to europe parliamentary and Council Regulation (EC) The 2006/2004 of cooperation between national authorities with responsibility for enforcement of consumer protection legislation. The provisions only receive the Applicability if the legislation frames consumers who have residence in a different member state than where the legislation has its origin or has taken place, where the nutritional is established or where evidence is located.

The Ministry is determining in regulation which regulations as to any time protect the consumers ' collective interests after other and third joints.

0 Modified by law 25 May 2012 # 27 (ikr. 1 July 2012 ifg res. 25 May 2012 # 472).
SECTION 45. Adtime to bring cases in for the Consumer Rebid and Market Council

Foreign authorities and organizations listed on the list of approved institutions that after the EBeer Agreement are released by the European Commission in the European Joint and in the EES amendment to this, could bring case in for the Consumer Rebid and Market Council with aim to ban the ban on action as mentioned in Section 44 other clauses.

SECTION 46. Approvals of government and organizations

The Ministry approves Norwegian authorities and organizations that can perform as a party in the case of other EDS states with aim to shut down the ban on action as mentioned in Section 44 other clauses. The Ministry undercourses the EFTA state's firm committee on the designated government's and organizers name and purpose, with aim at entry in the list mentioned in Section 45.

The Ministry of Justice can at regulation determine closer rules on approval after the first clause.

SECTION 47. The admission of the Regulation of cooperation between national authorities with responsibility for enforcement of consumer protection legislation

EES deal Attachment XIX # 7f (Regulation (EC) # The 2006/2004) of cooperation between national authorities with liability for enforcement of consumer protection laws (the settlement of consumer rights cooperation) applies as law with the adaptations as follows by the attachment itself, protocol 1 to the agreement and the agreement for Incidentally.

The Ministry of the Ministry mentions the authority of the government that enforce the provision of regulations and central contact organ.

Chapter 9. Punishment and civil judicial sanctions

0 The headline changed by law 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543).
SECTION 48. Punishment

The one that significantly overcomes Section 6 fourth clause jf. first clause, regulation given in co-hold of Section 6 Fifth Clause, Section 13, Section 20 different joints, Section 26, Section 28, Section 29 or Section 30, punishable by fines, jail until 6 months or both if not harsher penalty determination comes to the ancability.

Intactic as significantly violation of Section 7 or Section 8 jf. Section 6 fourth clause jf. first clause, Section 11 first joints, Section 26 or Section 27 are punishable by fines, prison up until 6 months or both if not harsher penalty determination comes to the ancability.

At the assessment of whether a violation is essential, it shall particularly be placed emphasis on the violation of the violation, effects and the degree of guilt. If the person or enterprise has previously been illaged or the violation of the violation of this law or regulation in co-law, punishment after first and other clause can be used even if the violation is not significantly.

The as intentional or negligent transfer of law has been made in the co-hold of this law, punishable by fines, prison up until 6 months or both if not harsher penalty determination comes to the ancability.

Punishment does not come to the Applicability of the violation of a clerk, officer or other similar subordinate when the violation of the violation has been subject to the person's dependent position on the nutritional.

Punishment does not come to the Applicability of Section 28 when knowledge of or disposal over the corporate secret has been achieved in a service or peer-to-trust relationship or through duty of duty in such a relationship and more than 2 years has been passed since the relationship upheard.

0 Modified by laws 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543), 19 June 2015 # 65 (ikr. 1 oct 2015).
Section 48 a. Punishment and civil judicial sanctions on illegal use of geographical designations

The one that uses a geographical designation in violation of Section 25, 26 or 31, is punishable by fines or imprisonment until one year.

If there has been particularly display of circumstances, the penalty is fines or prison until three years. By the assessment of whether particularly display conditions are present, it shall particularly be placed emphasis on the damage inflicted on the wronged, herding damage to dennes commercial reputation, the gain that the offence has achieved, and the extent of the offence for Incidentally.

For the violation of the first and second clause, the address can be neglected unless public consideration dictates, jf. The penalty process law Section 62 a.

The provisions of sanctions against trademark interventions in the trademark Law of Chapter 8, except Section 60, 61 and 61 a, apply accordingly to the use of geographical designation in violation of Section 25, 26 or 31.

0 Added by law 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543), modified by law 19 June 2015 # 65 (ikr. 1 oct 2015).
Section 48 b. Vederlag and damages at violation of certain provisions in chapter 6

For intentional or negligent violation of Section 28, 29 and 30 shall the offender pay to the unwronged :

a) Equivalent to a reasonable license fee for the exploitation, as well as damages for damage as a result of the violation that would not have occurred at licensing,
b) damages for damage as a result of the violation, or
c) -Equivalent to the gain gained by the violation of the violation.

Vederlag and damages are determined after that of the base teams in the letter a to c that are favourable for the unwronged.

The first clause applies to the equivalent of complicity.

The first and second clause applies to the equivalent of the violation of Section 25 and 26 consisting in the aftermath of the product, characteristic, advertising funds, or other advances.

0 Added by law 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543), modified by law 9 May 2014 # 16 (ikr. 9 May 2014 ifg res. 9 May 2014 # 625).
SECTION 49. Straffprocess unrelle rules

The prosecution may in connection with the criminal case demand conviction for measures to ensure that the legislant action ceases and to prevent it from repeated.

0 Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015).

Chapter 10. Ipowersetting, raising of past law, transition rules and changes in other laws

SECTION 50. Ipowersetting, raising of past law and transition rules

The law applies from the time the King decides. 1 From the same time, law is repeait 16 June 1972 No. 47 about control with marketing and appointment terms (marketing law). The king can put in effect the individual regulations at different times.

The writings given in co-hold of law 16. June 1972 No. 47 about the control of marketing and contractual terms (marketing law) also applies after the law here has stepped into effect.

1 From 1 June 2009 ifg. res. 9 jan 2009 # 7 and res. 29 May 2009 # 579, after the latter with the exception of Section 18 different joints.
SECTION 51. Changes in other laws

From the time the law takes effect, the following changes are made in other laws :---

EES deal Attachment XIX # 7f (Regulation (EC) # The 2006/2004) of cooperation between national authorities with responsibility for enforcement of consumer protection legislation (the settlement of consumer privacy cooperation).

Notice from the editorial staff of Norway's Lover : Mfl Section 47 is making frid. The 2006/2004 to Norwegian law. Below is the Norwegian version, obtained from the EES amendment 39 /2009/s. 470, without any EES adaptable of the wording.

[ Europarliament and the Council of the European Union have-

under reference to the Treaty of the Creation of the European Community, especially Article 95,

under reference to proposals from the Commission,

under reference to the statement from the financial and social committee,

after contemporary with the Regional Committee,

after the procedure determined in the treaty article 251 and

out from the following consideration :

1) In Council resolution of 8. July 1996 on cooperation between stewards about the action of the rule of regulations for the inner markade acknowledged that there is a need for continued efforts to better cooperation between the stewards, and urged the Member States and Commission to examine the possibility of strengthempower management cooperation on the enforcement of the rule of regulations, and see this as a priority case.
2) Existing national regulations on enforcement of the regulations that protect consumers ' interests are not tailored to the problems related to enforcement in the inner market, and it is today impossible to obtain an effective and effective cooperation on this area. These difficulties are to the obstacles that public enforcement enforcement agencies can cooperate on the ability of and investigate violations within the community of regulations that protect consumers ' interests, and secure stop or ban. The result is that there is no effective enforcement across the country borders, and thus dealers and suppliers can avoid enforcement by moving on within the community. This leads to competitive sales of law-abiding dealers and suppliers that run business either on national plan or across borders. The difficulties of border-shake enforcement are weakening the consumer confidence of offerings across the country borders, and thus also their confidence in the inner market.
3) That's why expedient on the one side to make it easier for public authorities with liability for enforcement of the regulations that protect consumers ' interests to cooperate when dealing with violations within the community, and on it other side to contribute that the inner market seems to be in a satisfactory manner, that the enforcement of the regulations that protect consumers ' interests is consistent and holds a high standard, and to control that the consumers have an economic protection.
4) The Joint Regulatory Regulations Act contains regulations on cooperation networks that will secure the consumers a protection out over the purely economic, not least on the health care area. Network created by this Regulation and these other networks should exchange information on best practices.
5) The scope of the provisions of mutual assistance in this Regulation should be restricted to violations within the community of the Joint Regulatory Regulations that protect consumers ' interests. An effective handling of violations on national plan should ensure that national transactions and transactions within the community are treated equally. This Regulation does not touch the Commission's liability with respect to the Member States violations of the Joint Regulatory Regulations, nor does it provide the Commission's authority to halt violations within the community defined in this Regulation.
6) In order to protect the consumers against violations within the community, a network must be created between public enforcement enforcement agencies throughout the community. These authorities have the need for a minimum goal of joint investigations and hand-enforcement authority in order to be able to estimate this Regulation effectively and discourage dealers or suppliers so that they do not do guilty of violations within Community.
7) In order to ensure consumers protection and an inner market that works in a satisfying way, it is absolutely imperative that the person government has the option of collaborating freely and on mutual basis by exchanging information, on-show and investigate violations within the community and hit measures with aim to achieve a halt or ban.
8) The individual government should also make use of other authority or other measures that they have at the disposal of national plan, herunder the authority to take out prosecution or refer cases to criminal prosecution as a result of a request for mutual assistance, with aim at immediately to halt or ban violations within the community, when appropriate.
9) Information exchanged between the person authorities must be reauthored by the strictest guarantees of confidant and secrecy to ensure that the investigation is not compromised or that of the vendor's reputation does not suffer damage to the wrongful basis. Europarliaments and Council Directive 95 /46/EC of 24 October 1995 about the protection of physical persons in connection with the treatment of personal information and on free exchange of such information and europe parliamentary and Council Regulation (EC) 45/2001 of 18. December 2000 about the Privacy Policy in the context of the processing of personal information in the community institutions and organs and whether free exchange of such information should be subject to use in relation to this Regulation.
10) The enforcement issues do not stop at the European Union's borders, and the community's consumers must be protected against unhonest nutritional established in third-place parties. It is therefore needed to negotiate international agreements with third-level assistance on mutual assistance by enforcement of the rule of regulations that protect consumers ' interests. Negotiations on such international agreements should, on the areas that come in under this Regulation, happen on the community plan to ensure a best possible protection for the community's consumers and a satisfying hand-handling cooperation with third-level cooperation.
11) Member States hand-raising business related to violations within the community should be intersettled on the community plan with aim to better the applicability of this Regulation and help raise the standard of enforcement and make it more consistent.
12) Member States management cooperation should be intersettled on community plan, to the extent cooperation has a community dimension, with aim to better the applicability of the regulations that protect consumers ' interests. With the creation of the European Foreign Grid net, such a co-arrangement is already present.
13) When the arrangement of member state's business after this Regulation involves financial support from the community, the decision of support shall be met after the procedures stipulate in the europe parliamentary and council decision 2004 /20/EC of 8. December 2003 about the introduction of a general frame for financing community measures in the period of 2004-2007, especially measures 5 and 10 in the decisive attachment, and in future decisions.
14) The consumer organizations have a very important role with regard to the awareness and awareness of the consumers and the servers of their interests, also in connection with the dispute solution, and they should be encouraged to cooperate with the government to strengthen the The applicability of this Regulation.
15) The measures necessary for the completion of this Regulation should be passed in accordance with the Council decision 1999 /40/8/F of 28. June 1999 about the determining of further rules for the exercise of the Transparency Authority that is attributed to the Commission.
16) An effective monitoring of the applicability of this Regulation and an effective consumer protection assumes equalling reports from the Member States.
17) In this Regulation, they respect the fundamental rights and overheld the principles that are recognized especially in the European Union's pact on fundamental rights. This Regulation should therefore be interpreted and applicability in accordance with these rights and principles.
18) As the goal of this Regulation, which is cooperation between national authorities with responsibility for enforcement of consumer protection legislation, cannot be reached in sufficient extent by the Member States as they do not alone can secure cooperation and co-operation, and therefore better reachable on the community plan, the community can hit measures in accordance with the proximity principle as stipuled in the treaty's Article 5. In accordance with the relationship response principle stipulated in mentioned article, this settlement is no longer needed to reach this goal-

passed this Regulation : ]

Chapter I. Inleading regulations

Art 1. Goal

This Regulation determines on what terms the Member States of the Government of the ReguRegulation Authority of the regulations that protect consumers ' interests should cooperate with each other and with the Commission to ensure that this rule of regulations becomes honored, that the interior market works in a satisfactory manner and that the consumers are given a stronger economic protection.

Art 2. Scope
1. The provisions of mutual assistance in chapter II and III receive the Applicability of violations within the community.
2. This Regulation does not touch the community rules of international privaatrics, and especially the provisions of the sentencing and the Law of Law.
3. This Regulation does not touch the Member States Applicability of measures related to criminal and civil legal cooperation, and especially the business within the European judicial web.
4. This Regulation does not touch the Member States's fulfillment of any further obligations related to mutual assistance in the context of the protection of collective financial consumer interests, herdments in criminal matters, and as follows by others court case, herder bilateral or multilateral agreements.
5. This Regulation does not touch europe parliaments and Council Directive 98 /27/EC of 19. May 1998 about the downturn of the foresight of the surrounding protection of the protection of consumer interests.
6. This Regulation does not touch the Joint Regulatory Regulations of the interior market, and especially the provisions of free commodity-free and free mobility of services.
7. This Regulation does not touch the Joint Regulatory Regulatory regulations for services related to remote synskringing.
Art 3. Definitions

In this Regulation, the

a) " Regulatory regulations that protect consumers ' interests, the Directions of the attachment as they are inworked in the member state's national right, and the verorations listed in the attachment,
b) "violation within the community", any action or avoidance that is in violation of the regulations that protect consumers ' interests, as defined in letter a), and as injuries or can damage collective interests for consumers settled in another or other member states than the Member State where the action or avoidance has its origin or has taken place ; or where the responsible seller or vendor is established ; or where there are evidence or belongings that can be attached to the action or the avoidance,
c) "The authority", any public authority on national, regional or local plan with a very special responsibility to enforce the regulations that protect consumers ' interests,
d) " centrally contact organ, the public authority in each member state designated as responsible for the co-ordination of this foreword application in the person's member state,
e) "responsible official," an official of the authority of the authority designated as responsible for the applicability of this Regulation,
f) "requesting authority," the person authority asking for mutual assistance,
g) "requested authority," the person authority receives a request for mutual assistance,
h) "sells or supplier", any physical or legal person who, with respect to the regulations that protect consumers ' interests, trades within the frame of its business, its business, its handicrafts, or its profession,
in) "market vision business", measures that meet by the person's authority to determine whether violations within the community have taken place on its territory,
j) "Consumer complaint", one with the equitable underbuilt claim that a seller or supplier has committed or may come to committing a violation of the regulations that protect consumers ' interests,
k) "collective consumer interests," a variety of consumer interests, which have suffered damage or may come to suffering damage as a result of a violation.
Art 4. The person
1. Each member state shall designate those of the person and a central contact organ with responsibility for the applicability of this Regulation.
2. Each member state can, if it is necessary for it to be able to fulfill its obligations following this Regulation, designate other public authorities. It can also designate organs that have a legitimate interest of violations within the community's stop or forelight, in accordance with Article 8 No. 3.
3. The authority is supposed to, without it touching the provisions of the No. 4. have the authority to conduct investigation and enforcement necessary to estimate this Regulation, and shall exercise this authority in accordance with national legislation.
4. The person's authority can in accordance with national legislation exercise the authority mentioned in the No. 3, either
a) directly in accordance with its own authority, or under the supervision of the judicial authorities, or
b) by referring the matter to a court that has competency to hit the necessary decision, optionally also by overtrial if the motion to hit the necessary decision is not taken to follow.
5. In the extent that the government is exercising his authority by referring cases to the court in accordance with the No. 4 letter b), shall this court have skills to meet the necessary decisions.
6 The authority that has been reacted in number 3. shall be inexpensive only when there is reasonable cause for suspicion of an offence within the community and shall at least include the right to
a) having access to all relevant documents, in any form, related to the violation within the community,
b) to cancel any person relevant information related to the violation within the community,
c) to conduct necessary controls on the site,
d) to advance a written claim that the person selling or supplier stops the violation within the community,
e) to obtain the seller or vendor responsible for the violation within the community, to commit to the halt of the violation, and, optionally, to announce the agreement of the agreement, the
f) demanding that any violation within the community stop or be prohibited, and optionally publiciate the decisions that have been hit in this connection,
g) demanding that the losing party pay damages to the treasury or to a recipient designated in or in accordance with national legislation, if the decision does not be descendants.
7. Member States shall ensure that the person of the government has sufficient funds to estimate this settlement. Managers shall comply with professional standards and expediency internal frameworks or behavioural rules that particularly ensure that individuals are given protection by the treatment of personal information, that the case treatment is fair and fair, and that The rules determined in Article 13 of confidential treatment and secrecy are being honored.
8. Any person the authority shall make their rights and its responsibility after this arrangement known to the public and shall designate responsible officials.
Art 5. Listings
1. Each member state shall enlighten the Commission and the rest of the Member States about the name of the person, and on other public authorities and organs that have a legitimate interest in the violations within the community's stop or forelight, as well as on the central contact organization.
2. The Commission shall announce and reconcile the list of central contact organizations and the government of the The European Union's time-end .

Chapter II. Mutual assistance

Art 6. Exchange of information on request
1. When a requesting authority asks for it, a requested authority, in accordance with Article 4, immediately put forward any information that is relevant in order to determine whether it has taken place an offence within the community, or whether it is reasonable reason for suspicion that it will take place.
2. The requested Authority shall, if necessary with assistance from other public authorities, commit appropriate investigation or other necessary or expediency measures in accordance with Article 4, with aim to overtake the necessary information.
3. When the requesting authority asks for it, the requesters may grant permission that a responsible official from the requesting authority follows with the requesters of the requesting government officials during their investigation.
4. The measures necessary for the completion of this article shall be passed after the procedure mentioned in Article 19 # 2.
Art 7. Exchange of information without the request
1. When the authority is given knowledge that a violation within the community has taken place, or has reasonable reason for suspicion that it will happen, it shall immediately give the person authorities in other Member States and the Commission's message about this, and give them all the necessary information.
2. When the authority hits further hand-enforcement or receive requests for mutual assistance in the context of the violation within the community, it shall give other Member States and the Commission's message on this.
3. The measures necessary for the completion of this article shall be passed after the procedure mentioned in Article 19 number 2.
Art 8. The requests for hand-revenge
1. An requested authority shall, when a requesting authority asks for it, hit any enforcement approach necessary for immediately to halt or ban the violation within the community.
2. To fulfill its obligations in accordance with # 1 shall the requesters of the requesters exercise the authority mentioned in Article 4 # 6. And all the other authority it has been attributed to national legislation. The requested Authority shall, if necessary with assistance from other public authorities, determine which hand-action is to be met to halt or ban the violation within the community, and which are effective and stands in relation to The violation.
3. The requesters of the requester can also fulfill their obligations after the No. 1 and 2 by giving an organ as, in accordance with Article 4 # 2 other periods, are designated as an organ with a rightful interest in the violations within the community's stop or forelight, in mission to meet all necessary enforcement actions as it after national legislation has at the disposal, to halt or ban the violation within the community on behalf of the requesters of the requesters. If this organ does not immediately stop or prohibit the violation within the community, the requesters have continued their obligations after number 1 and 2.
4. The requesters authority can hit the measures mentioned in the 3 only if it first deliberating with the requesting authority on the use of these measures, and both the requesting authority and the requesters agree on the following :
- the measures mentioned in the 3 will be able to be at least as effective as measures from the requesters of the requesters, with respect to halt or ban the violation within the community,

and

- when the organ designated by national legislation gets this mission, it does not lead to that information protected by Article 13 is issued to the person organ.
5. If the requesting authority believes the terms of the 4 is not met, shall the written enlighten the requested authority on this and justify its vision. If the requesting authority and the requesting authority do not agree, the Requestor Authority may refer the matter to the Commission, to make a statement after the procedure mentioned in Article 19 number 2.
6. The requested authority can consult with the requesting authority during the completion of the handling of hand-enforcement measures mentioned in No. 1 and 2. The requesters shall immediately provide the requesting authority, the authorities of the other member states and the Commission's message of what measures have been hit, and what impact they have had on the violation within the community, herduring whether the violation has been halted.
7. The measures necessary for the completion of this article shall be passed after the procedure mentioned in Article 19 # 2.
Art 9. The arrangement of market vision business and enforcement
1. The person of the government shall co-arrange its market-style vision business and its enforcement. They will exchange any information that is necessary for this purpose.
2. When the person becomes aware that a violation within the community damages the consumer interests in more than two member states, the affected person shall interact with their hand-enforcement and requests for mutual assistance through the central contact organization. They are to particularly endeavour to co-arrange their investigation and enforcement in time.
3. The government is due to advance the Commission on this co-arrangement, and may encourage officials and other fellow persons who have permission from the Commission, to participate.
4. The measures necessary for the completion of this article shall be passed after the procedure mentioned in Article 19 # 2.
Art 10. Database
1. The Commission shall manage an electronic database for storage and processing of information it receives after Article 7, 8 and 9. Only the person authorities should have access to the information in the database. The individual authorities shall, with respect to their responsibility for reporting information to be filed in the database, and the treatment of personal information that this entails is deemed to be processing responsible in accordance with article 2 letter d) in directive 95 //46/EF. The Commission shall, with respect to its liability after this article and the treatment of personal information that this entails, is considered to be the treatment responsible in accordance with article 2 letter d) in Regulation (EC) 45/2001.
2. If the person authority comes to that it has issued a message of violation within the community according to Article 7 that has subsequently proved to be without basis, it shall draw the message back, and the Commission shall immediately remove information from the database. When a requested authority gives the Commission's message after article 8 number 6 If a violation within the community has been halted, the stored information about the violation within the community will be deleted five years after the message.
3. The measures necessary for the completion of this article shall be passed after the procedure mentioned in Article 19 number 2.

Chapter III. Conditions of mutual assistance

Art 11. General Responsibility
1. The government shall fulfill its obligations following this settlement as if they acted on behalf of the consumers in their own country, for their own bill, or at the request of another person's authority in their own country.
2. Member states shall hit all measures necessary to ensure that this foreword application is effectively through the central contact organization, when it is used by the government, by other public authorities and organs they have designated and who have a legitimate interest in the violations within the community are stopped or overseen, and by the person courts.
3. Member States should encourage cooperation between those of the government and other organs that after national legislation has a legitimate interest in the violations within the community's stop or forelight, to ensure possible violations within the community immediately reported to the person authorities.
Art 12. The procedure at the request of mutual assistance and exchange of information
1. The requesting authority shall ensure that all requests for mutual assistance contain sufficient information that a requested authority can comply with the request, hereunder any necessary evidence that can be obtained only on the requesting government territory.
2. The requests shall be submitted by the requesting authority of the requesters of the requesters of the requesters, via the requesting government's central contact organ. The requesters of the requesters central contact of the government shall immediately forward the request to the authority of the person.
3. The requests for assistance and all the messaging of information should happen in writing on a standard form and be transmitted electronically via the database reacted in Article 10.
4. The affected authorities shall agree on what languages should be used in requests and by the messaging of information, before the requests are induced. If unity cannot be achieved, requests are to be transmitted on it or the official languages of the requesting government's member state, and the responses of it or the official languages of the requesters of the requesters.
5. Details that conveyed as a result of a request shall be conveyed directly to the requesting authority, and at the same time also to the requesting and the requesters of the requesters of the requesting.
6. The measures necessary for the completion of this article shall be passed after the procedure mentioned in Article 19 number 2.
Art 13 Use of information, protection of personal information as well as secrecy and business secrets
1. Oversent information can be used only to ensure compliance with the regulations that protect consumers ' interests.
2. The government can use all oversubmitted information, documents, survey results, declarations, confirmed copies or investigation results as evidence, on equal to the line of corresponding documents obtained on their own territory.
3. Any enlightenment that overpasses people working for the person, courts, other public authorities and the Commission, hereunder information reported to the Commission and stored in the database were reacted in Article 10, and if extradition would get negative repercussions for
- The privacy of the individual's privacy and integrity, especially in accordance with the Joint Regulatory Regulatory Regulatory Regulatory Services,
- a physical or legal person's business interests, herunder intellectual property rights,
- trial and legal counselling,

or

- the purpose of the control or investigation,

shall be confidant and underhanded secrecy, unless extradition is necessary to halt or ban any violation within the community, and the authority that oversends the information consent in that they are issued.

4. By the applicability of this Regulation, Member States shall pass the legislative measures necessary to limit rights and obligations by Article 10, 11 and 12 in Directive 95 /4/F, in the extent necessary to protect those interests that are reacted in the directitis Article 13 # 1 letter d) and f). The Commission can limit rights and obligations by Article 4 # 1, Article 11, Article 12 # 1, Article 13-17 and Article 37 # 1 in Regulation (EC) # 45/2001 When such a constraint is a necessary measures to protect the interests of which are reacted in the foreword's article 20 number 1 letter a) and e).
5. The measures necessary for the completion of this article shall be passed after the procedure mentioned in Article 19 number 2.
Art 14. Exchange of information with third-stage testing
1. When a person authority receives information from a authority in a third-person authority, it shall submit the information to the authority in other Member States, to the extent that this is permitted after bilateral bistandout agreements with the third-time speaker and is in compliance with the Joint Regulatory Regulatory regulations for the protection of individuals in connection with the treatment of personal information.
2. The information transmitted in accordance with this Regulation, the authority of the authority may also be overpassed a third-party authority in accordance with a bilateral bistand agreement with the third-party, provided that there is obtained consent from that person The authority originally oversubmitted the information, and this is in accordance with the Joint Regulatory Regulatory Regulatory regulations of individuals in connection with the treatment of personal information.
Art 15. Villai
1. Member States shall renounce all claims for repayment of expenses incurred in connection with the applicability of this Regulation. However, the requesting government's member state shall be responsible to the requesters of the requesters member state of all charges and losses arising as a result of measures that a court finds is unwarranted what concerns the chain's deeds in The violation within the community.
2. A requested authority may after deliberating with the requesting authority refuse to accommodate a request for hand-enforcement actions according to Article 8, if
a) The trial has already been initiated or final verdict has already been said for the same violations within the community and against the same dealers or suppliers, of the judicial authorities of the requesters or the requesting government's member state,
b) the one, after having implemented the auditent investigation, believes that it has not taken place any violation within the community,

or

c) it believes that the requesting authority has not put forward sufficient information in accordance with Article 12 # 1, unless the requesters authority has already refused to comply with a request in accordance with the 3 letter c) about the same violation within the community.
3. A requested authority may refuse to comply with a request for information after article 6 if
a) the one after deliberating with the requesting authority believes that this does not ask for the appropriate information to determine whether a violation within the community has taken place, or to determine if there is reasonable reason for suspicion that it will find place,
b) the requesting authority does not agree that the information is understated the provisions of confidential care and disclosure of Article 13 number 3.

or

c) criminal investigation or trial has already been initiated, or final verdict has already been said, for the same violations within the community and against the same dealers or suppliers, of the court authorities in the requesters or the requesting the government's member state,
4. A requested authority may be unable to fulfill the obligations reacted in Article 7 if criminal investigation or trial has already been initiated, or final verdict has already been said, for the same violations within the community and against the same sellers or suppliers, of the judicial authorities of the requesters of the requesters or the requesting government's member state,
5. The requester authority shall inform the requesting authority and the Commission on its justification for refusing to accommodate a request for assistance. The requesting authority can refer the case to the Commission, which is to make a statement after the procedure mentioned in Article 19 number 2.
6. The measures necessary for the completion of this article shall be passed after the procedure mentioned in Article 19 number 2.

Chapter IV. Co-company business

Art 16. The arrangement of enforcement
1. In the extent necessary to reach the measures of this Regulation, the Member States shall inform each other and the Commission on business that is of interest to the community, in areas such as :
a) training of officials with responsibility for consumer protection, herduring language training and organizing courses,
b) registration and classification of consumer complaints,
c) creation of sectorwise networks for responsible officials,
d) development of information and communication tools,
e) development of standards, methods and guidelines for officials working on consumer protection,
f) exchange of officials.

Member States can, in cooperation with the Commission, in communities carry out the business mentioned in the letter a)-f). The Member States shall in cooperation with the Commission to work out a joint frame for the classification of consumer complaints.

2. The person authorities can exchange responsible officials for better cooperation. The individual government is going to hit the measures necessary for the responsible officials participating in the exchange should be able to participate actively in the government's business. For this purpose, such officials shall have permission to carry out the tasks that the person of the host authority allocates them in accordance with the legislation of its member state.
3. Under the exchange, the responsible service of the service shall be civil and criminal liability is treated in the same way as for the person of the host authority officials. Managers who participate in the exchange shall adhere to professional standards and expediency internal behavioural rules with the person's host authority that particularly ensures that individuals are given protection by the treatment of personal information, that The case treatment is fair and fair, and that the rules determined in Article 13 of confidential care and secrecy are being honored.
4. The community measures necessary for the completion of this article, hereunder closer provision of joint business, shall be passed after the procedure mentioned in Article 19 number 2.
Art 17. Prevalence cooperation
1. In the extent necessary to reach the measures of this Regulation, the Member States shall inform each other and the Commission on business that is of interest to the community, in areas such as :
a) consumer enlightenment and counselling,
b) support to consumer representative business,
c) support to business being driven by organs of responsibility for the foreign-legal solution of consumer disputes,
d) support to the consumers ' claviability,
e) acquisition of statistics, research results or other information on consumers ' behavior and attitudes, and the consequences of this.

Member States can, in cooperation with the Commission, in communities carry out the business mentioned in the letter a)-e). The Member States shall in cooperation with the Commission to work out a joint frame for the business mentioned in letter e e).

2. The community measures necessary for the completion of this article, hernoff closer regulations on the completion of joint business, shall be passed after the procedure mentioned in Article 19 number 2.
Art 18. International Agreements

The community will cooperate with third-level international organizations and with them international organizations on the areas that come in under this Regulation, to give the consumers a stronger economic protection. Specifically, the provisions of the cooperation, heralunder the introduction of arrangements for mutual assistance, can be agreements between the community and the affected third-place parties.

Chapter V. End regulations

Art 19. Committee of Committee
1. The Commission is supposed to be bigs of a committee.
2. When it is shown to this number, Article 5 and 7 will be given the 1999 /4//8/F Applicability, while also being taken into consideration of the provisions of the decisive Article 8.

Time room determined in Article 5 # 6 in decision 1999 /40/8/F shall be three months.

3. The Committee establishes its business order.
Art 20 The committee's tasks
1. The committee can review all cases concerning the applicability of this Regulation, and as the leader takes up, either on his own initiative or at the request of a Member State representative.
2. It is going to particularly review and assess how this foreword regulations on cooperation work.
Art 21 Reports
1. Member States shall overpass the Commission's text to all interjudicial regulations that they pass, or to agreements on other than individual cases as they are part, in areas that are retaken by this Regulation.
2. Each other year from this Regulation takes effect, the Member States shall give the Commission report on its Applicability. The Commission is going to announce these reports.
3. The reports should include the following :
a) new information about the person's organization, authority, resources or liability areas,
b) information on developability, funds and methods in connection with violations within the community, especially if they are uncovering missing or gaps in this Regulation or in the regulations that protect consumers ' interests,
c) information on hand-enforcement methods that have proven to be effective,
d) Comprehensive statistics across the person's business, such as measures after this Regulation, received complaints, enforcement measures, and court decisions,
e) summary of key court decisions from national courts as interprets the regulations that protect consumers ' interests,
f) other information that is relevant to the applicability of this Regulation.
The 4th Commission is due to on the basis of Member States reports a report for the European Parliament and the Council on the applicability of this Regulation.
Art 22 Istrontrecation

This Regulation takes effect the twenty-end day after it is announced in The European Union's time-end.

It gets the Applicability from 29. December 2005.

The provisions of mutual assistance in chapter II and III receive the Applicability from 29. December 2006.

This Regulation is binding in all parts and comes directly to the Applicability of all Member States.

Ufinet in Strasbourg, 27. October 2004.

Appendix. Instant and resettlement arrangements that are retaken by article 3 letter a)

1. Council directive 84 /450/EEF of 10. September 1984 on the approach of the Member States laws and regulations on misleading advertising (EFT L 250 of 7:9.1984, s. 17). Last modified on europe parliamentary and Council Directive 97 /55/EF (EFT L 290 of 23.10.1997, s. 18).
2. Council directive 85 /577/EEF of 20. December 1985 about the consumer protection of agreements that engoose a different place than on the nutritional business site (EFT L 372 of 31.12.1985, s. 31).
3. Council Directive 87 /102/EEF of 22 December 1986 about the approach of Member States laws and regulations on consumer credit (EFT L 42 of 12.2.1987, s. 48). Last modified on europe parliamentary and Council Directive 98 /7/EF (EFT L 101 of 1.4.1998, s. 17).
4. Council Directive 89 /552/EEF of 3. October 1989 on the arrangement of certain provisions on the exercise of television, determined by law or regulation in the Member States : Article 10-21 (EFT L 298 of 17.10.1989, s. 23). Last modified on europe parliamentary and Council Directive 97 /36/EF (EFT L 202 of 30.7.1997, s. 60).
5. Council directive 90 /314/EEF of 13. June 1990 about packet raiser, herduring packaging holidays and package trips (EFT L 158 of 23.6.1990, s. 59).
6. Council directive 93 /13/EEF of 5. April 1993 about unreasonable terms in consumer agreements (EFT L 95 of 24.1993, s. 29). Modified at Commission Act 2002 /995/EF (EFT L 353 of 30.12.2002, s. 1).
7. Europarliaments and Council Directive 94 /47/EC of 26 October 1994 on the protection of the buyer in connection with certain aspects of agreements on part-time use of fixed property (hourly harehav agreements) (EFT L 280 of 29.10.1994, s. 83).
8. Europarliaments and Council Directive 97 /7/EC of 20 May 1997 about consumer protection at remote sales agreements (EFT L 144 of 4.6.1997, s. 19). Changed by Directive 2002 /65/EF (EFT L 271 of 9.10.2002, s. 16).
9. Europarliaments and Council Directive 97 /55/EC of 6. October 1997 about Change of Directive 84 /450/EEEF about misleading advertising to also include comparable advertising.
10. Europarliaments and Council Directive 98 /6/EC of 16. February 1998 on the forestry protection of the illumination on the forestry of the consumer response (EFT L 80 of 18.3.1998, s. 27).
11. Europarliaments and Council Directive 1999 /4/44/F of 25 May 1999 about certain aspects of consumer purchases and associated guarantees (EFT L 171 of 7.7.1999, s. 12).
12. Europarliaments and Council Directive 2000 /31/F of 8. June 2000 about certain legal aspects of information community services, particularly electronic commerce, in the interior market (EFT L 178 of 17.7.2000, s). 1).
13. Europarliaments and Council Directive 2001 /83/EF of 6. November 2001 on the introduction of a community rules for drugs for humans : Article 86-100 (EFT L 311 of 28.11.2001, s. 67). Last modified by Directive 2004 /27/EF (EFT L 136 of 30.4.2004, s. 34).
14. Europarliaments and Council Directive 2002 /65/EC of 23 September 2002 about the remote saddle of financial tensts to the forestry.
15. Europarliaments and Council Regulation (EC) 261/2004 of 11. February 2004 on determining joint rules for damages and assistance to air passengers at denied boarding and at inlined or significantly delayed flights (EUT L 46 of 17.2.2004, s. 1).
16. Europarliaments and Council Directive 2005 /29/EC of 11. May 2005 about enterprises unreasonable trade prices are facing consumers in the interior market (EUT L 149 of 11.6.2005, s. 22).